If you submit a valid architectural application and your HOA changes the rules to block it, the board is almost certainly violating the Davis-Stirling Act. California law does not let HOAs move the goalposts mid-review simply because they dislike a proposed project.

🎯 What You’ll Learn in This 1-Minute Tip:

✅ Why HOAs must apply the rules in place when you submit your application.

✅ How Civil Code § 4765 limits architectural discretion through fairness and good faith.

✅ When rule changes cross the line into arbitrary and capricious decision-making.

This Tip explains why retroactive architectural rule changes almost never survive legal scrutiny. The Davis-Stirling Act requires reasonable, good-faith procedures, and boards that pass new restrictions to kill pending applications usually violate those standards.

🎧 📞 If you enjoyed this Tip, please like and subscribe to HOA HELL. Listen on YouTube at @hoahellpodcastofficial or wherever you get your podcasts. To schedule a consultation, visit https://mbkchapman.com/ and mention the HOA HELL discount.

Disclaimer:

This content constitutes attorney advertising.

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

About:

Michael Kushner created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Managing partner of MBK Chapman, and author of the best-selling book, HOA HELL, Kushner teaches homeowners how to fight their bad HOAs and win. 💥 Amazon [https://tinyurl.com/tx47hmvn] | Barnes & Noble [https://www.barnesandnoble.com/s/hoa%20hell]

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