What do the 2024-2026 California HOA law changes mean for volunteer boards?
By OurHOA · General information · Revised
California HOA law changes for boards: the $100 fine cap from AB 130, electronic secret ballots, reduced election quorum, teleconference meetings, utility repairs.
Part of the HOA board handbook: new state laws for boards.
What changed and when
Six recent bills changed the Davis-Stirling Common Interest Development Act, Civil Code section 4000 and following, in ways a volunteer board has to act on. AB 648 (chapter 203, Statutes of 2023) added section 4926, allowing meetings held entirely by teleconference, effective January 1, 2024. AB 1458 (chapter 303, Statutes of 2023) and AB 2460 (chapter 401, Statutes of 2024) created and then refined a reduced quorum for director elections in section 5115. SB 900 (chapter 288, Statutes of 2024) amended section 4775 on utility repairs, effective January 1, 2025. AB 2159 (chapter 383, Statutes of 2024) allowed electronic secret ballots under section 5105, effective January 1, 2025. The one that surprised most boards is AB 130 (chapter 22, Statutes of 2025), a housing budget trailer bill that rewrote the fine rules in sections 5850 and 5855. It took effect immediately on June 30, 2025, not the following January. SB 410 (chapter 516, Statutes of 2025) adjusted the balcony and deck inspection rules for condominium projects, effective January 1, 2026.
Fines after AB 130
Section 5850(c) now caps a fine for a governing document violation at the lesser of the amount in your published schedule or $100 per violation. The board can exceed $100 only for a violation that may have an adverse health or safety impact on the common area or another member's property, and only after making a written finding at an open board meeting that describes that impact. Section 5850(e) bars late charges and interest on fines. Section 5855 still requires 10 days' written notice of a disciplinary hearing, but now gives the member a chance to cure before the hearing. The board cannot impose discipline if the member cures before the meeting, or, when a cure takes longer than the notice period, if the member makes a financial commitment to cure. If the board and member reach agreement, the board drafts a written resolution that binds both once signed. Written notice of the decision is now due within 14 days, down from 15. If you skip a step, section 5855(g) says the discipline is not effective.
Elections and meetings
Under section 5115, if your governing documents require a quorum to elect directors and the election falls short, the association may adjourn and reconvene at least 20 days later. At the reconvened meeting, the quorum is 20 percent of members voting in person, by proxy, or by secret ballot. General notice of the reconvened meeting must go out at least 15 days before it, and the original election notice must warn members that this may happen. The reduced quorum does not apply if your documents already set a lower one. Section 5105(i) now lets an association adopt an election rule allowing the inspector of elections to run an election by electronic secret ballot. This is optional, and it cannot be used for a vote on regular or special assessments. Members who will vote on paper still get the double-envelope ballot. Section 4926 allows a board or member meeting to be held entirely by teleconference with no physical location if the notice includes technical instructions, the phone number and email of someone who can help before and during the meeting, and a reminder that members may request individual delivery of notices. Every director and member must be able to participate as they would in person, anyone entitled to attend must have a telephone option, and every director vote must be a roll call. The meeting where ballots are counted under section 5120 still needs a physical location.
Utility repairs under SB 900
Unless your declaration says otherwise, or a utility provider is responsible, section 4775 makes the association responsible for repairs needed to restore gas, heat, water, or electrical service that begins in the common area, even when the problem extends into a separate interest or exclusive use common area. The board must commence the repair process within 14 days of the interruption. The law does not say service has to be restored within 14 days. If the board cannot reach a quorum within 14 days, the next noticed meeting may vote to start the repairs with a reduced quorum, and the vote may be taken by email. If reserves fall short, the board may borrow on competitive terms without a member vote, after passing a resolution explaining the expense and the reserve shortfall. That resolution goes out with the notice of any emergency assessment. The rules are suspended when a declared disaster or emergency materially affects the association's ability to comply.
The board's to-do list
Revise the fine schedule so no fine exceeds $100 per violation. Identify the few violations you consider health and safety risks, and plan to make a written open-meeting finding before fining any of them above $100. Remove late fees and interest on fines from the schedule and from your ledger software. Rewrite hearing notices to explain the right to cure before the hearing, and calendar the 14-day decision notice. Deliver the revised schedule with the annual policy statement or as a supplement by individual delivery. For elections, add the reduced-quorum statement to your election notice if your documents require a quorum. Decide whether to adopt an electronic secret ballot rule, and if you do, amend the election operating rules at least 90 days before the next election, since section 5105 bars amendments inside that window. If you want to hold virtual-only meetings, create a notice template with the teleconference instructions and tech contact, and plan for roll call votes. For utilities, write down who approves emergency repair contracts and how the board will vote by email under section 4775 if it cannot meet.
What did not change and common misreadings
There is no Civil Code section 4775.5. SB 900 amended section 4775 and related reserve and emergency assessment sections. SB 410 is about balcony and deck inspections in condominium buildings with three or more attached units, not election quorum, which came from AB 1458 and AB 2460. The electronic ballot is permitted, not required, and paper ballots remain the default. AB 130 did not ban fines or remove a board's ability to enforce its rules. It capped the amount and added a cure step. AB 1184, on board business outside meetings and meeting recordings, had not been chaptered when this guide was checked, and the governor's 2026 signing deadline was still ahead, so check its status before treating it as law or dismissing it. Davis-Stirling amendments land every year, and the effective date is not always January 1, as AB 130 showed.
Where to read the law
California Legislative Information publishes each bill's history, chaptered text, and the current code section, with a note at the bottom of each section naming the last bill that amended it. Read sections 5850 and 5855 for fines, 5105 and 5115 for elections, 4926 for teleconference meetings, and 4775 for utility repairs. Your governing documents can be stricter on process, but they cannot authorize fines above what section 5850 allows. Check with an attorney licensed in California before relying on this for a specific fine, election, or emergency assessment.
Sources
- California AB 130 (2025) bill page
- California SB 900 (2024) bill page
- California AB 2159 (2024) bill page
- California AB 648 (2023) bill page
- Civil Code section 5850: fine schedule and cap
- Civil Code section 5855: hearing, cure, and decision notice
- Civil Code section 5115: election notice and reduced quorum
- Civil Code section 4775: utility repairs
- Civil Code section 4926: teleconference meetings
These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.
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