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Board & governance

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, 2027 election notices, AC, heat pump and window rights, EV chargers, and the 2032 reserve funding rule.

Part of the HOA board handbook: new state laws for boards.

What changed and when

Nine 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. Eight 2026 bills come next. AB 2692 (chapter 124, Statutes of 2026), signed August 24, 2026, is an urgency statute that took effect that day and reaches only Los Angeles County. AB 1892 (chapter 169, Statutes of 2026), signed August 31, 2026, changes election notice timing. SB 1267 (chapter 350, Statutes of 2026), signed September 20, 2026, rewrites the rules for owner-installed EV chargers in the common area. In the last days of September the governor signed five more: SB 222 (chapter 738) on heat pumps, SB 908 (chapter 787) on replacement windows, AB 2050 (chapter 796) on reserve funding, AB 1684 (chapter 887) on air conditioning and other cooling systems, and AB 2035 (chapter 916) on court-ordered declaration amendments. None of the other seven has an urgency clause, so all of them take effect January 1, 2027, though the AB 2050 funding rules do not start until January 1, 2032.

The 2026 bills: election notices and EV chargers

AB 1892 shortens the acclamation calendar in section 5103. Today the first notice of an election that may be decided by acclamation has to go out at least 90 days before the nomination deadline, and the reminder between 7 and 30 days before it. Starting January 1, 2027, the first notice is due at least 30 days before the nomination deadline and the reminder at least 10 days before it. The reminder still lists the qualified candidates. AB 1892 also changes section 5105 so that an association using electronic secret ballots delivers individual notice of the electronic ballot no later than 30 days before the election, and only to the members voting electronically. It amended section 4775 too, but the 14-day duty to start utility repairs described below stays. SB 1267 amends section 4745, which covers an owner's EV charger installed in the common area or exclusive use common area. The owner and each later owner of the unit become responsible for damage caused by using the charger, on top of installation, maintenance, repair and removal costs. The installer must indemnify or reimburse the association and its members for loss or damage caused by the installation. An association that follows section 4745 gets civil liability protection for injuries and damage from a charger it does not own, except in the case of its own gross negligence.

The September 2026 bills: cooling, heat pumps, windows and reserves

Three of the late bills take away architectural control over equipment owners install for their own homes. AB 1684 adds Civil Code section 4738. A rule that prohibits or restricts the installation, upgrade, replacement or use of a code-compliant cooling system becomes void. That covers window and portable air conditioners, swamp coolers, fans and heat pumps. The association cannot charge a fee for it, require a brand or contractor, take a rebate or commission, or make the owner remove the unit. The only exceptions are a unit that would break federal, state or local law, or a required permit that is not granted. Where the unit affects common area, the board can still make the owner pay for damage, use a licensed contractor for permitted work, and disclose the unit to buyers. A willful violation costs actual damages, a civil penalty of up to $2,000 paid to the owner, and the owner's attorney fees. SB 222 adds section 4737, which voids any rule that stops an owner from replacing a gas appliance with a code-compliant electric one, and gives heat pump water heaters and heat pump HVAC systems the same protection: no fee, no required brand or contractor, and no forced removal. SB 908 adds section 4754 for windows replaced at the same size and location. The board may keep only reasonable installation rules, plus aesthetic rules in buildings of more than 20 units that are not townhomes, and neither may raise the cost or cut energy efficiency by more than 10 percent. If the documents set no window rules, the board cannot require approval at all. If it does review an application, it has 45 days to decide in writing or the application is deemed approved. AB 2050 adds section 5552 and rewrites section 5550, starting January 1, 2032. The reserve study must then show a minimum contribution that keeps the projected reserve balance above zero for 30 years, and the association must fund at least that amount every year. If the balance is projected to go negative, at least 15 percent of the gross annual budget goes to reserves each year until it is not. If the budget cannot cover the minimum, the association levies a reserve funding special assessment, with a member vote for any amount above the section 5605 cap, and no more than once every nine years.

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. Before January 1, 2027, update the election calendar for the 30-day and 10-day acclamation notices, and if you use electronic ballots, the 30-day individual notice to electronic voters. Rewrite the EV charger approval packet and owner agreement to reflect the owner's liability for damage from use and the installer's duty to indemnify, and keep collecting the certificates of insurance section 4745 already requires. Also before January 1, 2027, pull every architectural rule on air conditioners, swamp coolers, heat pumps, gas-to-electric swaps and replacement windows, and mark which ones sections 4737, 4738 and 4754 make void. Drop any fee or approved-vendor requirement for that equipment, and calendar 45 days from receipt for window applications. Then ask your reserve specialist to show the 30-year minimum contribution in the next study, so you know years ahead of 2032 whether the 15 percent rule will apply to you.

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, is not law. It was still waiting for an Assembly vote on Senate amendments when the session ran out, and Article IV, section 10(c) of the state constitution bars passing ordinary bills on or after September 1 of an even-numbered year. SB 1238, which would have changed manager duties and resale disclosures and amended the reserve study section, is not law either: the governor vetoed it on September 20, 2026. AB 2050 does not require any new reserve contribution before 2032. AB 2035 lets a court approve a declaration amendment with just over 37 percent of the vote, but only for a senior citizen housing development with more than 6,000 separate interests, more than 25 percent of them tenant-occupied, and a declaration unamended for 35 years, so it will not reach a typical self-managed association. AB 2692 added section 4276 for associations whose declaration ended when its initial term ran out. The Legislature tied it to rebuilding communities damaged in the 2025 Palisades and Eaton fires. Members can reinstate it by the percentage the declaration required to extend its term, or a majority of all members if it names none. The designated officer, or the president, certifies the vote in a signed and acknowledged writing, the association records the declaration, and each member gets a copy by individual delivery. The new term equals the original term or 20 years, whichever is shorter. The section applies only in Los Angeles County and is repealed January 1, 2028, so it does nothing for an expired declaration anywhere else. Davis-Stirling amendments land every year, and the effective date is not always January 1, as AB 130 and AB 2692 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, 4775 for utility repairs, and 4745 for EV chargers. The new sections 4737, 4738, 4754 and 5552 take effect in 2027 and 2032 and may not appear on the code pages yet, and the pages for sections 4745, 5103 and 5105 showed the pre-2027 wording when this guide was checked, so read the chaptered bill text for the new rules. 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

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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