2026 HOA Legislation Recap – Part 1

The California Legislature was VERY active in 2026, with ten bills passed and approved by the Governor to become law. A number of other bills were vetoed by the Governor or stalled in the legislative process.

Assembly Bill 2692 – AB 2692’s changes to the law are already in force, as it was signed by the Governor as an “urgency statute” on August 24, 2026. This new law was spurred by the 2025 LA County fires, and addresses expired CC&Rs. In past years, developers for technical reasons (which no longer apply) would establish HOAs with CC&Rs, including a specific expiration date. If the HOA did not renew the CC&Rs before that date, the CC&Rs would expire and the HOA would no longer fall under the guidance of the Davis-Stirling Act. Once that happened, It would literally take the consent of 100% of the members (and their mortgage lenders) to reinstate the CC&Rs or record new CC&Rs. This new law allows LA County HOAs with expired CC&Rs to reinstate the CC&Rs upon a majority vote of all of the HOA members. This opportunity only is open until January 1, 2028. Associations in LA County with expired CC&Rs may want jump on this opportunity. Hopefully, the Legislature will expand this important relief to all California HOAs with expired CC&Rs, as they are in almost every county in the state.

AB 2035 - Civil Code 4275 has for many years allowed HOAs a way to obtain court approval for CC&R amendments if the HOA is unable to attain a supermajority (typically 67% or 75%) of members approving the amendment, but able to obtain approval at least a majority of the owners – and may file a Superior Court petition seeking approval of the amendment. Starting in 2027, the statute allows an alternative qualification for such an amendment for a VERY limited group of HOAs. If an HOA is an age-restricted community, consists of at least 6,000 memberships, is at least 25% occupied by renters, and the CC&Rs have not been amended in at least 35 years, such HOA may seek court approval with only 37% of members voting in favor. There may be only one HOA in California which meets all of those eligibility requirements – Third Laguna Hills Mutual in Laguna Woods, the sponsor of the bill. So this new law may help that HOA, but probably will not assist any other California HOA. 

AB 1684 – Assembly Bill 1684 adds yet another “protected uses” section to the growing list of things HOAs are not allowed to prohibit. Starting in 2027, HOAs cannot completely prohibit installation of cooling systems by homeowners, so long as they meet all applicable federal, state, and local laws. HOAs may still require the owner obtain a building permit if applicable, and require that the owner indemnify the HOA from any damage resulting from the installation, operation, maintenance, or removal of the system. HOAs willfully violating the statute can be sued by the homeowner and could be liable for a civil penalty of up to $2,000 and the homeowner’s attorney fees.

Review any bill at www.leginfo.legislature.ca.gov. Until the law takes effect, enter the bill number in the “bill information” tab. When the law change takes effect, you can see the updated law using the “California Law” tab.