HOA Homefront: New statute bars bans on energy-saving windows

California’s latest legislative session introduced several significant changes for community associations.

In the third installment of our legislative roundup, we look at three final bills signed into law that will take effect in 2027 and directly affect HOAs.

All three measures address property uses or installations that state law already protects from “unreasonable” HOA restrictions.

The Davis-Stirling Common Interest Development Act includes a set of “protected uses” that prevents HOAs from banning certain property activities or installations. That list, which starts at Civil Code Section 4705, currently includes 21 items.

Senate Bill 908 adds a 22nd protected use to the Davis-Stirling Act.

Civil Code Section 4754 now bars HOAs from outright prohibiting the installation of energy-efficient windows. The protections mirror those already in place for solar installations. HOA rules are considered “reasonable” if they do not raise installation costs by more than 10% or reduce energy efficiency by more than 10%.

The law treats all windows serving a residence the same, whether they are part of the residence itself, exclusive-use common area, or ordinary common area.

An important wrinkle is that associations may impose aesthetic limits on energy-saving windows in association buildings with more than 20 units, as long as the buildings are not townhomes attached side by side. In practical terms, HOAs may only impose visual restrictions on homes in buildings with 21 or more attached residences, which means smaller associations and communities made up of smaller buildings cannot bar windows from looking noticeably different from the rest of the homes.

HOAs may require homeowners to accept a permanent duty to maintain and repair the replacement window, but they cannot charge the homeowner for preparing or filing the recorded agreement that makes that obligation permanent.

The new law could also raise issues for HOA buildings covered by Mills Act agreements, where owners agree not to alter historic exterior features in exchange for property tax benefits.

Senate Bill 222 creates a 23rd protected use under the Davis-Stirling Act.

Beginning in 2027, a new Civil Code Section 4737 will prevent HOAs from blocking the replacement of fuel-gas appliances with electric appliances, as long as the work complies with all applicable building codes and is fully permitted by the building authority.

The statute also protects the installation of residential heat pump water heaters and heat pump HVAC systems. In the author’s experience advising California HOAs for 37 years, this issue has rarely surfaced, though a reader described one such incident earlier this year.

Senate Bill 1267 updates the long-standing Civil Code Section 4745 protections for electric vehicle charging stations in HOAs.

You may recall Senate Bill 770, which previously changed the homeowner’s requirement to carry liability insurance covering an installed charging station.

SB 1267 adds Civil Code Section 4745(f)(5), requiring the installer of a charging station to indemnify or reimburse the HOA for any loss or damage caused by the system’s installation.

In addition, a new subsection “l” shields the HOA from liability related to the homeowner’s charging station so long as the HOA is not grossly negligent.

Readers can review any bill or law, including the Davis-Stirling Act, at leginfo.legislature.ca.gov, the official California Legislature website.