WeVote
Log In

Bill

Bill

AB 1684

Common interest developments: cooling systems.

2025-2026 Regular Session Introduced by Damon Connolly and 2 co-sponsors

California CIDs cannot ban or charge fees for residents installing or using cooling systems in their own units; restrictions are void and enforcement penalties apply.

From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 16).
#commoninterestdevelopments #coolingsystems
0
WeVote Research Nonpartisan
Bill Summary · AB 1684

Summary of AB 1684 (2025-2026) – California

Overview

  • Bill: AB 1684
  • Session: 2025-2026
  • Jurisdiction: California
  • Topic: Common interest developments (CIDs) and cooling systems
  • Introduced by: Assembly Member Ward
  • Status: As amended and proceeding through the Legislature in 2026; latest action shows re-referral to the Committee on Judiciary (as of April 23, 2026)

Purpose and Intent

AB 1684 aims to ensure that residents of common interest developments (CIDs) can install, upgrade, or use cooling systems in their own separate interests without being prohibited or unduly burdened by governing documents, architectural guidelines, or deeds. The bill expands protections currently applicable to mobilehome parks and applies them to typical CIDs (condominiums, cooperatives, subdivisions) under the Davis-Stirling Common Interest Development Act.

Key goals:
- Remove prohibitions or restrictions on cooling systems in CID governing documents and related instruments.
- Prohibit associations from imposing fees, restrictions, or requirements related to cooling systems, with limited exceptions.
- Provide remedies and damages for violations by associations.

Key Provisions and Changes

  1. Civil Code Additions

  2. New sections 4737 and 4738 (Civil Code) establish that:

    • Any provision in CID governing documents, architectural guidelines, or policies that prohibits or restricts installation, upgrading, replacement, or use of a cooling system that complies with applicable building codes is void and unenforceable.
    • Any covenant in deeds, contracts, security instruments, or other real property instruments that prohibits or restricts a cooling system is void and unenforceable.

  3. Scope of "Cooling System"

  4. The term "cooling system" is defined broadly to include, but not be limited to:

    • Portable and window air-conditioning units
    • Swamp coolers/evaporative coolers
    • Cooling fan systems
    • Heat pumps
    • Any other technology that reasonably provides internal cooling

  5. Cooling systems must meet all applicable health and safety standards and building code requirements.

  6. Rights of Members Within Their Separate Interest

  7. Associations may not prohibit or restrict a member from installing, upgrading, replacing, or using a cooling system in their separate interest.

  8. Prohibited association actions include:

    • Charging any installation/upgrade/replacement/use fees
    • Requiring use of a specific cooling system, contractor, or product
    • Seeking rebates, credits, or commissions related to cooling systems
    • Forcing removal of a cooling system or blocking upgrades/replacements

  9. Exceptions:

    • The above protections do not apply if:
    • Installing/upgrading/using the cooling system would violate federal, state, or local law, or
    • A required permit from a permitting authority is not granted

  10. Shared/Public Areas and Damages

  11. The bill preserves the ability of an association to require a member to repair damages to common or exclusive-use areas caused by the cooling system installation/operation/removal if such damages occur.

  12. Remedies and Penalties

  13. If an association willfully violates these provisions, it is liable to the member for actual damages.

  14. Civil penalty to the member up to $2,000.

  15. A prevailing member in enforcement actions is entitled to reasonable attorney’s fees and court costs.

Who/What is Affected

  • Affected Parties:

    • Members of California CIDs (condominiums, cooperatives, subdivisions, mobilehome-like communities with a CID structure)
    • Associations that govern CIDs (HOAs and similar bodies under the Davis-Stirling Act)
    • Deeds and other transfer instruments tied to property within CIDs

  • Affected Instruments:

    • Governing documents, architectural guidelines, and policies of CIDs
    • Deeds, contracts, security instruments, and other instruments affecting real property interests within CIDs

Procedural and Timeline Aspects

  • Legislative Path:
    • Referred to committees (various initial referrals in Feb 2026)
    • Passed by a committee (Do Pass) and re-referred to the Judiciary Committee (as of March 25, 2026; then subsequent action on April 22-23, 2026)
  • No appropriation or fiscal committee requirements indicated
  • Effective date: Not specified in the text provided; typically, California bills become effective on Jan 1 of the following year or on a specified date after signing, unless otherwise stated. The bill text provided does not include an explicit effective date.

Practical Impact

  • The measure strengthens homebuyer and tenant rights by ensuring the ability to install and maintain cooling systems within the member’s separate area.
  • It reduces the risk of disputes over cooling technologies and aligns CID practices with health, safety, and building code standards.
  • It creates enforceable remedies and modest penalties for associations that unlawfully restrict cooling system installation or impose fees.

If you’d like, I can provide a side-by-side comparison with current Davis-Stirling provisions or draft a plain-language FAQ for residents and CID boards.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.