 NEW LAWS FOR 2026
California's 2025 legislative session finally ended. Each year, we hold our breath and hope the Legislature doesn't do any damage.
Following is a summary of new laws affecting community associations. They take effect January 1, 2026.
DISCLOSURE OF
BALCONY INSPECTIONS
 Association members and prospective purchasers of units now have the right to review exterior elevated elements (EEEs) reports. The first page of the report must include the following information:
- date of inspection
- total number of units
- number of units with EEEs
- number of EEEs in the project
- number of EEEs inspected
- the EEEs that pose a safety threat
- the inspector's certification
Reports must be made available for two EEE inspection cycles. An inspection cycle is nine (9) years, which means associations must keep the reports for eighteen (18) years. The Legislature also clarified that inspections must be done in buildings containing three or more attached multifamily dwelling units.
RECOMMENDATION: Boards should adopt a document retention policy to ensure records are maintained for the required amount of time.
ELECTRIC VEHICLE
CHARGING STATIONS
 Owners who install electric vehicle charging stations are no longer required to name their association as an additional insured on their insurance policy.
The downside is that liability for damage or injuries resulting from an owner’s EV charging station may impact the association’s insurance rather than the owner’s. Associations may see an increase in insurance costs as a result.
JUNIOR ACCESSORY
DWELLING UNITS
 This bill clarified that owner-occupancy requirements only apply if a junior accessory dwelling unit (JADU) shares a bathroom with the main residence.
Owner-occupancy requirements do not apply if a government agency, land trust, or housing organization owns the residence.
The bill also requires that JADU rentals must be for a term longer than thirty (30) days.
RECOMMENDATION. Boards should update their policies regarding the occupancy and rental of JADUs.
RECONSTRUCTION OF DESTROYED
OR DAMAGED STRUCTURES
 Civil Code § 4752 is added to the Davis-Stirling Act. Governing document provisions that prohibit substantially similar reconstruction of a residential structure destroyed or damaged in a disaster are unenforceable.
“Disaster” is defined as one declared by local, state, or federal governments. “Substantially similar" reconstruction is one that complies with the following requirements:
- Local building codes.
- Interior square footage does not exceed 110% of the previous square footage.
- The exterior footprint of the rebuilt structure will be in the same location with the same dimensions.
- The height of the rebuilt residential structure will not exceed 110% of the previous height, or 100% of the height allowed by the association’s governing documents, whichever is greater.
- Any objective design standard in effect at the time the original residential structure was destroyed or damaged, provided that the standard does not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise rebuild, a substantially similar residential structure.
The Bill also adds Civil Code § 4766, which sets forth specific procedures for architectural review of applications for the substantially similar reconstruction of a residential structures destroyed or damaged in a disaster.
RECOMMENDATION. Boards should revise their governing documents for architectural procedures for the reconstruction of residential structures destroyed or damaged in a disaster, as defined by the new statute.
INSURANCE CANCELLATIONS
AND NON-RENEWALS
 This bill adds Insurance Code § 675.55. Under the new law, insurance companies are prevented from canceling or refusing to renew commercial property insurance policies for properties located within or adjacent to a fire perimeter where a wildfire occurred.
The restriction applies for one year after the declaration of a state of emergency, based solely on the fact that the insured structure is located in an area in which a wildfire occurred.
$100 FINE
LIMITATION
 The most significant legislation in 2025 concerns member discipline. Under AB 130, fines were capped at $100 per violation or any lesser amount specified in the association’s governing documents.
Fines greater than $100 may be imposed for violations that constitute an adverse health or safety impact on the common area or another member’s property. Associations cannot impose discipline if the member cures the violation prior to the hearing or provides a “financial commitment” to cure the violation.
RECOMMENDATION: Boards should revise their fine schedules to include members' cure rights, an IDR option, written resolution procedures, and the new time frame for notifying members of disciplinary actions and monetary penalties imposed.
ELECTRONIC VOTING
ALLOWED
 Associations that want to allow electronic voting need to update their Election Rules to include certain required information. They must include procedures for members to opt in or opt out of voting by electronic ballot in the annual policy statement prepared under Civil Code § 5310.
RECOMMENDATION: Even if associations don’t know if they will use electronic voting, it doesn’t hurt to include language in the annual policy statement now. Contact our office for assistance in drafting the appropriate language.
NON-POTABLE WATER
FOR NONFUNCTIONAL TURF
 Beginning January 1, 2029, associations will no longer be able to irrigate nonfunctional turf with potable (drinking) water.
Associations with more than 5,000 square feet of irrigated area are required to certify, commencing June 30, 2031, and every three years, that their property complies with the Water Code requirements.
If any turf areas are used for recreation (e.g., playgrounds, pet exercise areas), they fall under the category of “functional turf” and may continue to be irrigated with potable water.
RECOMMENDATIONS
• Determine if your association has nonfunctional turf areas that would need to switch to non-potable water.
• Consider other options, such as replacing turf with drought-tolerant landscaping or converting nonfunctional turf to functional turf by redesigning or designating it for recreational use areas (e.g., pet exercise areas).
• Determine whether potable water is necessary to ensure the health of trees and other perennial non-turf plantings in a nonfunctional turf area.
• Associations with nonfunctional turf should consult with their landscape contractor and local water district on how to convert it to non-potable water. Also, consult with reserve analysts and legal counsel to determine whether reserve funds for the repair or replacement of irrigation can be used to convert to non-potable water.
HIRING ATTORNEYS
 Our firm is growing. We are looking for a litigation attorney with 5 to 10 years of experience, a litigation paralegal, and two HOA attorneys. If you are interested or know someone who may be a good candidate, you can contact Adrian Adams confidentially by email or by phone at (800) 464-2817.
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