California bill would void HOA rules that block air conditioning
California bill would void HOA rules that block air conditioning
2026-09-09 · California · Legislation · Pending — not yet law
A bill that would strip California homeowners associations of the power to prohibit air conditioning is sitting on Governor Gavin Newsom's desk. AB 1684 is not law: it passed both houses without a dissenting vote and was enrolled and presented to the Governor on August 27, 2026, and it will become law only if he signs it.1
The bill adds a new section 4738 to the Civil Code, placing it inside the Davis-Stirling Common Interest Development Act alongside the existing protections for solar panels, electric vehicle charging and clotheslines.
What the bill would do
Section 4738 would void any provision of a governing document, covenant, deed or contract that restricts the installation, upgrade, replacement or use of a cooling system that meets all applicable state and local building codes. The drafting is deliberately broad on the verbs — it reaches upgrade and replacement, not only first installation.
Alongside the prohibition, the bill lists things an association could no longer do. It could not charge a fee for the installation or the use of a cooling system, mandate a particular system or a particular contractor, claim rebates or commissions associated with the equipment, or require an owner to remove a system already in place.
Enforcement is what gives the section teeth. A violation would carry a civil penalty of up to $2,000 in addition to actual damages, and a prevailing member would recover attorney's fees and costs.2
What associations could still require
The bill is not a blanket removal of association authority. Two exceptions preserve a restriction outright: where installation would violate federal, state or local law, and where a required permit is denied by the permitting authority.
Beyond those, an association could still hold the member responsible for damage to the common area, require that work affecting the common area be performed by a licensed contractor, and require disclosure of the system to future buyers. The licensed-contractor requirement carries an express carve-out: it would not reach portable units, window units, swamp coolers, or any system that does not require a permit.
Where it stands
AB 1684 was authored by Assemblymember Chris Ward, with Assemblymembers Damon Connolly and Ash Kalra as coauthors. The Senate passed it 38–0 on August 19, 2026, and the Assembly concurred in the Senate amendments 76–0 the following day. The bill was last amended on August 6, 2026.
The Governor's deadline to sign or veto bills passed before September 1 and in his possession on or after that date is September 30, 2026.3
What it would change for boards and managers
If AB 1684 is signed, the practical effect falls hardest on architectural review committees, and it falls in a specific way: it converts a discretionary approval into a ministerial one for an entire category of equipment.
Blanket prohibitions become unenforceable. Governing documents in older California developments frequently prohibit window units outright, or bar any mechanical equipment visible from the street. Where the equipment is code-compliant, section 4738 would void that language by operation of law — without an amendment vote, and regardless of how long the restriction has stood.
The fee prohibition reaches more than application fees. The bill bars charging for installation or use. An association that meters or surcharges electricity consumption attributable to a unit's cooling equipment, or that levies an equipment fee through its enforcement schedule, would need to examine whether the charge survives.
Continued enforcement becomes expensive. The combination of a $2,000 civil penalty per violation, actual damages, and one-way attorney's fees to a prevailing member changes the arithmetic of a disputed enforcement action. An association that issues a violation notice against a code-compliant unit would be exposed on all three.
Rules and guidelines would need rewriting, not just non-enforcement. A restriction voided by statute still sits in the published architectural guidelines that owners read, and still deters installations. Boards that wait for a challenge before amending their guidelines leave the deterrent in place.
The overlap with SB 222
AB 1684 is not the only cooling-equipment bill on the Governor's desk. SB 222 would add a separate section 4737 covering heat pump HVAC systems and heat pump water heaters, with its own exception structure.
The two bills are not identical in scope. AB 1684 reaches any code-compliant cooling system; SB 222 reaches heat pump equipment and gas-to-electric appliance replacement, and carries local permitting provisions AB 1684 does not. A heat pump used for cooling would fall within both descriptions.
If both are signed, associations would be operating under two adjacent Civil Code sections with overlapping subject matter and differently drafted exceptions. Which section governs a given installation would depend on the equipment, and the analysis is not the same under each.
What to watch next
The signature decision is the only thing that matters between now and September 30. There is no third outcome: a bill not signed and not vetoed by the deadline becomes law without signature, and a veto ends it.
Because 2026 closed a two-year legislative session, a veto would not send AB 1684 back to committee — it would end the measure entirely. Any successor would have to be introduced afresh in the 2027–2028 session convening in December 2026.
If it is signed, the operative question for boards is timing. AB 1684 carries no urgency clause, which places its operative date at January 1, 2027 under the ordinary rule — giving associations one budget cycle to revise exterior equipment standards and architectural guidelines.
Related California HOA Topics
- AB 1684, California Legislature — bill status and complete history (enrolled and presented to the Governor August 27, 2026) ↩
- AB 1684, California Legislature — bill text and Legislative Counsel's Digest (adding Civil Code § 4738) ↩
- 2026 Tentative Legislative Calendar, California State Senate (August 31 last day to pass bills; September 30 last day for the Governor to act) ↩
- CAI-CLAC, Legislative Session Hot Bills — California Legislative Action Committee bill positions ↩
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