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AB 1892 signed: California HOAs get 14 days to start restoring interrupted utilities

AB 1892 signed: California HOAs get 14 days to start restoring interrupted utilities
California · Legislation

AB 1892 signed: California HOAs get 14 days to start restoring interrupted utilities

California has a new common interest development statute, and its most consequential provision has nothing to do with utilities. AB 1892 was approved by Governor Gavin Newsom on August 31, 2026 and chaptered the same day as Chapter 169, Statutes of 2026.1

Authored by Assemblymember Laurie Davies, the bill amends Civil Code sections 4775, 5103 and 5105. The Assembly concurred in the Senate amendments 76–1 on August 19, and the bill was enrolled and presented to the Governor on August 25. It carries no urgency clause, which places its operative date at January 1, 2027 under the ordinary rule.

The 14-day utility restoration clock

Section 4775 allocates repair and maintenance responsibility between the association and the owner. AB 1892 sharpens it for service interruptions.

The association is responsible for repairs “when the interruption in service begins in the common area even if the matter extends into a separate interest or the exclusive use common area” — replacing the vaguer prior formulation about the matter extending into “another area.”2

The board must commence the process within 14 days of the interruption. Two provisions support that deadline: the board may obtain emergency financing without a member vote where reserves are insufficient, and reduced quorum rules apply if the board cannot achieve a quorum inside the 14-day window.

The election change that reaches every association

Section 5103 governs election by acclamation — the process by which an association with no more candidates than seats may seat directors without balloting. Since 2022 it has been available to all associations, and it is now routine.

AB 1892 compresses its notice timeline substantially. The initial notice drops from at least 90 days before the nomination deadline to at least 30 days. The reminder notice changes from a window of between 7 and 30 days before the nomination deadline to not less than 10 days.

Section 5105 makes a narrower change: the 30-day pre-election notice obligation for electronic voting now runs to each member who is electronically voting, rather than to all members.

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What it changes for boards and managers

The acclamation change is the one to calendar first. Compressing a 90-day initial notice to 30 days does not merely shorten the process — it changes when the process must begin relative to the annual meeting. An association running a 2027 election from a template built on the 90-day rule will issue its first notice far earlier than required. That is not itself unlawful, but it means the nomination deadline, the reminder notice and the acclamation determination all sit at the wrong points in the calendar.

A shorter runway cuts both ways. Ninety days gave members a long window to consider standing for the board. Thirty days does not. Associations that have relied on the long notice period to surface candidates should expect fewer of them, and should consider whether the reduction in statutory notice is a reason to keep some outreach that the statute no longer compels.

The reminder notice floor replaced a window. “Between 7 and 30 days” had an outer bound as well as an inner one; “not less than 10 days” has only a floor. An association may now send the reminder earlier than 30 days out without falling outside the provision.

The 14-day utility clock requires a decision, not a repair. The statute requires the board to commence the process within 14 days. It does not require the repair to be complete. What a board needs is a documented start — the vendor engaged, the scope authorized, the emergency financing resolution adopted — inside the window.

Emergency financing without a member vote is a real grant of authority, and a bounded one. It is available where reserves are insufficient to address the interruption. It is not a general borrowing power. A resolution that records the reserve shortfall carries the finding that supports the authority.

Why the section 4775 wording matters

The prior language covered an interruption beginning in the common area and extending into “another area.” Associations and owners have argued for years about whether that reached a separate interest — the unit itself — or only other common area.

The amendment names both the separate interest and the exclusive use common area. A water intrusion or a sewer backup that begins in a common area line and manifests inside a unit is now expressly the association's repair responsibility for the interruption in service, whatever the governing documents say about the boundary.

This does not rewrite the general allocation of maintenance duty under section 4775, and it does not make the association responsible for an owner's interior finishes as a matter of course. It resolves one recurring question: where the interruption begins decides who must act.

What to watch next

The operative date is January 1, 2027. Before then, two documents need attention: the association's election rules, which frequently restate the 90-day and 7-to-30-day periods verbatim and will be wrong on their face, and the maintenance matrix, which should reflect the interruption-in-service rule.

Election rules are adopted as operating rules under Civil Code section 4360 and require a 28-day member comment period before adoption. An association intending to have conforming rules in place for a spring 2027 election needs to start that process in the fall.

Related California HOA Topics

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  1. AB 1892, California Legislature — bill status and history (approved by the Governor August 31, 2026; Chapter 169, Statutes of 2026)
  2. AB 1892, California Legislature — chaptered text and Legislative Counsel's Digest (amending Civil Code §§ 4775, 5103, 5105)
  3. CAI-CLAC, Legislative Session Hot Bills — California Legislative Action Committee (position: support; signed August 31, 2026)

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