2026-09-09 · California · Legislation · Pending — not yet law

A bill that would limit a California homeowners association's liability for electric vehicle charging stations it does not own is awaiting the Governor's signature. SB 1267 is not law. It was enrolled and presented to Governor Gavin Newsom on August 30, 2026 at 6 p.m., after the Senate concurred in the Assembly's amendments 40–0 on August 25.¹

Authored by Senator Ben Allen and introduced on February 19, 2026, the bill amends Civil Code section 4745 — the statute that has required California associations to permit owner-installed charging stations since 2012.

It is one of the few common interest development bills this session that reduces association exposure rather than expanding association duties, and it drew no opposition on the floor of either house.

The liability shield

The central provision grants associations civil liability protection for charging stations they do not own, except for gross negligence.² An association that permits an owner to install equipment in a parking stall would not be answerable for that equipment on an ordinary negligence theory.

The word that does the work: "use"

Section 4745 already makes the installing owner responsible for costs associated with a charging station. The existing list reaches installation, maintenance, repair, removal and replacement. It does not reach use.

SB 1267 adds it. Owner responsibility would extend to damage resulting from the use of the station, covering damage to the charging station itself, the common area, the exclusive use common area, or separate interests. That single addition closes the gap between a properly installed charger and a fire or electrical event arising while it is operating.

The obligation would also run to successive owners, not only the owner who installed the equipment, and the installing owner must indemnify or reimburse the association or its members for loss or damage caused by the installation.

Insurance and the 60-day clock

An owner would have to maintain a liability coverage policy and deliver a certificate of insurance within 14 days of approval and annually thereafter. The bill mandates no specific dollar amount of coverage.

Owners who charge using an existing NEMA standard AC plug are exempt from the coverage requirement entirely — the exemption is aimed at ordinary outlet charging rather than installed equipment.

Applications would be deemed approved if not denied in writing within 60 days of receipt.

1. SB 1267, California Legislature — bill status and complete history (enrolled and presented to the Governor August 30, 2026) ↩
2. SB 1267, California Legislature — bill text and Legislative Counsel's Digest (amending Civil Code § 4745) ↩
3. 2026 Tentative Legislative Calendar, California State Senate (September 30 last day for the Governor to act) ↩
4. CAI-CLAC, Legislative Session Hot Bills — California Legislative Action Committee bill positions (support) ↩