2026-09-09 · California · Compliance

A California law that voids association covenants standing in the way of rebuilding after a disaster, and puts hard deadlines on architectural review of the rebuild, has been in force since January 1, 2026 — and it has drawn far less attention than its effect warrants.

SB 625 was approved by the Governor on October 10, 2025 and chaptered as Chapter 548, Statutes of 2025. Authored by Senators Aisha Wahab and Kelly Richardson with nine coauthors, it is titled “Housing developments: disasters: reconstruction of destroyed or damaged structures.”¹

It adds Civil Code sections 4752 and 4766 and a new chapter to the Government Code at sections 65914.200 through 65914.203.

Covenants that block reconstruction are void

Section 4752(a) provides that a covenant or governing document provision “shall be void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure that was destroyed or damaged in a disaster.”²

Two phrases carry the weight. “Or includes conditions that have the effect of prohibiting” reaches provisions that do not say no but operate as a no. And “substantially similar” sets the benchmark at what was there before, not at what current architectural standards would require of new construction.

The 110 percent envelope

Section 4752(c)(3) defines “substantially similar reconstruction” with numbers rather than adjectives. The rebuild must comply with the local building code, and:

Interior livable square footage no more than 110 percent of pre-disaster. The exterior footprint either in the same location and dimensions or set back at least four feet from side and rear lot lines. Height no more than 110 percent of the prior height, or 100 percent of the height the governing documents allow, whichever is greater. Plus any objective design standard in effect when the structure was destroyed — provided it does not unreasonably increase cost or effectively prohibit the rebuild.

And the owner gets their fees

Section 4752(b): “A court shall award reasonable attorney's fees to the owner of a separate interest in a common interest development who prevails in an action.”

Shall, not may. It is a one-way fee provision running to the owner.

The two clocks

Section 4766 puts deadlines on the association's review of a rebuild application.

Under section 4766(b)(1), the reviewing body must determine whether the application is complete and give the applicant written notice of that determination no later than 30 calendar days after receiving it. Miss that, and the application “shall be deemed to be complete.”

Once complete, section 4766(c) gives the body 45 calendar days to approve in writing or return a full set of comments with a comprehensive request for revisions. On a resubmittal, section 4766(b)(2)(B) bars the body from demanding an item it did not identify as necessary the first time. An appeal gets a final written determination within 60 calendar days under section 4766(e)(2), and once an application is approved, section 4766(f) provides that the body “shall not subject the applicant to any appeals or additional hearings” except for noncompliance with what was approved.

“Body” is defined at section 4766(h)(1) as “an association, architectural review committee, or similar body” — so an association cannot route the application to a differently named committee and escape the clocks.

What counts as a disaster

Section 4752(c)(1) defines it broadly: a state of disaster or emergency declared by the federal government; a state of emergency proclaimed by the Governor; or a local emergency proclaimed by a local governing body or official.

That third limb is the widest. A county or city emergency proclamation — for a fire, a flood, a landslide, a storm — is enough to engage the section.

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• Architectural Review
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1. SB 625, California Legislature — bill status (approved by the Governor October 10, 2025; Chapter 548, Statutes of 2025) ↩
2. SB 625, California Legislature — chaptered text and Legislative Counsel's Digest (adding Civil Code §§ 4752, 4766 and Government Code §§ 65914.200–65914.203) ↩
3. Civil Code § 4752, California Legislative Information — operative text, including the § 4752(c)(3) 'substantially similar reconstruction' tests ↩
4. Civil Code § 4766, California Legislative Information — operative text of the 30-day completeness, deemed-complete, 45-day review and 60-day appeal provisions ↩
5. City of Malibu, Regulations, Policies & Guidelines for Rebuilding — Ordinance No. 524, the 110 percent allowance and the 50 percent footprint rule ↩
6. Los Angeles County, Building Plan Self-Certification Pilot Program — scope and exclusions ↩