Assembly BillChaptered/SignedCivil
AB 1684: Common interest developments: cooling systems.
What AB 1684 does, verified October 2, 2026
This bill aims to regulate the use of cooling systems in common interest developments. The existing governing documents, architectural guidelines, or policies cannot prohibit or restrict the installation, upgrade, replacement, or use of a cooling system. Any covenant, restriction, or condition that effectively prohibits or restricts the use of a cooling system is void and unenforceable. An association cannot prohibit or restrict a member from installing, upgrading, replacing, or using a cooling system in their separate interest. If an association willfully violates these provisions, it can be liable to the member for actual damages and a civil penalty of up to $2,000.
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6ChapteredCurrent
Last action: Chaptered by Secretary of State - Chapter 887, Statutes of 2026. (2026-09-30)Alert me
Author and sponsors
Full contact details, staff, and committees with Connect, $16/moUnlockRecent actions25 total · showing 5
| Sep. 30, 2026 | Chaptered by Secretary of State - Chapter 887, Statutes of 2026. |
| Sep. 30, 2026 | Approved by the Governor. |
| Aug. 27, 2026 | Enrolled and presented to the Governor at 4 p.m. |
| Aug. 20, 2026 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6315.). |
| Aug. 19, 2026 | In Assembly. Concurrence in Senate amendments pending. |
Latest bill textChaptered version, September 30, 2026 · 1,058 words
Assembly Bill No. 1684
CHAPTER 887
An act to add Section 4738 to the Civil Code, relating to common interest developments.
[ Approved by Governor September 30, 2026. Filed with Secretary of State September 30, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1684, Ward. Common interest developments: cooling systems.
Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments, and requires a common interest development to be managed by an association, as specified. Existing law includes provisions that limit the authority of an association or the governing documents, as defined, to regulate the use of a member’s separate interest, as defined.
Existing law, the Mobilehome Residency Law, governs tenancies in mobilehome parks and includes provisions that are applicable to those who have an ownership interest in a subdivision, cooperative, or condominium for mobilehomes, or a resident-owned mobilehome park, as specified. Existing law makes any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome void and unenforceable. Existing law provides that a “cooling system” includes a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit, and meets applicable health and safety standards and requirements imposed by law.
This bill would, under the Davis-Stirling Common Interest Development Act, make any provision of the governing documents or architectural guidelines void and unenforceable if the provision prohibits or restricts the installation, upgrade, replacement, or use of a cooling system that complies with all applicable state and local building codes. The bill would also make any covenant, restriction, or condition contained in any, among other specified agreements, deed that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system, void and unenforceable. The bill would make it unlawful for an association to prohibit or restrict a member from installing, upgrading, replacing, or using a cooling system in the member’s separate interest, or to take other specified actions in connection with the installation, upgrade, replacement, or use of a cooling system, subject to specified exceptions.
This bill would make an association that willfully violates these provisions liable to the member for actual damages occasioned thereby, for a civil penalty paid to the member in an amount not to exceed $2,000, and reasonable attorney’s fees and court costs, as provided.
The people of the State of California do enact as follows:
SECTION 1.
Section 4738 is added to the Civil Code, to read:4738.
(a) Notwithstanding any other law, any provision of the governing documents or architectural guidelines shall be void and unenforceable if the provision prohibits or restricts the installation, upgrade, replacement, or use of a cooling system that complies with all applicable state and local building codes.(b) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of, or any interest in, real property, that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system is void and unenforceable.
(c) (1) Subject to paragraph (2), an association shall not prohibit or restrict a member from installing, upgrading, replacing, or using a cooling system in the member’s separate interest. The association shall not do any of the following:
(A) Charge any fee to a member in connection with the installation, upgrade, replacement, or use of a cooling system.
(B) Require a member to use a specific cooling system, type of cooling system, or cooling system contractor or product.
(C) Claim to receive any rebate, credit, or commission in connection with a member’s installation, upgrade, replacement, or use of a cooling system.
(D) Require a member to remove a cooling system or prevent the replacement or upgrade of an existing cooling system.
(2) Paragraph (1) shall not apply if the association establishes either of the following:
(A) The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law.
(B) (i) A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted.
(ii) For purposes of this section, “permit” shall include any electrical, building, or other permit required by law for work associated with the cooling system.
(d) For purposes of this section, “cooling system” may include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law.
(e) Nothing in this section shall be construed to limit or restrict the ability of an association to require a member whose installation, upgrade, replacement, or use of a cooling system affects the common area or an exclusive use common area, or any successor to that member’s separate interest, to do any of the following:
(1) Be responsible for the repair of any damage to the common area or an exclusive use common area, or to another member’s separate interest, that is caused by the installation, operation, maintenance, or removal of that cooling system.
(2) (A) Engage a licensed contractor to install, maintain, and repair the cooling system.
(B) This paragraph shall not apply when the installation, maintenance, or repair is for a portable air-conditioning unit, a window air-conditioning unit, an evaporative cooler, or any other cooling system that does not require a local building permit.
(3) Disclose to prospective buyers of the separate interest the existence of the cooling system and related responsibilities of the owner under this section.
(f) (1) An association that willfully violates this section shall be liable to the member for actual damages occasioned thereby, and shall pay a civil penalty to the member in an amount not to exceed two thousand dollars ($2,000).
(2) Notwithstanding any other law, a member who prevails in a civil action to enforce the member’s rights pursuant to this section shall be entitled to reasonable attorney’s fees and court costs.
Text of AB 1684 as chaptered, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions