California SB 625: HOA Disaster Rebuild and Review Deadlines

Quick Answer

SB 625 (Chapter 548, Statutes of 2025) added Civil Code sections 4752 and 4766 to the Davis-Stirling Act. Section 4752 makes governing-document provisions void to the extent they prohibit a "substantially similar reconstruction" of a home destroyed or damaged in a declared disaster. Section 4766 sets 30-day and 45-day clocks for an association or architectural committee reviewing a rebuild application. The Governor approved the bill on October 10, 2025, and our reading is that it took effect January 1, 2026.

At a Glance

What the Law Says

Section 4752: unenforceable restrictions

Section 4752(a) provides that any covenant, restriction or condition in any deed, contract, security instrument or other instrument, and any provision of a governing document, "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."

A "disaster" means any of the following:

• A state of disaster or emergency declared by the federal government.
• A state of emergency proclaimed by the Governor under Government Code section 8625.
• A local emergency proclaimed by a local governing body or official under Government Code section 8630.

A "substantially similar reconstruction" is a proposal on a separate interest in a common interest development that meets all of these tests:

• It complies with the local building code (a proposal is treated as compliant if the local agency deems the building permit approved).
• Interior livable square footage does not exceed 110 percent of what existed when the structure was damaged or destroyed.
• The exterior footprint is either in the same location with the same exterior dimensions, or has setbacks of at least four feet from the side and rear lot lines.
• Height does not exceed 110 percent of the prior height, or 100 percent of the height the governing documents allow when the proposal is submitted, whichever is greater.
• It meets any objective design standard in effect when the original structure was destroyed or damaged, provided the standard does not "unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise rebuild" a substantially similar structure.

An "objective design standard" is one that "involves no personal or subjective judgment and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the applicant and the association before submittal."

Section 4766: review procedure and clocks

If a governing document subjects a substantially similar reconstruction to review by a "body" (defined as "an association, architectural review committee, or similar body"), the application must be processed under section 4766.

• Within 30 calendar days of receiving an application, the body must determine whether it is complete and give written notice. If it is incomplete, the notice must list the missing items and how to fix them.
• If the body misses the 30-day deadline, the application "shall be deemed to be complete."
• Once complete, the body has 45 calendar days to either approve it or return a full set of written comments with a comprehensive request for revisions, measured against standards in effect when the application was first submitted.
• An incomplete or noncompliant determination must come with an appeal process under section 4765, and the body must issue a final written determination within 60 calendar days after it receives the written appeal.
• After approval, the body "shall not subject the applicant to any appeals or additional hearings," though this does not excuse noncompliance with the approved plans.

What This Means in Practice

For boards and architectural committees

The practical change is the calendar. A committee that meets monthly cannot comfortably work inside 30 and 45 day windows, so the review path for disaster rebuilds needs to be set up before an emergency. Our reading is that boards should also check whether their design guidelines are "objective" in the statute's sense, because a subjective standard may not be usable against a qualifying rebuild.

For owners

An owner rebuilding after a declared disaster can point to the 110 percent limits and the review deadlines. The statute defines a safe harbor for what counts as substantially similar; a proposal outside those limits is not covered by section 4752 (our reading), though other law or the governing documents may still apply.

Open questions

• The statute does not say how a condominium building with several owners is treated when only some units are damaged. Ask counsel.
• It does not define how long after a disaster declaration a rebuild application remains covered. The text we read states no end date.
• Section 4766(b)(3) deems an application complete when the body is late, but the text does not say what happens to a late 45-day decision. Our reading is that this is unsettled; confirm with counsel.

Timeline

Related California Law

• California HOA laws effective 2026: SB 410, SB 770, SB 625
• California SB 547: wildfire insurance protection for HOAs
• Eng v. Opperman: board architectural decisions and judicial deference
• California Davis-Stirling Act guide

Where We Stand

Our position: we support this law with a caveat. Owners who lost a home should not wait on an architectural process, and fixed deadlines are something a management company can work with. The caveat is capacity: volunteer committees need a ready procedure, a designated reviewer and a log of received dates, or the deemed-complete rule will decide applications for them. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

Board Checklist

• Adopt or update an architectural review procedure for disaster rebuilds that fits the 30-day and 45-day clocks.
• Name who receives applications and log the date of receipt in writing.
• Review design guidelines and flag any standard that depends on personal judgment rather than a measurable benchmark.
• Prepare an incomplete-application notice template that lists missing items and how to cure them.
• Set up the appeal path under section 4765 with a 60-day written decision target.
• Keep pre-disaster records of each unit's square footage, footprint and height.
• Ask counsel how the statute applies to multi-owner condominium buildings.

Frequently Asked Questions

Does SB 625 apply to every rebuild in an HOA?

No. It applies to a residential structure destroyed or damaged in a declared disaster, and the rebuild must meet the "substantially similar" tests in section 4752.

How much larger can a rebuilt home be?

Interior livable square footage may not exceed 110 percent of the prior square footage, and height may not exceed 110 percent of the prior height or 100 percent of the height the governing documents allow, whichever is greater.

What happens if the architectural committee is late?

If the body does not decide within 30 calendar days whether the application is complete, section 4766(b)(3) deems it complete. The text does not state a similar consequence for a late 45-day decision.

Can the association still enforce its design standards?

Only objective design standards in effect when the structure was destroyed, and only if they do not unreasonably increase cost or effectively prohibit rebuilding.

Who pays attorney fees in a dispute?

The statute says a court "shall award reasonable attorney's fees" to a prevailing owner under section 4752 and a prevailing applicant under section 4766.

Does the law also change city permitting?

Yes. SB 625 also added Government Code section 65914.200 et seq., which creates an optional streamlined local approval process for certain rebuilds after the 2025 Los Angeles wildfires. That is separate from the Davis-Stirling sections discussed here.

Where This Comes From

We read the chaptered text of SB 625 (Chapter 548, Statutes of 2025), including the Legislative Counsel's Digest and the text of Civil Code sections 4752 and 4766. Official bill page: California Legislative Information, SB 625.

How APM Helps

Association Property Managers manages HOA and condominium communities in the San Francisco Bay Area from our Dublin office. See our California service area, browse every California state-law guide, or request a free proposal. Laws and documents differ by community, and we review your CC&Rs and bylaws when we build your proposal.

Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed California attorney before acting.