Quick Answer
AB 1684 (Ward) was signed on September 30, 2026 and adds Civil Code section 4738 to the Davis-Stirling Act. Effective January 1, 2027, an HOA generally cannot prohibit or restrict an owner from installing, upgrading, replacing, or using a cooling system inside their separate interest, and CC&R or guideline provisions that do so are void and unenforceable. Willful violations expose the association to actual damages, a civil penalty of up to $2,000, and the owner's attorney's fees.
What Counts as a "Cooling System"
The definition is deliberately broad. It includes portable and window air conditioners, swamp coolers and other evaporative coolers, cooling fan systems, heat pumps, and any other technology that reasonably creates an internal cooling benefit. The system must still meet applicable building, health, and safety requirements.
What Associations Can No Longer Do
- Ban or restrict cooling systems in an owner's unit, including rules against street-visible window units or maximum-decibel limits that effectively block installation.
- Charge a fee for installing, upgrading, replacing, or using a cooling system.
- Require a specific system, type, contractor, or product.
- Claim a rebate, credit, or commission tied to an owner's installation.
- Require removal of a cooling system or block its replacement or upgrade.
What Associations Can Still Do
- Enforce the law. The limits do not apply if the installation would violate federal, state, or local law, or if a required permit is not granted.
- Require repairs. The owner (and successors) can be made responsible for damage to common area, exclusive use common area, or another owner's unit caused by installation, operation, maintenance, or removal.
- Require a licensed contractor for systems that need a building permit. Portable units, window units, and evaporative coolers that need no permit are excluded from this.
- Require disclosure of the system and related maintenance and repair responsibilities to prospective buyers.
Why Associations Should Act Before 2027
The bill passed with no recorded opposing votes, and the Community Associations Institute's California legislative committee opposed it over older buildings with limited electrical capacity. The law does not say who pays if one owner's request overloads shared electrical infrastructure, so boards should plan for that scenario now rather than during a dispute.
Board Checklist
- Search CC&Rs, rules, and architectural guidelines for AC, window unit, noise, and appearance language, and stop enforcing anything that conflicts.
- Replace fee schedules and contractor mandates for cooling systems with a short notification and damage-responsibility form.
- Ask an electrician to assess shared panels and circuits in older buildings.
- Update your architectural review process and train committee members and your manager on the new limits.
How This Fits California Case Law
Under Civil Code section 5975, CC&R restrictions have long been enforceable unless unreasonable, and courts presume them reasonable. AB 1684 is the Legislature overriding that presumption for one category, as it did earlier for EV chargers, ADUs, and antennas. Read our guide to the key California HOA cases to see how courts treated rules like this before the statute.
Related: SB 222 on heat pumps and electric appliances and the 2027 California HOA laws overview.
APM manages community associations throughout the Bay Area. See our California board and homeowner resources, the California communities we serve, or contact APM to talk through how these changes affect your association.
Legal disclaimer: This article is general information, not legal advice. It is based on the legislative analysis and public reports of the bill; the chaptered text may differ in details. Confirm with a licensed California attorney before acting.
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