California SB 908: HOA Window Replacement Rules

What SB 908 Does

Effective January 1, 2027, new Civil Code section 4754 voids governing document provisions that effectively prohibit or restrict a residential window replacement project, or that impose requirements on windows that comply with the California Energy Code. A qualifying project replaces windows with the same size in the same location, with no other building changes beyond installation, in compliance with building codes.

What Associations Can Still Require

• Reasonable installation restrictions, as long as they do not raise project cost or reduce energy efficiency by more than 10 percent.
• Reasonable aesthetic restrictions only for windows that change a building's exterior appearance, and only in multifamily buildings of more than 20 units that are not townhomes. Together with installation rules, they cannot cross either 10 percent threshold.

Review Process

If governing documents contain no reasonable restrictions, the association cannot require design review at all. Where review applies, it follows the Civil Code section 4765 process; the association must approve compliant applications, respond in writing, and an application not decided within 45 days is deemed approved unless the delay stems from the applicant's missing information.

Windows in Common Area

For windows that are exclusive use common area or otherwise tied to a single home, approval is conditioned on the owner agreeing in writing to follow permitted standards, hire a licensed contractor, obtain permits, pay for the work, and accept ongoing maintenance, repair, and replacement responsibility, including disclosure to future buyers. Associations may record a notice of these responsibilities at their own expense.

Board Checklist

• Review your architectural guidelines for window rules that may now be void.
• Update your application forms and 45-day tracking process. See our architectural review guide.
• Consider a standard owner agreement for common-area windows.

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. Statutes and effective dates can change; confirm details with a licensed California attorney before acting.