Plain English Breakdown
The official summary mentions 'specified exceptions' to the ban on association restrictions but does not define what those exceptions are.
AB-1684: Cooling Systems in Common Interest Developments
This law makes rules that ban or limit cooling systems void if the system follows state and local building codes.
What This Bill Does
- Makes provisions in governing documents, architectural guidelines, or policies void if they prohibit or restrict installing, upgrading, replacing, or using a compliant cooling system.
- Makes covenants, restrictions, or conditions in deeds that effectively ban or limit cooling systems void and unenforceable.
- Makes it unlawful for an association to stop a member from installing, upgrading, replacing, or using a cooling system in their separate interest, subject to specified exceptions.
- Holds associations liable for actual damages if they willfully violate these rules.
- Allows members to recover civil penalties up to $2,000 per violation and reasonable attorney's fees and court costs.
Who It Names or Affects
- Members of common interest developments governed by the Davis-Stirling Common Interest Development Act.
- Associations that manage these communities.
Terms To Know
- Common Interest Development
- A housing community like a condominium or cooperative managed by an association under the Davis-Stirling Act.
- Separate Interest
- The specific home, unit, or space that a member owns within the development.
- Cooling System
- A device such as an air conditioner, heat pump, swamp cooler, or fan system that creates cooling and meets health and safety standards.
Limits and Unknowns
- The law only applies if the cooling system complies with all applicable state and local building codes.
- There are specified exceptions to these rules, but the summary does not list what those specific exceptions are.
- This bill applies under the Davis-Stirling Act; existing laws already cover mobilehome parks.