All posts by Steve Tinnelly

AB-956 (Quirk-Silva) Accessory dwelling units and junior accessory dwelling units.

Would allow the construction of accessory dwelling units and junior accessory dwelling in all types of common interest developments, not just planned developments.

Current Status: Pending

FindHOALaw Quick Summary:

The Davis-Stirling Common Interest Development Act makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use.

This bill would amend Civil Code Section 4751 to expand the provision that makes void and unenforceable any covenant, restriction, or condition contained in any instrument affecting the transfer or sale of any interest in a planned development to include any covenant, restriction, or condition contained in an instrument affecting the transfer or sale of any interest in a common interest development.

The bill would also revise the provision governing prohibitions or restrictions on the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use to instead apply to the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned to allow single-family residential use.

**AB-956 was amended on August 12, 2026 to limit the provisions to planned developments:

4751. (a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest planned development, and any provision of a governing document, that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned to allow single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code, is void and unenforceable.

View more info on SB 956
from the California Legislature's website

Related Links

California Legislature Further Limits a HOA’s Right to Restrict Rentals - Published on HOA Lawyer Blog (September 2020) Request for Installation of Accessory Dwelling Units - Published on HOA Lawyer Blog (March 2021) SB 9 Signed! Statewide Re-zoning of Single-Family Neighborhoods & Urban Parcel Splits - Published on HOA Lawyer Blog (September 2021)

SB-908 (Wiener) Residential windows: retrofitting: residential window replacement projects: California Building Code compliance.

Would prohibit the governing documents from limiting or prohibiting a homeowner from completing a residential window replacement project.

Current Status: Pending

FindHOALaw Quick Summary:

The Davis-Stirling Act places various limits and prohibitions on the governing documents relative to an owner’s separate interest within those developments.

This bill would add Civil Code Section 4754 to prohibit the governing documents from limiting or prohibiting the owner of a separate interest within a common interest development from completing a residential window replacement project or from imposing any requirements on California Energy Code-compliant windows in a housing development project.

This bill would declare void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, other instrument affecting the transfer or sale of any interest in a common interest development, or provision of a governing document that effectively prohibits or restricts the owner of a separate interest from completing a residential window replacement project or impose any requirements on California Energy Code-compliant windows.
The bill’s provisions would not apply to certain provisions that impose reasonable installation restrictions on a residential window replacement project that do not significantly increase the cost of a residential window replacement project or significantly decrease the energy efficiency of a residential window replacement project, except as specified.
This bill would prohibit an association from subjecting a residential window replacement project to design review or any other form of approval if the association’s governing documents do not place reasonable restrictions on a residential window replacement project.
This bill, for specified residential window replacement projects that propose the replacement of windows, would require an association to impose certain conditions on the project, including a requirement that the owner obtain approval from the association. The bill would require an association to approve a project if the owner agrees to certain requirements in writing, including that the owner comply with the association’s governing documents, engage a licensed contractor for the installation, obtain any required local or state permits required for the project, and pay for the costs associated with the installation.
View more info on SB 908
from the California Legislature's website