SB-1095 (Becker) Cozy Homes Cleanup Act: building standards: gas-fuel-burning appliances.

Would make any provision of the governing documents or architectural guidelines that prevents the replacement of a fuel-gas-burning appliance with an electric appliance void and unenforceable.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law makes void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of low water-using plants, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water.
This bill would add Civil Code Section 4737 make void and unenforceable any provision of the governing documents or architectural guidelines or policies to the extent that the provision prevents the replacement of a fuel-gas-burning appliance with an electric appliance.
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Related Topics

Related Statutes

Related Case Law

  • Rancho Sante Fe Association v. Dolan-King
    (2004) 115 Cal.App.4th 28

    [Architectural Control; Architectural Standards] A HOA’s architectural standards could be used to define undefined architectural restrictions/terms contained in the CC&Rs.

  • Bear Creek Planning Committee v. Ferwerda
    (2011) 193 Cal.App.4th 1178

    [Architectural Control; Architectural Standards] A HOA had the authority to adopt architectural standards beyond those set forth in the CC&Rs based upon empowering language in the CC&Rs governing the same.

  • Ekstrom v. Marquesa at Monarch Beach Homeowners Association
    (2008) 168 Cal.App.4th 1111

    [Architectural Control; Board Powers] An association’s board of directors may not adopt rules that are in conflict with the CC&Rs.

  • Cohen v. Kite Hill Community Association
    (1983) 142 Cal.App.3d 642

    [Architectural Control; Duty to Act in Good Faith] When exercising its architectural control authority, an association owes a fiduciary duty to its members to act in good faith, and to not make decisions that are arbitrary or capricious.

  • Dolan-King v. Rancho Sante Fe Association
    (2000) 81 Cal.App.4th 965

    [Architectural Control; Judicial Deference] An association may grant discretionary authority to an Architectural Committee to apply subjective, aesthetic criteria for approving member applications for proposed architectural improvements.