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.

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View more info on SB 908
from the California Legislature's website

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.