2026 California HOA Legislative Update and Webinar

As 2026 begins, new California laws and important court rulings are reshaping how homeowners’ associations operate across the state. For HOA boards in San Diego, staying compliant with these changes is essential for risk management, governance, and long-term community stability. Associa N.N. Jaeschke is happy to provide an overview of the most significant updates affecting community associations this year:

Electric Vehicle Charging Stations (SB 770)
California continues to expand EV-friendly regulations, and SB 770 brings a major change for community associations. Homeowners installing EV charging stations are no longer required to provide a certificate of insurance naming the association as an additional insured. This shift increases liability exposure for HOAs and may impact insurance rates. Boards should review their EV charging policies and consult with their insurance provider to ensure proper coverage.

Exterior Elevated Elements (SB 410)
SB 410 expands inspection and disclosure rules for Exterior Elevated Elements (EEEs) such as balconies, decks, and walkways. Associations must now share EEE inspection reports with potential buyers and provide access for members upon request. The law clarifies that EEE requirements apply to buildings with three or more attached units and mandates specific disclosures on report cover pages. San Diego HOAs should update their disclosure procedures and securely maintain inspection records for at least two inspection cycles.

Disaster Reconstruction Rights (SB 625/AB 625)
These bills strengthen homeowner protections after wildfires, floods, or other disasters. Associations cannot enforce governing document provisions that substantially limit rebuilding a residence to its previous form. Homeowners enforcing these rights may recover attorney’s fees. The law also clarifies rules for Junior Accessory Dwelling Units (JADUs), including owner-occupancy requirements and minimum rental terms of 30 days.

Insurance Non-Renewal Moratorium (SB 547)
With California’s insurance market under pressure, SB 547 offers temporary relief. Following a declared wildfire emergency, there is now a one-year moratorium on insurance non-renewals for properties in affected ZIP codes. This protection applies to HOAs, multifamily buildings, and senior communities—an important consideration for associations across high-risk areas of San Diego County.

HOA Fine Limits and Enforcement Standards (AB 130)
AB 130 significantly changes violation enforcement. HOA fines are now capped at $100 per violation, and late fees or interest are prohibited. Associations must maintain an updated fine schedule, offer owners an opportunity to correct violations, and follow a structured enforcement process.

That includes written resolutions or Internal Dispute Resolution (IDR) when needed. Boards should review and update their enforcement policies to comply with the new law.

Junior Accessory Dwelling Units (AB 1154)
This bill provides additional clarity on JADUs, confirming that owner-occupancy is required only when the unit shares a bathroom with the primary home. It also reaffirms the minimum 30-day rental rule—important for HOAs monitoring short-term rental activity.

Key HOA Case Law Decisions from 2025

Court rulings made last year also offer guidance that directly affects community management:

• Woodbridge HOA v. Farmers Insurance Group: Clarified standards for “all-risk” insurance policies and insurer obligations when citing exclusions.
• Nabatmama v. Ross Morgan & Co.: Determined that HOA fines are not “debts” under the Fair Debt Collection Practices Act.
• Ridley v. Rancho Palma Grande HOA: Reinforced the board’s duty of good-faith investigation and decision-making.
• Woolard v. Regent Real Estate Services: Affirmed that associations are not required to intervene in neighbor-to-neighbor disputes unless governing document violations are involved.

What These Updates Mean for San Diego HOA Boards

The 2026 legislative landscape prioritizes transparency, fair enforcement, clear communication, and proactive risk management. For HOA boards in San Diego, this is an ideal time to:

• Review governing documents
• Update enforcement and disclosure policies
• Evaluate insurance coverage
• Confirm compliance with new state mandates
• Work closely with your management company and legal counsel to minimize risk

If your board needs help interpreting these changes or updating your policies, our San Diego HOA management team can guide you through each step with clarity and confidence.

Watch our webinar to learn more about these legislative updates from our expert panel of attorneys.