New California law bans HOA bans on energy efficient windows starting 2027

A new California law taking effect in 2027 prohibits homeowners associations (HOAs) from completely banning the installation of energy efficient windows, according to ocregister.com. This change adds energy efficient windows as a protected use under the Davis-Stirling Common Interest Development Act, which limits unreasonable HOA restrictions on property modifications.

The law applies uniformly to all windows serving a residence, whether part of the home, exclusive use common areas, or shared common areas. HOAs can still impose aesthetic restrictions on energy efficient windows for buildings with more than 20 attached residences, but smaller HOAs and those with smaller buildings cannot prohibit windows that look different from others.

Reasonable HOA requirements are allowed if they do not increase installation costs by more than 10% or reduce energy efficiency by over 10%. Additionally, HOAs may require homeowners to maintain and repair the replaced windows permanently, but cannot charge for recording this agreement with the county.

One potential complication noted is for HOA buildings protected by Mills Act agreements, where owners agree not to alter historic building exteriors. The new law’s protections for energy efficient windows may conflict with these historic preservation agreements.