AB1892 - Common interest developments: associations.

Enrolled August 21, 2026 Passed IN Senate August 17, 2026 Passed IN Assembly August 19, 2026 Amended IN Senate August 04, 2026 Amended IN Senate June 08, 2026 Amended IN Assembly April 29, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 1892 Introduced by Assembly Member Davies February 12, 2026 An act to amend Sections 4775, 5103, and 5105 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGEST AB 1892, Davies. Common interest developments: associations. Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments, and requires an association to manage a common interest development. Existing law makes an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified, unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, or otherwise provided in the declaration of a common interest development, as provided. This bill would, instead, make an association responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services when an interruption of service begins in the common area, under the above-described conditions. Existing law requires that elections regarding assessments legally requiring a vote, election and removal of directors, amendments to the governing documents, or the grant of exclusive use of common area be held by secret ballot in accordance with specified procedures that include requiring that an association adopt election operating rules, as provided. Existing law authorizes an association to adopt an election operating rule that allows an association to utilize an inspector or inspectors of elections to conduct an election by electronic secret ballot, as provided. If an association adopts this election operating rule, among other things, existing law requires the association to deliver a specified individual notice of the electronic secret ballot to each member 30 days before the election. This bill would, instead, require the association to deliver, no later than 30 days before the election, the individual notice to each member who is electronically voting. Notwithstanding the secret balloting requirement, existing law authorizes an association to consider qualified candidates to be considered elected by acclamation if the number of qualified candidates is not more than the number of vacancies to be elected and, among other things, the association provides individual notice of the election and procedure for nominating candidates, as specified, including providing a specified initial notice at least 90 days before the deadline for submitting nominations and a specified reminder notice between 7 and 30 days before the deadline for submitting nominations. This bill would, instead, require the association to provide the initial notice at least 30 days before the deadline and the reminder notice not less 10 days before the deadline. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 4775 of the Civil Code is amended to read: 4775. (a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area. (2) (A) Unless otherwise provided in the declaration of a common interest development, or unless the utility service that failed is required to be maintained, repaired, or replaced by a public, private, or other utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services when the interruption in service begins in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (B) This paragraph does not change any legal duty or obligation of a utility company or local government to repair or replace components pertaining to gas, heat, water, or electrical services. (3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest. (4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area. (b) (1) An association’s board shall commence the process to make the repairs necessary to restore gas, heat, water, or electrical services, as required by this section, within 14 days of the interruption of services. (2) If there are insufficient reserve funds available to cover the costs of repairs or replacements, as required by this section, an association may obtain competitive financing from a financial institution, in compliance with Section 5735, to pay for the costs of the repairs or replacements described in paragraph (1) without requiring a vote of the members and levy an emergency assessment to allow for the repayment of the loan. However, before obtaining that financing, the board shall pass a resolution containing written findings regarding the nature of the association’s expenses and how the association’s reserves do not cover the necessary costs. The resolution shall be distributed to the members with the notice of the emergency assessment and with notices otherwise required by law or governing documents pursuant to the board’s action, if any. (3) Notwithstanding any other section of law or the association’s governing documents, if an association’s board is unable to meet a quorum within 14 days, pursuant to this section, then at the next duly noticed board meeting following the 14th day, the requirements for a quorum shall be reduced so that the total number of directors at that board meeting shall constitute a quorum. This reduced quorum shall only apply for the vote to commence the process specified in paragraph (1). The notice shall contain a provision indicating the use of a reduced quorum. (4) Notwithstanding the requirements of Section 4910, if directors of an association are required to vote to initiate any repairs or replacements pursuant to this subdivision, voting may be performed by electronic means, including, but not limited to, email. All records of the vote shall be deemed association records and subject to the inspection and retention rules specified in Section 5210. (c) The costs of temporary relocation during the repair, replacement, or maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (d) Nothing in this section shall be construed to result in the personal liability of a director of an association. (e) This section shall not apply if the association is in an area affected by one or more of the following conditions, and such condition or conditions materially affect the association’s ability to perform its responsibilities pursuant to this section: (1) A state of disaster or emergency declared by the federal government. (2) A state of emergency proclaimed by the Governor pursuant to Section 8625 of the Government Code. (3) A local emergency proclaimed by a local governing body or official under Section 8630 of the Government Code. SEC. 2. Section 5103 of the Civil Code is amended to read: 5103. Notwithstanding the secret balloting requirement in Section 5100, or any contrary provision in the governing documents, when, as of the deadline for submitting nominations provided for in subdivision (a) of Section 5115, the number of qualified candidates is not more than the number of vacancies to be elected, as determined by the inspector or inspectors of the elections, the association may, but is not required to, consider the qualified candidates elected by acclamation if all of the following conditions have been met: (a) The association has held a regular election for the directors in the last three years. The three-year time period shall be calculated from the date ballots were due in the last full election to the start of voting for the proposed election. (b) The association provided individual notice of the election and the procedure for nominating candidates as follows: (1) Initial notice at least 30 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The initial notice shall include all of the following: (A) The number of board positions that will be filled at the election. (B) The deadline for submitting nominations. (C) The manner in which nominations can be submitted. (D) A statement informing members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. (2) A reminder notice not less than 10 days before the deadline for submitting nominations provided for in subdivision (a) of Section 5115. The reminder notice shall include all of the following: (A) The number of board positions that will be filled at the election. (B) The deadline for submitting nominations. (C) The manner in which nominations can be submitted. (D) A list of the names of all of the qualified candidates to fill the board positions as of the date of the reminder notice. (E) A statement reminding members that if, at the close of the time period for making nominations, there are the same number or fewer qualified candidates as there are board positions to be filled, then the board of directors may, after voting to do so, seat the qualified candidates by acclamation without balloting. This statement is not required if, at the time the reminder notice will be delivered, the number of qualified candidates already exceeds the number of board positions to be filled. (c) (1) The association provides, within seven business days of receiving a nomination, a written or electronic communication acknowledging the nomination to the member who submitted the nomination. (2) The association provides, within seven business days of receiving a nomination, a written or electronic communication to the nominee, indicating either of the following: (A) The nominee is a qualified candidate for the board of directors. (B) The nominee is not a qualified candidate for the board of directors, the basis for the disqualification, and the procedure, which shall comply with Article 2 (commencing with Section 5900) of Chapter 10, by which the nominee may appeal the disqualification. (3) The association may combine the written or electronic communication described in paragraphs (1) and (2) into a single written or electronic communication if the nominee and the nominator are the same person. (d) (1) The association permits all candidates to run if nominated, except for nominees disqualified for running as allowed or required pursuant to subdivisions (b) to (e), inclusive, of Section 5105. (2) If an association disqualifies a nominee pursuant to this subdivision, an association in its election rules shall also require a director to comply with the same requirements. (e) The association board votes to consider the qualified candidates elected by acclamation at a meeting pursuant to Article 2 (commencing with Section 4900) for which the agenda item reflects the name of each qualified candidate that will be seated by acclamation if the item is approved. SEC. 3. Section 5105 of the Civil Code is amended to read: 5105. (a) An association shall adopt operating rules in accordance with the procedures prescribed by Article 5 (commencing with Section 4340) of Chapter 3, that do all of the following: (1) Ensure that if any candidate or member advocating a point of view is provided access to association media, newsletters, or internet websites during a campaign, for purposes that are reasonably related to that election, equal access shall be provided to all candidates and members advocating a point of view, including those not endorsed by the board, for purposes that are reasonably related to the election. The association shall not edit or redact any content from these communications but may include a statement specifying that the candidate or member, and not the association, is responsible for that content. (2) Ensure access to the common area meeting space, if any exists, during a campaign, at no cost, to all candidates, including those who are not incumbents, and to all members advocating a point of view, including those not endorsed by the board, for purposes reasonably related to the election. (3) Specify the qualifications for candidates for the board and any other elected position, subject to subdivision (b), and procedures for the nomination of candidates, consistent with the governing documents. A nomination or election procedure shall not be deemed reasonable if it disallows any member from nominating themself for election to the board. (4) Specify the voting power of each membership, the authenticity, validity, and effect of proxies, and the voting period for elections, including the times at which polls will open and close, consistent with the governing documents. (5) Specify a method of selecting one or three independent third parties as inspector or inspectors of elections utilizing one of the following methods: (A) Appointment of the inspector or inspectors by the board. (B) Election of the inspector or inspectors by the members of the association. (C) Any other method for selecting the inspector or inspectors. (6) Allow the inspector or inspectors to appoint and oversee additional persons to verify signatures and to count and tabulate votes as the inspector or inspectors deem appropriate, provided that the persons are independent third parties who meet the requirements in subdivision (b) of Section 5110. (7) Require retention of, as association election materials, both a candidate registration list and a voter list. The candidate list shall include names and addresses of individuals nominated as a candidate for election to the board of directors. The voter list shall include the name, voting power, and either the physical address of the voter’s separate interest, the parcel number, or both. The mailing address for the ballot shall be listed on the voter list if it differs from the physical address of the voter’s separate interest or if only the parcel number is used. T [Text truncated for display. Full text available on Congress.gov.]