Beginning January 1, 2025, amendments to the Davis-Stirling Common Interest Development Act update how California homeowners associations handle utility service interruptions, reserve planning, emergency assessments, and member elections. These changes clarify association responsibilities for critical infrastructure and introduce expanded options for conducting elections using electronic secret ballots.
For HOA boards, election inspectors, managing agents, and homeowners, these updates carry practical compliance implications. Associations that fail to align their governing policies and procedures with the 2025 changes risk delayed response to emergencies, procedural defects in elections, and potential enforcement exposure under the Davis-Stirling Act.
Summary of New and Updated Laws Impacting California HOAs
Below is a practical overview of the most significant 2025 California HOA law changes and what boards need to know to remain compliant.
Utility Service Repair and Maintenance Obligations
(SB 900 – Civil Code §4775)
SB 900 amends Civil Code §4775 and clarifies an association’s responsibility to restore interrupted gas, heat, water, or electrical services when the interruption begins in the common area.
Unless the declaration provides otherwise – and unless the failed utility service is required to be maintained, repaired, or replaced by a public, private, or other utility service provider – an association is responsible for repairs and replacements necessary to restore interrupted utility services, even if the repair work extends into a separate interest or exclusive use common area.
Key changes include:
- The board must commence the process to make required repairs or replacements within 14 days of the interruption of services.
- If reserve funds are insufficient, the association may obtain competitive financing without a member vote and levy an emergency assessment, provided the board adopts a written resolution with required findings.
- If the board is unable to meet quorum within the 14-day period, a limited reduced quorum applies at the next duly noticed board meeting solely to initiate repairs.
- Directors may vote by electronic means to initiate repairs or replacements, and records of that vote are deemed association records subject to inspection and retention requirements.
- The association is not required to comply with these repair obligations if a federal, state, or local disaster or emergency materially impacts the association’s ability to do so.
SB 900 also clarifies that temporary relocation costs during repairs remain the responsibility of the affected owner and that the statute does not impose personal liability on directors.
Who this affects:
HOA boards and property managers responsible for infrastructure, maintenance planning, and emergency response decisions.
Reserve Study Updates for Utility Components
(SB 900 – Civil Code §5550)
SB 900 amends Civil Code §5550 so that it expands the definition of “major components” for reserve study purposes to include gas, water, and electrical service, to the extent the association is responsible for their repair or replacement under Civil Code §4775.
As a result, associations must ensure that applicable utility systems are evaluated during required reserve studies and appropriately reflected in reserve funding plans.
Who this affects:
HOA boards and reserve study professionals.
Expanded Emergency Assessment Authority
(SB 900 – Civil Code §5610)
SB 900 amends Civil Code §5610 to broaden the definition of an “emergency situation” that allows an association to impose an emergency assessment beyond normal statutory limits.
An emergency now includes an extraordinary expense necessary to operate, repair, or maintain the common interest development where a threat to personal health or safety or another hazardous condition or circumstance is discovered. Boards must still adopt and distribute a resolution with written findings explaining the necessity of the expense.
Who this affects:
HOA boards responsible for budgeting, assessments, and emergency expenditures.
Electronic Secret Ballot Voting Rules
(AB 2159 – Civil Code §5105)
AB 2159 amends Civil Code §5105 to authorize associations, by election operating rule, to conduct eligible elections using electronic secret ballots.
- Associations may adopt rules permitting electronic secret ballot voting for eligible elections.
- Election rules must allow members to change their preferred voting method no later than 90 days before an election.
- Electronic voting systems must ensure secrecy, identity authentication, accuracy, and integrity of votes.
- A member’s electronic vote is effective once transmitted and may not be revoked.
- Members who vote electronically are counted for quorum purposes.
Election Notice and Election Material Handling
(AB 2159 – Civil Code §§ 5110, 5115, 5120)
AB 2159 also amends Civil Code §§ 5110, 5115, 5120, to clarify that:
- Individual notice requirements for electronic voting instructions.
- Procedures for elections using both written and electronic ballots.
- That tally sheets for electronic secret ballots are included in the definition of association election materials and must be retained and handled in accordance with statutory custody and inspection rules.
Who this affects:
HOA boards, election inspectors, managing agents, and members participating in HOA governance.
Final Thoughts
The California HOA law changes taking effect in 2025 reflect a continued shift toward clearer operational responsibilities and modernized governance practices. Boards should review and update their policies and procedures related to:
- Utility service interruptions and emergency repairs
- Reserve study scope and funding assumptions
- Emergency assessment authority
- Election rules, notices, and voting methods
These amendments provide important clarity regarding HOA duties and member rights, while also introducing new procedural requirements that boards must follow carefully to remain compliant.
Boards should consult legal counsel or qualified professionals when updating governing documents, election rules, or emergency response procedures to reflect these changes.
Footnotes & References
- California Legislative Information. Article 3. Maintenance [4775].
- California Legislative Information. Article 4. Member Election [5105]
- California Legislative Information. Article 4 Member Election [5110]
- California Legislative Information. Article 4 Member Election [5115]
- California Legislative Information. Article 4 Member Election [5120]
- California Legislative Information. Article 4 Member Election [5125]
- California Legislative Information. Article 5. Record Inspection [5200]
- California Legislative Information. Article 6. Recordkeeping [5260]
- California Legislative Information. Article 3. Reserve Planning [5550]
- California Legislative Information. Article 1. Establishment and Imposition of Assessments [5610]
- California Legislative Information. Senate Bill No. 900. SB-900 Common Interest Developments: Repair and Maintenance.
- California Legislative Information. Assembly Bill No. 2159 AB 2159 Maienschein. Common Interest Developments: Association Governance: Elections.
