Does AB 1684 allow HOAs to require licensed contractors for all cooling system installations?
Short answer
No, AB 1684 does not allow homeowners associations (HOAs) to require licensed contractors for every type of cooling system. The bill explicitly exempts simple devices that do not need a local building permit, such as portable air conditioners and window units. However, HOAs retain the right to require licensed professionals for installations that affect common areas or require official permits.
What the bill or law says
The proposed legislation adds Section 4738 to the California Civil Code. While it broadly prohibits HOAs from restricting compliant cooling systems, it includes specific exceptions regarding professional installation. According to the bill text, an association may require a member to engage a licensed contractor to install, maintain, and repair a cooling system if the work affects the common area or an exclusive use common area [sourceUrl].
Crucially, the bill limits this power. It states that the requirement to use a licensed contractor "shall not apply" when the installation, maintenance, or repair is for a portable air-conditioning unit, a window air-conditioning unit, an evaporative cooler, or any other cooling system that does not require a local building permit [sourceUrl]. This distinction ensures that homeowners can install simple, non-permitted devices without hiring expensive professionals.
How it works in practice
Under this framework, the need for a licensed contractor depends on the type of equipment and its impact on the property. If a homeowner installs a standard window unit that sits entirely within their private space and does not require a city permit, the HOA cannot force them to hire a licensed contractor. The homeowner can install it themselves or use a handyman.
Conversely, if a homeowner installs a central heat pump or a system that requires drilling into shared walls or modifying electrical lines in common areas, the HOA can enforce licensing requirements. In these cases, the association can mandate that a licensed contractor perform the work to ensure safety and protect community infrastructure. The HOA can also require permits where local law demands them, and if a permit is denied, the installation can be restricted [sourceUrl].
What the source does not answer
The bill text does not define the exact threshold for what constitutes "affecting the common area." For example, it is unclear whether a condenser unit placed on a limited common element patio would trigger the licensed contractor requirement if it does not require a permit. Additionally, the bill does not specify how HOAs should verify whether a specific device requires a local permit, leaving potential room for dispute between homeowners and boards over permitting requirements.