Residential windows: retrofitting: residential window replacement projects: California Building Code compliance

The law makes it easier for homeowners to replace existing windows with compliant, energy-efficient windows while preserving narrow health, safety, and historic-resource protections.

What the law does ​

• Voids HOA rules that effectively prohibit or restrict qualifying window replacements or impose requirements on California Energy Code-compliant windows.
• Allows reasonable installation restrictions, and limited aesthetic restrictions for exterior-changing projects in multifamily buildings with more than 20 non-townhome units, only if they do not raise cost or reduce energy efficiency by more than 10 percent.
• Requires HOAs to approve compliant projects subject to permitted restrictions, with written decisions generally due within 45 days or the application is deemed approved.
• Requires cities and counties to administratively approve qualifying replacements of same-size windows in the same locations, without discretionary review or hearings.
• Limits denials and conditions to documented, specific public-health or safety impacts that cannot feasibly be mitigated.
• Exempts certain residential buildings designated as historic before the application, except locally listed buildings designated primarily because of age.

Who it affects ​

• Homeowners in common interest developments replacing windows serving their homes.
• Homeowners and landlords replacing windows in single-family and multifamily residential buildings.
• Homeowners associations, cities, counties, and city-and-county governments.

Context ​

Qualifying installations must comply with applicable California Building Standards Code requirements, including energy, fire, residential, building, and wildland-urban interface standards.

Breakdown ​

Window Replacement Rights in HOAs ​

The bill limits homeowners associations’ ability to block or burden residential window replacement projects in common interest developments. It invalidates governing-document rules that effectively prohibit these projects or impose improper requirements on California Energy Code-compliant windows, while allowing reasonable installation restrictions that do not significantly raise costs or reduce energy efficiency. It also sets approval rules and owner responsibilities for certain window replacement projects.

Key takeaways

• HOA rules, deed restrictions, and similar documents cannot effectively prohibit an owner from completing a residential window replacement project.
• HOAs cannot impose requirements on California Energy Code-compliant windows except as the bill allows.
• Reasonable installation restrictions may still apply if they do not significantly increase project costs or significantly reduce energy efficiency.
• An HOA cannot require design review or another approval process for a window replacement project when its governing documents contain no reasonable restrictions on those projects.
• For specified window replacement projects, an HOA must approve the project if the owner agrees in writing to meet required conditions, including using a licensed contractor, obtaining required permits, following governing documents, and paying installation costs.

Streamlined Approval for Window Replacements ​

The bill requires cities and counties to approve residential window replacement applications through an administrative process rather than discretionary review. Local governments generally may not require a hearing, deny these applications, or impose specified conditions on windows in housing development projects. These rules have limits, including for buildings individually listed on the California Register of Historical Resources before the application is filed.

Key takeaways

• Cities, counties, and combined city-county governments must administratively approve applications for residential window replacement projects.
• Local governments may not require discretionary review or a hearing for a residential window replacement project.
• Local governments generally may not deny an application for a residential window replacement project.
• A combined city-county government may not impose conditions on certain proposed windows in a housing development project, except as specified.
• The bill limits these requirements in certain situations, including when a residential building was individually designated on the California Register of Historical Resources before the application was submitted.
• The bill creates new duties for local governments and therefore establishes a state-mandated local program.

Severability ​

The bill states that its provisions are severable. This means that if a court finds one part of the bill invalid, the remaining parts can still stay in effect.

Key takeaways

• The bill makes its provisions severable.
• If one provision is found invalid, the rest of the bill can remain effective.
• A court ruling against one part of the bill does not automatically invalidate the entire bill.

Statewide Application ​

The bill declares that its proposed changes address a statewide concern, not a purely local municipal matter. As a result, the changes apply in every California city, including charter cities.

Key takeaways

• The bill makes findings that the proposed changes involve a statewide concern.
• The bill states that the changes are not solely a local municipal matter.
• The bill applies its changes to all California cities, including charter cities.

Special Rule for San Francisco ​

The bill declares that a special law is necessary for the City and County of San Francisco. This finding supports applying the bill’s provisions specifically to San Francisco rather than using a statewide rule.

Key takeaways

• The bill makes legislative findings that a special statute is necessary for the City and County of San Francisco.
• The finding supports treating San Francisco differently from other parts of the state for purposes of this bill.
• This part does not itself describe additional requirements for residential window projects.

No State Reimbursement ​

The bill states that local agencies and school districts do not have to be reimbursed for costs created by this act. It gives a specified reason for that conclusion under the state’s reimbursement rules.

Key takeaways

• The bill says the state is not required to reimburse local agencies or school districts for costs imposed by this act.
• California generally must reimburse certain state-mandated local costs, but the bill provides an exception here.
• The digest states that the lack of reimbursement is based on a specified reason.