Common interest developments: cooling systems

The law protects residents in common interest developments from HOA restrictions on air conditioning and other cooling equipment, while preserving code and permit requirements.

What the law does ​

• Voids HOA governing-document, architectural-guideline, deed, contract, and property-interest restrictions that prohibit or restrict compliant cooling systems.
• Bars associations from charging cooling-system fees, mandating a particular system, contractor, or product, claiming related rebates or commissions, or requiring removal of a system.
• Allows an association to deny a cooling system only when it would violate law or a required permit has not been granted.
• Lets associations require owners to repair cooling-system damage to common areas or other homes, use licensed contractors for permit-required work, and disclose the system and related duties to buyers.
• Makes a willfully noncompliant association liable for actual damages, a civil penalty of up to $2,000, and, for a prevailing member, reasonable attorney’s fees and court costs.

Who it affects ​

• Members and prospective buyers in common interest developments.
• Homeowners associations and their boards or managers.
• Cooling-system installers and licensed contractors.