By Jacqueline Pagano, Esq. | Roseman Law, APC
California homeowners rebuilding after a wildfire or other declared disaster may now face fewer obstacles during the homeowners association architectural approval process.
Senate Bill 625 (“SB 625”) was enacted as part of California’s continuing effort to address housing availability and make it easier for homeowners to rebuild residences damaged or destroyed by disasters.
Effective January 1, 2026, SB 625 added two sections to the Davis-Stirling Act—Civil Code §§ 4752 and 4766—that affect architectural review of certain residential reconstruction projects following a disaster.
What Does Senate Bill 625 Do?
New Civil Code § 4752 generally makes a provision of an association’s governing documents void and unenforceable to the extent that it prohibits—or imposes conditions having the effect of prohibiting—a substantially similar reconstruction of a residential structure damaged or destroyed in a disaster.
For purposes of the law, a disaster generally means a federally, state, or locally declared state of disaster or emergency.
The goal is to allow qualifying homeowners to reconstruct their homes without unnecessary barriers while still permitting associations to enforce lawful and objective architectural standards.
When Does Civil Code Section 4752 Apply?
For a reconstructed residential structure to receive the protections provided by Civil Code § 4752, the project must satisfy specific requirements.
The rebuilt residence must:
- Comply with applicable local building codes;
- Be constructed in the same location as the damaged or destroyed structure;
- Maintain the same exterior dimensions as the prior structure;
- Meet applicable height and square-footage requirements based upon the prior structure and the association’s governing documents; and
- Comply with applicable objective design standards.
When these requirements are satisfied, the project may qualify as a substantially similar reconstruction under the new law.
SB 625 Creates a Streamlined HOA Architectural Review Process
If a proposed reconstruction satisfies the applicable requirements, the streamlined architectural review procedures established under Civil Code § 4766 apply.
These procedures establish timelines and requirements for the architectural review process and limit the scope of review to matters such as whether the application is complete and whether the proposed reconstruction complies with the association’s lawfully adopted standards in effect at the relevant time.
This represents an important change for planned developments with architectural control.
Why Objective Design Standards Are Now So Important
SB 625 highlights the importance of associations maintaining clearly written and lawfully adopted objective design standards.
Associations that rely primarily on subjective aesthetic requirements contained in their CC&Rs or architectural guidelines may have less control when reviewing qualifying reconstruction applications following a disaster.
If objective design standards were not in effect when a residence was damaged or destroyed, a proposed reconstruction may potentially qualify as substantially similar based upon factors such as permits, size, height, and location without the same consideration of subjective aesthetic impacts.
What Is an Objective Design Standard?
Under the new law, an objective design standard is a standard that does not depend upon personal or subjective judgment and can instead be uniformly verified by reference to an external, consistent benchmark or criterion known to both the applicant and the association before an application is submitted.
In practical terms, architectural standards should tell homeowners what is permitted using measurable criteria rather than relying solely on terms such as “attractive,” “harmonious,” or “compatible” without further objective guidance.
Associations Should Review Their Architectural Guidelines
Community associations with architectural control should review their current architectural guidelines and identify provisions that depend upon vague or subjective language.
Where appropriate, those provisions should be replaced or supplemented with objective and measurable standards.
Doing so can help an association comply with the new requirements governing disaster reconstruction while also strengthening architectural enforcement more generally. Vague architectural requirements can create uncertainty for homeowners and increase the likelihood of challenges to architectural decisions.
Objective Standards Also Matter for ADUs and JADUs
The importance of objective standards extends beyond reconstruction following a disaster.
California law has also sought to reduce subjective decision-making in connection with accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”).
The definition of “objective design standard” contained in Civil Code § 4752 mirrors language used in provisions of the Government Code regulating local agency review of ADUs and JADUs.
The California Department of Housing and Community Development has also taken the position in certain publications that restrictions on association approval of ADUs or JADUs that are not objective may violate state law.
Developing clear objective standards can therefore help associations address multiple areas in which California law increasingly limits subjective architectural review.
Preparing Your HOA Before a Disaster Occurs
No community wants to experience a wildfire or other disaster, but associations can take meaningful steps now to prepare for the possibility of future reconstruction.
For planned developments with architectural control, preparation should include reviewing existing architectural guidelines and establishing clear, objective, and legally compliant design standards before they are needed.
Effective guidelines can help homeowners rebuild more efficiently following a disaster while allowing associations to continue protecting the overall aesthetics and harmony of their communities within the limits of California law.
Key Takeaway for California HOAs
SB 625 changes how California community associations may review certain reconstruction projects following declared disasters.
Boards should not wait until homes have been damaged to evaluate their architectural standards. Reviewing and updating architectural guidelines now—particularly provisions that rely on subjective aesthetic judgments—can help associations prepare for future reconstruction applications and comply with the requirements of Civil Code §§ 4752 and 4766.
Republished from OC View with permission of CAI-Orange County.
