Common interest developments: cooling systems.

Section 4738(a) was narrowed: the list of instruments whose cooling-system restrictions are void and unenforceable changed from 'governing documents, documents or architectural guidelines, or policies' to just 'governing documents or architectural guidelines.' This means an association could potentially still enforce cooling system restrictions through standalone policies that are not part of the governing documents or architectural guidelines.

Section 4738(a) now covers 'governing documents, documents or architectural guidelines, or policies guidelines' instead of just 'governing documents, architectural guidelines, or policies.' This expands the range of association documents that cannot restrict cooling systems by adding standalone 'documents' and 'guidelines' as separately covered categories.

Section 4738(e) removes the erroneous phrase 'to be area' from the text about common area damage responsibility. The provision now correctly reads that an association can require a member whose cooling system affects the common area or exclusive use common area, or any successor to that member's separate interest, to be responsible for repair of damage.

The new section was renumbered from Civil Code Section 4737 to Section 4738, likely to avoid a numbering conflict with another bill.

A new definition was added clarifying that 'permit' includes any electrical, building, or other permit required by law for work associated with the cooling system. This broadens the scope of the permit-based exception that allows associations to restrict cooling systems.

Subsection (e) was substantially expanded. Previously it only allowed associations to require a member to be responsible for repair of damage to common areas or other members' separate interests. The revised version now also allows associations to require: (1) the member or any successor to the separate interest to engage a licensed contractor to install, maintain, and repair the cooling system, with an exception for portable AC units, window AC units, evaporative coolers, or any other cooling system that does not require a local building permit; and (2) disclosure to prospective buyers of the existence of the cooling system and related owner responsibilities.

The association's repair responsibility provision now explicitly extends to 'any successor to that member's separate interest,' meaning the obligation follows the property when it is sold or transferred, not just the original installer.

A cooling system is now only protected if it complies with all applicable state and local building codes. Previously, the bill protected any cooling system that met health and safety standards without an explicit building code compliance requirement.

A new subsection (e) clarifies that nothing in the bill limits an association's ability to require a member to be responsible for repairing damage to common areas, exclusive use common areas, or another member's separate interest caused by the installation, operation, maintenance, or removal of a cooling system.

A new subsection (f)(2) provides that a member who prevails in a civil action to enforce their rights under this section is entitled to reasonable attorney's fees and court costs. The introduced version only provided for actual damages and a civil penalty up to $2,000.

The bill was renumbered from adding Section 4737 to adding Section 4738 of the Civil Code, likely to avoid a numbering conflict with another pending bill.