AB 2439 California Assembly · 2025-2026 Regular Session

Common Interest Developments: governing documents: assessments.

Summary
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law limits the authority of the governing documents, as defined, to regulate the use of a member's separate interest. This bill would prohibit the governing documents from imposing restrictions on a member's use of public streets, except as specified. Existing law requires that a common interest development be managed by an association and requires that the association levy assessments to fulfill its obligations. Existing law provides that assessments of the association, late charges, reasonable costs of collection, attorney's fees, and interest, as specified, are a debt of a member at the time the assessment or other sums are levied. Existing law requires that an association provide a member making a payment a receipt, upon request, that indicates the date of payment and the person who received it and to provide a mailing address for overnight payment of assessments in the annual statement. This bill would require the association to notify the members through individual notice by either electronic delivery or first-class mail, evidenced by a certificate of mailing, as specified, if the person or entity authorized to receive payment of assessments on behalf of the association changes, within 60 days of the change. The bill would require the association, if a member fails to make the next 2 consecutive assessment payments following the individual notice, to send a notice by certified mail with return receipt requested to that member, except as specified. The bill would require the association to maintain records confirming that individual notices were distributed. Existing law provides that assessments, including the costs of collection, late charges, and interest, are a lien on the member's separate interest when the association records a notice of delinquent assessment and follows a specified process, including providing the owner of record a specified notice, at least 30 days prior to recording a lien upon the separate interest. Existing law requires that an association that fails to comply with these procedures recommence the required notice process, prior to recording a lien, and bear the cost of recommencing the notice process. The bill would make the association liable to the member for specified fees if the association fails to comply with these procedures. If the association fails to comply with these procedures, as specified, and the failure is the 3rd failure within a 5-year period, the bill would make the board liable to the member for a civil penalty of $1,000 and would require it to notify members by general notice of its failure to comply.
Bill status passed both 4 of 5 stages cleared
Introduction
Feb 2026
Committee Review
May 2026
Assembly Passage
May 2026
Senate Passage
Aug 2026
Governor
Introduced Feb 20, 2026 Last action Aug 28, 2026
Maddy AI version diff · 5 comparisons

What changed between versions

06/18/26 - Amended Senate 06/29/26 - Amended Senate · 4 edits · Jun 29, 2026
MODERATE
The June 29 amendment to AB 2439 makes three substantive changes: it relaxes the notification method for assessment payment recipient changes from certified mail to electronic delivery or first-class mail, adds an exemption from sending a second notice if a member affirmatively responds to the first, and significantly narrows the $1,000 civil penalty so it only applies on the third compliance failure within five years rather than on any single failure.
Scope change
The bill's scope is slightly broadened to include 'streets' alongside 'roads' in the prohibition on HOA restrictions, and the enforcement mechanism is narrowed so that the civil penalty only triggers after repeated (third) failures within five years rather than on a single instance.
REQUIREMENT

Section 5655(d) changes the notification method when the person authorized to receive assessment payments changes. The old version required certified mail with return receipt requested. The new version allows individual notice by either electronic delivery (for members who opted in) or first-class mail evidenced by a certificate of mailing (for others).

ELIGIBILITY

A new Section 5655(e)(2) creates an exemption: if the association sent the initial individual notice and the member affirmatively responded to it, the association is not required to send a second certified mail notice even if the member then fails to pay two consecutive assessments.

ENFORCEMENT

Section 5690(b) changes who is liable for reconveyance fees and costs from the board to the association. The $1,000 civil penalty is moved to a new subsection (c) and now only applies if the failure is the third within a five-year period, rather than on any single failure. If the penalty is triggered, the association must also notify members by general notice of the board's noncompliance.

SCOPE

Section 4755 expands the prohibition on governing document restrictions from 'public roads' to 'public roads, streets,' broadening the types of public thoroughfares covered.

Floor votes · Senate Aug 27, 2026 · Assembly May 4, 2026

How they voted

325
Passed · 3 other
Total votes 40
Aug 27, 2026
D Democratic30
30 Yea
100% Yea
R Republican10
2 Yea 5 Nay 3
50% Nay
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
21
Key actions
9
Committee
6
Amendments
8
Aug 28, 2026
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0.).
lower
Aug 27, 2026
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 27, 2026
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 5.).
upper
Aug 21, 2026
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jun 29, 2026
Upper · Passed
Read second time and amended. Ordered to third reading.
upper
Jun 25, 2026
Introduced
From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (June 23).
upper
Jun 18, 2026
Upper · Passed
Read second time and amended. Re-referred to Com. on JUD.
upper
Jun 17, 2026
Introduced
From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (June 16).
upper
May 13, 2026
Committee
Referred to Coms. on HOUSING and JUD.
upper
May 4, 2026
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 4912.)
lower
Apr 28, 2026
Lower · Passed
From committee: Do pass. (Ayes 12. Noes 0.) (April 28).
lower
Apr 23, 2026
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 12. Noes 0.) (April 22). Re-referred to Com. on JUD.
lower
Mar 23, 2026
Committee
Re-referred to Com. on H. & C.D.
lower
Mar 19, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
lower
Mar 19, 2026
Committee
Referred to Coms. on H. & C.D. and JUD.
lower
Feb 21, 2026
Lower · Passed
From printer. May be heard in committee March 23.
lower
1 primary · 3 co-sponsors

Sponsors