- voids CC&R and other governing document provisions that require minimum rental terms of longer than 30 days, such as provisions that require minimum six month or one year leases;
- voids provisions that cap rentals at less than 25% of the homes, with accessory and junior accessory dwelling units exempt from higher caps;
- voids provisions that prohibit new owners from leasing;
- voids provisions that “unreasonably restrict” renting or leasing, which could include any provision that interferes with an owner’s ability to exercise those rights; and
- requires HOAs to amend their CC&Rs and other governing documents by December 31, 2021 to remove voided provisions or face damages claims and civil penalties of up to $1,000.
Governor Newsom recently signed Assembly Bill 3182. Like last year’s Senate Bill 323, this new law is a disaster for California’s HOAs. Effective January 1st, AB 3182:
As discussed in other blog posts, Senate Bill 323 ("SB 323") took effect on January 1, 2020. Prior to SB 323, a typical HOA board election would require 60-75 days to complete. SB 323 extends that timeline to at least 105 days - more like 120 in practice - and imposes complex new notice requirements on associations.
The following represents a prudent 130-day timeline for conducing SB 323 compliant board elections. This timeline is longer than that required by law, but its length ensures sufficient time for boards to understand SB 323's complex new requirements, select workable dates, retain a qualified inspector, and prepare SB 323's multiple new forms.
Assemblymember Phil Ting introduced Assembly Bill 3182 on February 21st. If chaptered in its current form*, AB 3182 would void all rental and lease restrictions contained in HOA governing documents, other than those which prohibit short-term rentals.
Update: Governor Newsom recently signed AB 3182. Please see this blog post for more about the version which will take effect on January 1st.
Effective January 1, 2020, Senate Bill 323 dramatically changed association election law, including the laws controlling election challenges, candidate and director qualifications, election rules, election timelines, pre-election notices, inspectors, association recordkeeping, and more.
Sponsored by an anti-HOA lobbying organization, SB 323’s purported goal was to increase the “regularity, fairness, formality, and transparency” of HOA elections. Unfortunately, SB 323 in practice imposed a costly, complex, and harmful set of new election requirements for little gain.
Election by acclamation is the process of declaring a slate of director-candidates elected when the number of candidates at the deadline for nomination is equal to or less than the number of board positions to be filled, and thus the results a foregone conclusion.