- 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:
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.