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Senate Bill 323 added new Civil Code section 5105(c)(3), which provides that associations “may disqualify a nominee if that person has been a member of the association for less than one year.”
The purpose of this optional qualification is unclear, as new members are often the most enthusiastic about volunteering for their community. Discouraging such energy offers no apparent benefits - especially if a board features staggered terms - and is likely to further drain the already shallow pool of willing candidates. Thankfully SB 323 makes up for this deficiency by permitting murderers and other convicted felons whose crimes do not imperil the association's fidelity coverage to serve on the board. Make sure to add "please no knife fighting!" to your director code of conduct.
The purpose of this optional qualification is unclear, as new members are often the most enthusiastic about volunteering for their community. Discouraging such energy offers no apparent benefits - especially if a board features staggered terms - and is likely to further drain the already shallow pool of willing candidates. Thankfully SB 323 makes up for this deficiency by permitting murderers and other convicted felons whose crimes do not imperil the association's fidelity coverage to serve on the board. Make sure to add "please no knife fighting!" to your director code of conduct.
- Published on
Assembly Bill 3182 is a disaster for California’s HOAs. AB 3182:
- 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 to remove voided provisions by December 31, 2021 or face damages claims and civil penalties of up to $1,000.
- Published on
Senate Bill 323 added new Civil Code section 5105(g)(4), which provide that “[n]otwithstanding any other law" election rules shall "[r]equire the inspector or inspectors of elections to deliver, or cause to be delivered, at least 30 days before an election, to each member" the ballot and a copy of the election rules.
Civil Code section 5115(c) (was (a)), however, provides that "[b[allots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting." Emphasis added.
Civil Code section 5115(c) (was (a)), however, provides that "[b[allots and two preaddressed envelopes with instructions on how to return ballots shall be mailed by first-class mail or delivered by the association to every member not less than 30 days prior to the deadline for voting." Emphasis added.
- Published on
Senate Bill 323 added new Civil Code section 5105(g), which provides that “[n]otwithstanding any other law,” election rules shall “[r]equire the ballot of a person with general power of attorney for a member to be counted if returned in a timely manner.”
- Published on
Senate Bill 323 added new Civil Code section 5105(g)(1), which provides that “[n]otwithstanding any other law,” election rules shall “[p]rohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.”
- Published on
Senate Bill 323 added new Civil Code section 5105(g), which provides that “[n]otwithstanding any other law,” election rules shall “[p]rohibit the denial of a ballot to a member for any reason other than not being a member at the time when ballots are distributed.”
- Published on
Senate Bill 323 added new Civil Code section 5105(a)(7), which provides that “association[s] shall permit members to verify the accuracy of their individual information” on the now-mandatory candidate registration and voter lists, and that the “association or member shall report any errors or omissions” on either list to the inspectors of election.
This provision is problematic for several reasons. First, it imposes a legal duty to report without specifying which party is responsible for performance. Think infield dropping a pop fly, except with lawsuits.
This provision is problematic for several reasons. First, it imposes a legal duty to report without specifying which party is responsible for performance. Think infield dropping a pop fly, except with lawsuits.
- Published on
Effective January 1, 2020, Senate Bill 222 amended California Government Code section 12956.1 to add “veteran or military status” to the list of protected classes in regards to discrimination.
This change applies to all common interest developments in California, including residential, mixed-use, commercial, and industrial developments. In the unlikely event your CC&Rs or other governing documents contain restrictions based on veteran or military status, such provisions should be removed by an amendment or update. In addition, the mandatory 14-point Government Code text on the cover page of your CC&Rs must be updated.
This change applies to all common interest developments in California, including residential, mixed-use, commercial, and industrial developments. In the unlikely event your CC&Rs or other governing documents contain restrictions based on veteran or military status, such provisions should be removed by an amendment or update. In addition, the mandatory 14-point Government Code text on the cover page of your CC&Rs must be updated.
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Senate Bill 234 expanded the legal rights of owners to use their home as a daycare business, so long as the owner follows all necessary licensing requirements and provides care for not more than 14 children.
SB 234 also provides for remedies against associations which discriminate against such businesses. SB 234 only applies to residential and mixed-use common interest developments.
SB 234 also provides for remedies against associations which discriminate against such businesses. SB 234 only applies to residential and mixed-use common interest developments.
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Assembly Bill 670 added new Civil Code section 4751(a), which provides that any provision of a governing document "that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit ... is void and unenforceable.”
As with solar energy systems and electric vehicle charging stations, however, the law does permit some restrictions. Section 4751(b) provides that Section 4751(a) "does not apply to provisions that impose reasonable restrictions on [ADUs] or [JADUs] ... mean[ing] restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct."
As with solar energy systems and electric vehicle charging stations, however, the law does permit some restrictions. Section 4751(b) provides that Section 4751(a) "does not apply to provisions that impose reasonable restrictions on [ADUs] or [JADUs] ... mean[ing] restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct."