SB 451 (Stone). Common interest developments.

harassment

Would prohibit an association from being liable to any person because the governing documents of the association do not contain a provision that would authorize the association to stop harassment of a member by another member.

Current Status: Pending

FindHOALaw Quick Summary:

 

In 2016, the U.S. Department of Housing and Urban Development (“HUD”) added new regulations to the Fair Housing Act, including the term “Hostile Environment Harassment.”  It occurs when “unwelcome conduct due to race, color, national origin, religion, sex, disability or familial status, is sufficiently severe or pervasive as to create an environment that unreasonably interferes with the availability, sale, rental, use, or enjoyment of a dwelling, the provision or enjoyment of facilities or services in connection therewith, or the availability or terms of residential real estate-related transactions.”  The new regulations impose direct liability on HOA directors and officers for their own actions as well as for “failing to take prompt action to correct and end a discriminatory housing practice by a third-party, where the person knew or should have known of the discriminatory conduct and had the power to correct it.  The power to take prompt action to correct a discriminatory housing practice by a third-party depends upon the extent of control or any other legal responsibility the person may have with respect to the conduct of such a third-party.”  In some situations, third-parties may include residents of the association.  This bill would add Civil Code Section 5815 to prohibit an association from being liable to any person because the governing documents do not contain a provision authorizing the association to stop harassment of one member by another member.

To read the current text of SB 451, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track SB 451 as it progresses through the Legislature. 

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View more info on SB 451
from the California Legislature's website