Existing law regulates governing documents and protects certain uses of a homeowner’s separate property. That law, among other things, prohibits an association from restricting a homeowner’s right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowner’s right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest. Existing law also prohibits the governing documents of an association from establishing unreasonable restrictions on the use of a homeowner’s backyard for personal agriculture.

This bill would amend Civil Code Section 4740 to prohibit the governing documents from restricting a homeowner’s right to rent or lease their separate interest, or any portion thereof, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest. This bill would also amend Civil Code Section 4750 to extend the provision protecting a homeowner’s right to use their backyard for personal agriculture to include all of the homeowner’s separate interest.

Existing law authorizes an association to restrict a member’s actions and speech while in the common development. This bill would add Civil Code Section 4754 to prohibit any restrictions on discussions critical of the association.

Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.

This bill would add Civil Code Section 5870 to prohibit an association from taking any enforcement action regarding landscaping of a homeowner’s separate interest during a declared emergency, or on days where the air quality is unhealthy, as determined by the State Air Resources Board. This bill would add Civil Code Section 5875 to prohibit an association from taking enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. This bill would also add Civil Code Section 5880 to require any physical evidence used in determining a violation of the governing documents has occurred be made available to the member accused of violating the governing documents if the association seeks to impose a monetary penalty. Any photographs used to determine a violation of the governing documents has occurred would be required to contain either a time and date stamp, or digital metadata that clearly states the time and date the photograph was taken.