Current Status: Pending

FindHOALaw Quick Summary:

Existing law requires the board of an association, if the association adopts or has adopted a policy imposing any monetary penalty on any association member for a violation of the governing documents, to adopt and distribute to each member a schedule of the monetary penalties that may be assessed for those violations. Existing law prohibits a monetary penalty for a violation of the governing documents from exceeding the lesser of the amount stated in the schedule that is in effect at the time of the violation or $100 per violation, except if the violation might result in an adverse health or safety impact on the common area or another association member’s property.

This bill would amend Civil Code Section 5850 to remove the exception if the violation might result in an adverse health or safety impact on the common area or another association member’s property, and would, instead, except if the violation might result in, among other things, certain fire or environmental hazards, including the storage of any flammable or combustible material in a common area.

Existing law requires the board to notify a member in writing at least 10 days before a meeting to consider or impose discipline or a monetary charge on a member. Existing law requires the board to give a member the opportunity to cure a violation prior to the meeting, and prohibits the board from imposing discipline if the member cures the violation prior to the meeting or, if curing the violation would take longer than the time between the notice provided and the meeting, the member provides financial commitment to cure the violation.

This bill would amend Civil Code Section 5855 to specify that a member engaged in habitual, repeated, or continuing violations is not deemed to have cured a violation simply because the violation is not occurring at the time of the hearing.

View more info on AB 2579
from the California Legislature's website