Steve Tinnelly, Author at FindHOALaw

Association Responsibility to Repair
Civil Code section 4775 generally makes an association responsible for any repairs or replacements necessary to restore interrupted gas, heat, water or electrical services that begin in the common area regardless of whether the matter extends into an owner’s property (i.e., into an owner’s lot or unit) or any exclusive use common area appurtenant to the owner’s property. (Civ. Code § 4775(a)(2)(A).)

Exceptions
The association is not responsible for repairs or replacements in either of the following situations:

- Where the CC&Rs provide that the owner is responsible for such repair/replacement. (Civ. Code § 4775(a)(2)(A).)
- Where the utility service that failed is required to be maintained by a utility service provider. (Civ. Code § 4775(a)(2)(A).)

14 Day Timeline for Commencing Repairs
The association’s board of directors is required to “commence the process to make the repairs” within fourteen (14) days of the interruption of the utility service. (Civ. Code § 4775(b)(1).)

Inability to Meet Quorum for a Board Meeting within 14 Days
If the board is unable to meet quorum to hold a board meeting necessary to comply with the 14 day commencement of repair timeline, then at the next board meeting following the 14^th day, the requirements of quorum are reduced so that the total number of directors at that meeting constitute quorum. This reduction in quorum applies only for the vote to commence the repair process, and the notice of the board meeting must contain a provision indicating the use of a reduced quorum. (Civ. Code § 4775(b)(3).)

Board Vote Through Electronic Means
If the directors are required to vote to initiate repairs, such voting may be performed by electronic means, including but not limited to, email. All records of the vote are deemed “association records” and subject to inspection procedures under Civil Code section 5210. (Civ. Code § 4775(b)(4).)

Funding Repairs Through a Loan
If an association does not have sufficient funds to make the repairs necessary to restore the interrupted utility service, the association may obtain a loan to pay for the costs of the repairs or replacements. (Civ. Code § 4775(b)(2).)

Approval & Assessment Authority
No membership approval is required for the association to take out a loan to fund the repairs/replacements. The association may also levy an emergency assessment as needed to allow for the repayment of the loan. (Civ. Code § 4775(b)(2).)

Resolution Requirement
Prior to taking out the loan, the board must pass a resolution containing written findings regarding the nature of the association’s expenses and how the association’s reserves do not cover the necessary costs. The resolution must be distributed to the members together with the notice of any emergency assessment, and together with notices that are otherwise required by law or the governing documents pertaining to the board’s action (if any). (Civ. Code § 4775(b)(2).)

Related Links

Understanding SB 900: HOA Repair of Utility Service Interruptions
– Published on HOA Lawyer Blog (May 2025)

Would cap fines at $100 per violation.

Current Status: Pending

FindHOALaw Quick Summary:

If an association adopts or has adopted a policy imposing any monetary penalty on any association member for a violation of the governing documents, existing law requires the board to adopt and distribute to each member a schedule of the monetary penalties that may be assessed for those violations and prohibits an association from imposing a monetary penalty on a member for a violation of the governing documents in excess of that schedule.

Existing law also requires the board to notify a member 10 days before a meeting to consider or impose discipline on the member and requires the board to provide a member with written notification of a decision to impose discipline within 15 days.

This bill would amend Civil Code Section 5850 to prohibit monetary fees from exceeding the lesser of that specified schedule or $100 per violation. The bill would also amend Civil Code Section 5855 to require the board to give a member the opportunity to cure a violation prior to the meeting to consider or impose discipline. The bill would reduce the time to provide written notification of a decision to impose discipline from 15 days to 14 days.

View more info on SB 681
from the California Legislature's website

Would streamline the architectural approval process for owners to rebuild a residential structure that is damaged or destroyed during a declared disaster or state of emergency. Would also provide for streamlined ministerial approval to building a housing development on a parcel on which a residential structure was destroyed or damaged in a disaster.

Current Status: Pending

FindHOALaw Quick Summary:

If the governing documents require association approval before a member may make a physical change to the member’s separate interest or to the common area, existing law requires an association to satisfy specified requirements, including to provide a fair, reasonable, and expeditious procedure for making its decision in reviewing and approving or disapproving a proposed physical change.

This bill would add Civil Code Section 4752 to make any provision of a governing document void and unenforceable to the extent that it prohibits, or includes conditions that have the effect of prohibiting, a substantially similar reconstruction of a residential structure that is damaged or destroyed during a declared disaster or state of emergency. The bill would require a court to award reasonable attorney’s fees to the proponent of a housing development proposal who prevails in an action to enforce the above provisions.

This bill would add Civil Code Section 4766 to require any provision of a governing document that subjects a modification to a separate interest to review by an association or architectural review commission to be processed and approved. The bill would require the association or commission to determine whether an application is complete or incomplete and to provide written notice of this determination to the applicant no later than 15 business days after the association receives the application. Once an application is deemed complete, the bill would require the association to conduct any review of the proposed modification to the separate interest within 30 business days. If an association finds that a complete application is noncompliant, the bill would require the association to provide the applicant with a list of items that are noncompliant and a description of how the application can be remedied by the applicant. If an application is determined to be incomplete or noncompliant, the bill would require the association to provide a process for the applicant to appeal that decision. The bill would require a court to award reasonable attorney’s fees to the applicant who prevails in an action to enforce the above-described provisions.

The Planning and Zoning Law authorizes a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process if the development satisfies certain objective planning standards and certain procedures are followed, including that the proponent of the development project requires in contracts with construction contractors that specified standards will be met in project construction, as specified.

This bill would add Government Code 65914.201 to authorize a housing development proponent to submit an application for a housing development that is subject to a specified streamlined, ministerial approval process if the housing development satisfies certain objective standards, including that the development is located on a parcel on which a residential structure was destroyed or damaged in a disaster. The bill would require a local agency to expedite the review and approval of a nondiscretionary permit related to a housing development subject to that streamlined, ministerial approval process, as prescribed.

The bill would add Government Code Section 65914.202 to provide that an ordinance that precludes specified placements and uses of manufactured homes, mobilehomes, or recreational vehicles for use during the reconstruction or repair of any home damaged or destroyed in a disaster is unenforceable for a period of 3 years following the disaster declaration.

View more info on SB 625
from the California Legislature's website

Would enact the Homeowner Association Accountability and Transparency Act of 2025 to make substantive changes to the Open Meeting Act, association records, and records inspection, and would impose additional penalties for violations of these provisions.

Current Status: Dead

FindHOALaw Quick Summary:

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments by an association. If a provision of the Act requires an association to deliver a document by “individual delivery” or “individual notice,” the Act requires the association to deliver that document in accordance with the preferred delivery method specified by the member. Existing law also requires the board of an association to provide general notice of a proposed rule change at least 28 days before making the rule change, in accordance with certain procedures.

This bill would amend Civil Code Section 4360 to require the board to provide individual notice of a proposed rule change.

Existing law prohibits the board of a common interest development from taking action on any item of business outside of a board meeting. Existing law also prohibits the board from conducting a meeting via a series of electronic transmissions, except in specified emergency circumstances.

This bill would amend Civil Code Section 4910 to prohibit a majority of the members of the board, outside an authorized meeting, from conducting communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business within the board’s subject matter jurisdiction.

Existing law requires an association to generally give notice of the time and place of a board meeting at least 4 days before the meeting and requires the notice to contain the agenda for the meeting.

This bill would amend Civil Code Section 4920 to require the notice containing the agenda to have instructions on how a member may get a copy of the agenda packet for the open session portion of the meeting and would establish procedures for the board to follow in responding to those requests. This bill would also amend Civil Code Section 5200 to include all documents constituting the agenda packet of meetings of the members, the board, and any committees appointed by the board as association records.

Existing law authorizes the board to adjourn to, or meet solely in, executive session to consider litigation and other specified matters. Existing law requires any matter discussed in executive session to be generally noted in the minutes of the immediately following meeting that is open to the entire membership.

This bill would add Civil Code Section 4921 to require the board, if the association becomes involved in litigation, to announce the litigation at its subsequent meeting, including stating the name of the court and case number in the meeting minutes. The bill would also require the board, if the association files an insurance claim or has an insurance policy change, to announce the claim or policy change at its subsequent meeting. The bill would further amend Civil Code Section 4935 to require discussions regarding ongoing litigation to have the case name included as part of the executive session meeting minute notes.

This bill would add Civil Code Section 4941 to require open session meetings of the board to be electronically recorded using audio, or audio and video, and would consider the recordings to be a record of the association and to be available to members on the same basis as written meeting minutes. The bill would require notice to be given at the beginning of every open session of the board that the meeting is being recorded.

Existing law requires the minutes, minutes proposed for adoption that are marked to indicate draft status, or a summary of the minutes of a board meeting, other than an executive session, to be available to members within 30 days of the meeting and distributed to a member upon request and upon reimbursement of the association’s cost for making that distribution.

This bill would amend Civil Code Section 4950 to prohibit a charge for minutes distributed electronically. The bill would require the minutes, or proposed minutes, to include specified information, including the date and time of the meeting and whether a quorum of directors was established.

Existing law authorizes a member to bring a civil action for declaratory or equitable relief for a violation by the association of specified provisions governing board meetings within one year of the date the cause of action accrues. Existing law entitles a member who prevails in a civil action under these provisions to reasonable attorney’s fees and court costs.

This bill would amend Civil Code Section 4955 to require a court to void any action taken by the board at a meeting shown to be conducted in violation of the Open Meeting Act. The bill would authorize a cause of action under those provisions to be brought in either superior court or small claims court. The bill would also require a member who prevails in a civil action brought in small claims court to be awarded court costs and reasonable attorney’s fees incurred.

Under the Davis-Stirling Act, the operating rules are a part of the governing documents of a common interest development. The Act requires an amendment to the governing documents to be held by secret ballot.

This bill would amend Civil Code Section 5100 to exclude an amendment to the operating rules from the requirement that the amendment be held by secret ballot. The bill would also prohibit a member from being denied a ballot for any reason other than not being a member at the time when the ballots are distributed.

Existing law requires the board provide individual notice of the tabulated results of the election within 15 days of the election. This bill would amend Civil Code Section 5120 to require the meeting minutes and the individual notice of the election results to state the term for each elected director.

This bill would also amend Civil Code Section 5200 to include signature-redacted copies of voter outer envelopes to association election materials. It would further amend Civil Code Section 5205 to require the association to make available election records in the custody of an association’s vendors for inspection and copying by a member of the association. The association may not charge for the emailing of documents already in electronic format and which do not require any redacting.

Existing law authorizes a member to bring a civil action to enforce that member’s right to inspect and copy association records.

This bill would amend Civil Code Section 5235 to authorize a member to bring a civil action for declaratory, injunctive, and equitable relief and civil penalties. The bill would authorize a cause of action under those provisions to be brought in either superior court or small claims court. The bill would also require a member who prevails in a civil action brought in small claims court to be awarded court costs and reasonable attorney’s fees incurred. A prevailing association may not recover any costs unless the action is found to be frivolous, unreasonable, or without foundation.

The bill amend Civil Code Sections 5105, 5145, and 5230 to update definitions and would make various other related and conforming changes to the act.

View more info on AB 21
from the California Legislature's website

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Utility Service Interruptions

Related Links

SB-681 (Wahab) Housing.

Current Status: Pending

FindHOALaw Quick Summary:

SB-625 (Wahab) Housing developments: disasters: reconstruction of destroyed or damaged structures.

Current Status: Pending

FindHOALaw Quick Summary:

AB-21 (DeMaio) Common interest developments: association management and meeting procedures.

Current Status: Dead

FindHOALaw Quick Summary:

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SB-770 (Allen) Common interest developments: EV charging stations.

Current Status: Pending

FindHOALaw Quick Summary:

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SB-410 (Grayson) Common interest developments: disclosures to prospective purchasers: exterior elevated elements inspection.

Current Status: Pending

FindHOALaw Quick Summary:

SB-811 (Caballero) Common interest developments: document delivery.

Current Status: Pending

FindHOALaw Quick Summary:

SB-677 (Wiener) Housing development: streamlined approvals.

Current Status: Pending

FindHOALaw Quick Summary:

Related Links

SB-614 (Stern) Potable water: nonfunctional turf.

Current Status: Dead

FindHOALaw Quick Summary:

Related Links

SB-570 (Alvarado-Gil) Common interest developments.

Current Status: Pending

FindHOALaw Quick Summary: