All posts by Steve Tinnelly

AB 1584 (Committee on Housing and Community Development) Housing Omnibus.

Would allow the board of directors to amend the governing documents to remove any prohibitive rental restrictions without a vote of membership and would extend the deadline to July 1, 2022.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law prohibits a common interest development from adopting or enforcing a provision in a governing document, or amendment to a governing document, that restricts the rental or lease of separate interests within a common interest to less than 25 percent of the separate interests. The act requires a common interest development to comply with the prohibition on rental restrictions regardless of whether the common interest development has revised its governing documents to comply with the act and requires a common interest development to amend its governing documents no later than December 31, 2021.
This bill would amend Civil Code Section 4741 to require the common interest development board, without approval of the members, to amend any declaration or other governing document no later than July 1, 2022, that includes a prohibited restrictive covenant, as provided. The bill would require a board to provide general notice of the amendment at least 28 days before approving the amendment and would require any decision on the amendment to be made at a board meeting, after consideration of any comments made by association members.

**UPDATE:  AB 1584 was signed by the Governor on September 28, 2021.  Its changes to the law take effect January 1, 2022.

View more info on AB 1584
from the California Legislature's website

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AB-611 (Quirk-Silva) Safe at Home program: homeowners’ association

Would protect the confidentiality of association members in the Safe at Home program.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law establishes an address confidentiality program for victims of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, commonly known as the Safe at Home program, under which an adult person, or a guardian on behalf of a minor or an incapacitated person, states that they are a victim of domestic violence, sexual assault, stalking, human trafficking, or elder or dependent adult abuse, and designates the Secretary of State as the agent for service of process and receipt of mail. Under existing law, when the Secretary of State certifies the person as a program participant, the person’s actual address is confidential.
This bill would add Civil Code Section 5216 to require the association of a common interest development to accept and use the address designated by the Secretary of State as the Safe at Home participant’s substitute address for association communications and to withhold or redact information that would reveal the name and address of the Safe at Home participant in specified communications of the association.

**UPDATE:  AB 611 was signed by the Governor on August 31, 2021.  Its changes to the law take effect January 1, 2022.

View more info on AB 611
from the California Legislature's website

Related Links

SB 261 Signed! Changes to Individual and General Notice  - Published on HOA Lawyer Blog (September 2018)  

SB-591 (Becker) Senior citizens: intergenerational housing developments.

Would permit the establishment of an intergenerational housing development if at least 80 percent of the occupied dwelling units are occupied by at least one senior citizenand up to 20 percent of the occupied dwelling units are occupied by at least one caregiver or transition age youth.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law requires the covenants, conditions, and restrictions or other documents or written policy of a senior citizen housing development to set forth the limitations on occupancy, residency, or use on the basis of age. Existing law requires that the limitations on age require, at a minimum, that the persons commencing any occupancy of a dwelling unit include a senior citizen who intends to reside in the unit as their primary residence on a permanent basis. Existing law defines “senior citizen housing development” for these purposes as a residential development for senior citizens that has at least 35 dwelling units. Existing law defines “qualifying resident” or “senior citizen” to mean a person 62 years of age or older, or 55 years of age or older in a senior citizen housing development.
The bill would add Civil Code Section 51.3.5 to permit the establishment of an intergenerational housing development if (1) at least 80 percent of the occupied dwelling units are occupied by at least one senior citizen, as specified, and up to 20 percent of the occupied dwelling units are occupied by at least one caregiver or transition age youth, as defined, and (2) the development is an affordable rental housing development, as defined, and has received an allocation of low-income housing tax credits from the California Tax Credit Allocation Committee.
This bill would prohibit a housing facility or community from evicting or terminating the lease of a family with children in order to comply with the requirement that at least 80 percent of the occupied units be occupied by at least one senior citizen.

**UPDATE:  SB 591 was signed by the Governor on September 28, 2021.  Its changes to the law take effect January 1, 2022.

View more info on SB 591
from the California Legislature's website

AB-1466 (McCarty) Real property: discriminatory restrictions.

Would require an association to provide a Restrictive Covenant Modification form with the governing documents.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law requires a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that delivers a copy of a declaration, governing document, or deed, to place a cover page or stamp on the first page of the previously recorded document stating that if the document contains any restriction that unlawfully discriminates based on any of the characteristics specified above, that document is void.
This bill would amend Government Code Section 12956.1 to require a county recorder, title insurance company, escrow company, real estate broker, real estate agent, or association that delivers a copy of a declaration, governing document, or deed to a person who holds an ownership interest of record in property to also provide a Restrictive Covenant Modification form with specified procedural information.

**UPDATE:  AB 1466 was signed by the Governor on September 28, 2021.  Its changes to the law take effect January 1, 2022.

View more info on AB 1466
from the California Legislature's website