The following bills affecting HOAs never made it into law:
AB 1007 (McCarty). Minimum Wage.
Increases the minimum wage on January 1, 2016 to an amount necessary to keep a family of three (3) above the poverty level. HOAs with employees may be required to increase wages.
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AB 1079 (Cunningham). Common interest developments: association: annual policy statement.
Would change the time requirements for distribution of the annual policy statement to be within 31 to 91 days before the fiscal year end.
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AB-1101 (Flora) Building standards: exterior elevated elements: inspection.
Would allow termite inspectors with 5 years’ experience to conduct inspections of balconies and other exterior elevated elements.
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AB 1335 (Atkins). Building Homes and Jobs Act.
Would impose a fee of $75 to be paid at the time of recording of every real estate document, including association governing documents, and collection documents. Would increase the cost to a delinquent homeowner attempting to resolve the debt to the association.
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AB 1426 (Irwin). Common interest developments: association governance: elections.
Would amend Civil Code § 5100 to exempt HOAs from having to comply with the Davis-Stirling Act’s balloting procedures where an election of directors is uncontested.
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AB 1569 (Caballero). Disability rights: reasonable accommodations: animals.
If a prospective or current tenant requests a disability-related reasonable accommodation to keep an animal on the property and the disability or disability-related need is not readily apparent, this bill would authorize a person renting, leasing, or otherwise providing real property for compensation to request that a third party provide verification of the disability and ...
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AB 1720 (Wagner). Common Interest Developments: Meetings. (Attorney Attendance)
Would amend Civil Code § 4925 to allow for a member’s attorney to attend HOA board meetings that are open to the membership, regardless of whether the member attends. Would require the member to provide the HOA with 48 hours advance written notice of the fact that the member’s attorney will attend the board meeting. ...
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AB-1731 (Boerner Horvath) Short-term rentals: coastal zone.
Would prohibit a non-resident homeowner in San Diego County from renting their property for more than 30 days in a calendar year as a short-term rental.
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AB 1760 (Frazier). Parking: emergency vehicles.
Would prohibit an association from developing rules that would prohibit or restrict a member from parking an emergency vehicle on association property.
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AB-1795 (Kamlager-Dove) Civil actions: unlawful detainer: court records.
Would prohibit the court clerk from allowing public access to the records of an unlawful detainer action.
Read more »AB 1799 (Mayes). Common Interest Developments: Association Governance: Elections.
Would amend Civil Code § 5100 to exempt HOAs from having to comply with the Davis-Stirling Act’s balloting procedures where an election of directors is uncontested.
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AB 1917 (Steinorth). Common interest developments.
Would lengthen the time in which an association may extend the termination date of the CC&Rs from 20 years to 25 years.
Read more »AB 2141 (Cunningham). Common interest developments: association: annual policy statement.
Would change the time requirements for distribution of the annual policy statement to be within 31 to 91 days before the fiscal year end.
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AB-2227 (Irwin) Common interest developments: funds: insurance.
Would provide clean up language to 2018’s AB 2912 (Irwin) regarding association finances.
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AB 2353 (Frazier) Construction defects: actions: statute of limitations.
Would shorten the statute of limitations to file a claim for construction defects from 10 years to 5 years.
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AB 2420 (Jones). Debt Collection: Attorneys: Exemption.
Would exempt “law firms” from the definition of a “debt collector” subject to the requirements and regulations of the California Rosenthal Fair Debt Collection Practices Act.
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AB 2429 (Caballero). Common interest developments.
Most likely a spot bill, this bill would make nonsubstantive changes related to director liability. On March 15, 2018, the proposed text of AB 2429 was gutted and amended to no longer apply to common interest developments.
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AB-2430 Tiny homes.
Would expand the definition of an accessory dwelling unit to include a tiny home on wheels.
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AB-2503 (Rubio) Senior citizen housing developments.
Would require the governing documents of a senior citizen housing development to permit a qualifying resident to share their dwelling unit with a qualified roommate.
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AB 2618 (Bonta) Hiring of real property: Department of Real Estate: landlords and property managers: training.
Would require the DRE to administer a certification program for property managers on fair practices and tenant rights. A person who acts as a property manager without first having obtained certification would be subject to a civil penalty of up to $1,000.
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AB 2873 (Low). Common interest developments.
Most likely a spot bill, this bill would make nonsubstantive changes related to regular and special assessments. On March 28th, this bill was gutted and amended to no longer apply to common interest developments.
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AB-3219 (Frazier) Construction defects: actions.
Would require that the inspection for construction defects be conducted by a person who is a licensed contractor.
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AB 3238 (Kiley). Common interest developments.
Most likely a spot bill, this bill would make nonsubstantive changes related to common interest developments.
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AB 52 (Gray). Public Accommodations: Construction-related Accessibility Claims.
Reduces the liability exposure of property owners that are subject to construction-related accessibility claims by disabled persons. Provides protections for commercial and residential associations with facilities that are open to the public.
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AB 603 (Salas). Income Taxes: Turf Removal Credit.
Tax credits available to property owners participating in a lawn replacement program. HOAs could receive a corporate tax credit for replacing turf with drought tolerant plants.
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AB 731 (Chen). Personal income taxes: deductions: homeowners’ association assessments.
Would allow a personal income tax deduction of up to $5,000 per year for regular assessments.
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AB 786 (Kiley). Statements of information: common interest development associations: limited liability companies.
Would authorize that the bi-annual statement of information to be submitted online.
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AB 828 (Ting) Temporary moratorium on foreclosures and unlawful detainer actions: coronavirus (COVID-19).
Would prohibit a person from taking any action to foreclose on a residential real property or proceeding with an unlawful detainer action while a state or locally declared state of emergency related to the COVID-19 virus is in effect and until 15 days after the state of emergency has ended.
Read more »AB-919 (Grayson) Construction defects: actions: statute of limitations.
Would shorten the statute of limitations to file a claim for construction defects from 10 years to 5 years.
Read more »SB 1128 (Roth). Common interest developments.
This bill would allow for voting by acclamation in uncontested elections.
Read more »SB 1265 (Wieckowski) Common interest developments: elections.
Would require changes to the election rules regarding director qualifications, candidate nominations, and meeting room accessibility. It would also prohibit the suspension of voting privileges and would require the election rules be distributed with the ballots.
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SB-434 (Archuleta) Common interest developments: managing agent: production of client property and client records upon termination of management agreement.
Would require a managing agent to provide association property and records to the association or the association’s agent within 30 days of termination of the management agreement.
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AB 1339 (Gabriel) Mechanics liens: attachment date.
Would provide that a mechanics lien has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that attaches after the date of commencement of the work of improvement.
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AB 1516 (Friedman) Fire prevention: defensible space and fuels reduction management.
Would require a person in a very high fire hazard severity zone to utilize more intense fuel reductions in the defensible space between 5 and 30 feet around the structure, and to create a noncombustible zone within 5 feet of the structure. A person violating these provisions would be subject to a civil penalty ...
Read more »SB-1323 Foreclosure: equity sale: multiple listing.
Would expand the definition of an accessory dwelling unit to include a tiny home on wheels.
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SB-1444 California FAIR Plan: condominium dwelling coverage
Would require that the basic property insurance offered through the FAIR Plan to include condominium dwelling coverage.
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SB 451 (Stone). Common interest developments.
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.
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SB 522 (Glazer). Common interest developments: solar energy.
If an architectural application for rooftop solar installation requires a vote of the membership for approval, only the percentage of the votes submitted shall be counted. Failure to submit a vote shall not be counted as a “no” vote.
Read more »SB 721 (Hill). Contractors: decks and balconies: inspection.
Would require the inspection of any load-bearing components and associated waterproofing elements of the buildings by a licensed inspector. The bill would require the inspections and any repairs to be completed by January 1, 2022, along with subsequent inspections every 5 years. On July 3, 2018, the proposed text of SB 721 was amended ...
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SB-969 (Wieckowski) Common interest developments.
Would provide clean up language to 2019’s SB 323 (Wieckowski).
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SB-981 (Archuleta) Common interest developments: document delivery.
Would require an association to provide individual delivery by email. Would also require an association of at least 50 units to maintain a website to provide general information to the membership.
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