Would raise the maximum fines by a city or county for short-term rentals and provides a definition for “short-term rental.”
Current Status: Chaptered
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Existing law authorizes the legislative body of a city or a county to make, by ordinance, any violation of an ordinance subject to an administrative fine or penalty and limits the maximum fine or penalty amounts for infractions, to $100 for the first violation, $200 for a 2nd violation of the same ordinance within one year of the first violation, and $500 for each additional violation of the same ordinance within one year of the first violation. Existing law also sets specific monetary limits on the fines that may be imposed by city or county authorities for any violation of local building and safety codes that is an infraction, as prescribed. Existing law requires a city or county levying fines pursuant to these provisions to establish a process for granting a hardship waiver in certain cases.
This bill would amend Government Code 25132 to raise the maximum fines for violation of an ordinance relating to a residential short-term rental, as defined, that is an infraction and poses a threat to health or safety, to $1,500 for a first violation, $3,000 for a 2nd violation of the same ordinance within one year, and $5,000 for each additional violation of the same ordinance within one year of the first violation.
**UPDATE: SB 60 was signed by the Governor on September 24, 2021. Its changes to the law take effect immediately.
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from the California Legislature's website
Related Topics
Related Statutes
Related Case Law
- Watts v. Oak Shores Community Association
(2015) 235 Cal.App.4th 466
[Operating Rules; Rental Activities; Board Deference] Homeowners associations may adopt reasonable rules and impose fees on members relating to short-term rentals of condominium units.
- Lamden v. La Jolla Shores Clubdominium Homeowners Association
(1999) 21 Cal.4th 249
[Rule of Judicial Deference; Maintenance] Courts will defer to decisions made by a HOA Board of Directors regarding ordinary maintenance of a common interest development.
Related Links
California Legislature Further Limits a HOA's Right to Restrict Rentals - Published on HOA Lawyer Blog (September 2020)
HOA Short-term Rental Rule Violated California Coast Act - Published on HOA Lawyer Blog (April 2018)
Court Concludes Rental Restrictions are Reasonable - Published on HOA Lawyer Blog (July 2017)
Expanded Scope of 'Judicial Deference' - Authority to Impose Short-term Renter Fees - Published on HOA Lawyer Blog (April 2015)