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