SB-900 (Umberg) Common interest developments: repair and maintenance.

Would make an association responsible for any repairs and replacements relating to the interruption of gas, heat, water, or electrical services that begin in the common area, even if the matter extends into another area, and would require the association to complete those repairs within 30 days.

Current Status: Pending

FindHOALaw Quick Summary:

Existing law, unless otherwise provided in the declaration of a common interest development, generally makes an association responsible for repairing, replacing, and maintaining the common area, except as specified.
This bill would amend Civil Code Section 4775 to make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area. The bill would require an association to complete those repairs or replacements within 30 days. The bill would require an award of reasonable attorney’s fees to a prevailing owner who enforces this provision against an association.
Existing law imposes specified duties on an association with respect to managing a common interest development, including levying regular and special assessments sufficient to perform its obligations. Existing law imposes limits on increases in those assessments, except those increases necessary for specified emergency situations, including an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal safety on the property is discovered.
This bill would amend Civil Code Section 5610 to expand that emergency situation to include an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal health or safety on the property is discovered.
**SB 900 was amended on April 20, 2024 to require that the board commence the process to make repairs within 10 days, and to authorize the board to vote electronically for purposes of initiating repairs. The bill would also require inspection of gas lines as part of the reserve study inspection every three years.
(b) (1) An association shall complete commence the process to make repairs or replacements, as required by this section, within 30 10 days for matters pertaining to the interruption of gas, heat, water, or electrical services.

(2)A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorney’s fees and costs.

(3) If board members of an association are required to vote to initiate any repairs pursuant to this subdivision, voting may be performed by electronic means, including, but not limited to, email.

SEC. 2. Section 5550 of the Civil Code is amended to read:

(c) For purposes of this section, “major components” includes gas lines to the extent that the association is responsible for repair or replacement of those lines pursuant to Section 4775.

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from the California Legislature's website

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Limitation on HOA Tort Liability for Maintenance Failures – Published on HOA Lawyer Blog (January 2020)