Tuesday, January 31, 2012

New California Laws Impacting People Living Where There are Homeowner Associations

CALIFORNIA REAL ESTATE LAW 

About one in three people in California now live in communities where there are homeowner associations, and new California laws impact those people.   

CALIFORNIA HOMEOWNER ASSOCIATIONS
CA Senate Bill 150 - new CA law for 2012 - Owner's right to rent out units at homeowner association community - prohibits associations from restricting owners' abilities to rent their properties unless a rental restriction was in place before the owner purchased the property.  This section of the new law applies to a governing document provision that becomes effective on or after January 1, 2012, and requires owner/sellers to provide a statement describing any applicable rental restriction to potential buyers.


CA Senate Bill 209 - new CA law for 2012 - governing electric vehicle charging stations - restricts homeowners associations from prohibiting or restricting the installation of an electric vehicle charging station, although associations still have jurisdiction over the approval process for such stations.  Owners will be responsible for the maintenance costs associated with charging stations and for any commonly metered electricity.  Owners will also be required to obtain an umbrella liability insurance policy that names the association as an additional insured.

Senate Bill 563 - new CA law for 2012 - new requirements regarding the actions of homeowner association boards between meetings.

  • Homeowner associations must notify members at least two days prior to a meeting of the board's executive session. 
  • Allows for meeting notifications to be sent electronically to homeowners and permits board meetings to be conducted by teleconference as long as they are conducted in a manner that protects the rights of members.  
  • Notices of teleconference meetings must identify a physical location so  members can attend and requires that at least one member of the board be present at the location.  
  • Board of homeowner associations are prohibited from conducting a meeting via a series of electronic transmissions, such as email, except to conduct an emergency meeting. 

These news laws are part of the California Civil Code starting at section 1350 re condominium, cooperative and planned unit development communities 

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