Community Associations or Homeowners Associations for many years have prohibited outdoor drying of laundry. The intent of the Associations and owners of multifamily properties was to maintain the aesthetics of the property for everyone's benefit. The California legislature and governor have different plans for common interest communities and the HOmeowners Associations.
HOA Reserves under the Davis-Stirling Act may be impacted by the enactment of Assembly Bill 968, which amends California Civil Code Section 4775. AB 968 changes the responsibility for exclusive use common areas. The current law under the Davis-Stirling Act effective until December 31, 2017 excludes exclusive use areas from the association's maintenance, repair and replacement responsibilities and places that responsibility on the owner of the separate interest for maintaining any exclusive use area attached to the separate interest. The new law, in effect on January 1, 2017, reverses the responsibility requiring, generally, that if the HOA's governing documents and/or CC&Rs are not clear on who is responsible for exclusive use common areas, then it is the HOA' s responsibility.
Any member of an HOA board or management company is aware the extreme costs lawsuits can pose to the association no matter how frivolous the suit is. Homeowner's associations can greatly benefit from the use of Motions for Sanctions under California's Code of Civil Procedure Section 128.7.
As we've previously noted on this blog, a homeowners' association generally meets the requirements to qualify as a social welfare organization under Section 501(c)(4). As a result, homeowners' associations, and all other social welfare and community benefit organizations (e.g., employee organizations and other organizations that promote social community goals) recognized under Section 501(c)(4) should be aware of new notification requirements enacted by Congress. Regardless of whether you intend to become a 501(c)(4) organization or if you were such an organization prior to December 19, 2015, these new requirements will be important for your compliance.
The Davis-Stirling Common Interest Development Act was amended by Assembly Bill 596 which modifies Civil Code Section 5300. Effective July 1, 2016, as part of the Homeowners Association's (HOA) Annual Budget Report required to be delivered to the owners within the community, the Annual Budget Report shall include specific statements indicating whether the Community has FHA or VA approved.
With the passage of Assembly Bill 349, Homeowners Associations' (HOA) Board of Directors and their management companies or attorneys should review the Community's architectural and landscaping requirements or rules and regulations relating to permissible and prohibited landscaping.
Mobilehome parks often have pet restrictions and pet conduct policies embedded within their rules and regulations; however, the park owners and managers must understand what restrictions are enforceable under the current laws. As a practical matter, mobilehome park pet restrictions and policies should be unambiguous and enforced equally throughout the park. Although failure to do so may result in potential liability, issues often arise that require a detailed factual analysis by an experienced mobilehome attorney. For example, ambiguity typically exists in the definition of a "pet" and that definition's application to "service animals."
If you would like to rent out your condominium unit on short-term vacation rental websites like Airbnb or Craigslist - be careful! Property owners often do not consider the rules and regulations of their Homeowners Association ("HOA") before doing so. As one San Diego man found out, the penalties for violating a HOA's rules and regulations can be costly.