Assembly Bill 3182 (Ting) Means Less Independence for Community Associations if Governor Newsom Signs it Into Law

Assembly Bill 3182 (Ting) Means Less Independence for Community Associations if Governor Newsom Signs it Into Law

Assembly Member Ting from San Francisco authored Assembly Bill 3182. After multiple rounds of amendments, it was approved on September 1, 2020 by the California State Legislature and awaits the Governor’s signature before becoming law on January 1, 2021. The bill was promoted as a solution to help California’s growing housing shortage, but it is certain to create several problems for HOAs. AB 3182 will outlaw rental bans in HOAs. It creates a new Civil Code Section 4741 which voids rental limits below 25% of the members. Therefore, any governing documents with rental caps of less than 25%, will become unenforceable next year. HOAs will be permitted to amend their CC&Rs to add rental caps of 25% or more, provided the homeowners approve them. AB 3182 still allows HOAs to ban rentals of 30 days or less (aka short term or transient rentals), but the law prohibits “unreasonable” restrictions on rentals of homes, accessory dwelling units (ADUs), or junior accessory dwelling units (JADUs). AB 3182 does not define, or give examples, of what would be considered unreasonable. But, if the HOA is found to have an unreasonable restriction, it could be liable for a $1,000 civil penalty as well as attorney fees to the complaining party. There are many different rental requirements HOA memberships often approve by a majority vote. For example, a one-year minimum lease term, or a waiting period of one year before a new owner can rent a home, or the requirement that the tenant promise to abide by the HOA rules. Are any of these requirements “unreasonable?” We do not know. The issue of “unreasonably...
Simply the Best

Simply the Best

[As Published in the January-February 2019 issue of “Common Ground,” the magazine of CAI] A community association is no better than the board of directors who leads it. The board serves as the community’s voice and guide. If an association is to be excellent, willing volunteers must be developed. Truly exceptional volunteer governance is not a happy accident, and it often has little to do with a volunteer’s background, training, and experience. Instead, it is the result of hard work and the pursuit of proper values, foundational understandings, and perspectives. Have the right attitude Excellent board members understand that their position is one of service rather than control. They serve their neighbors; they don’t supervise them. A service-forward attitude results in a less defensive perspective in which new ideas and opinions are welcomed and not perceived as insults or threats. The best know that board service is not an accomplishment or distinction to be defended and preserved. A board member seeing his or her position as an achievement will be less likely to receive criticism and new ideas in a healthy manner, may be less willing to listen to the advice of others, will be threatened rather than encouraged by new ideas, and will be more deeply offended by criticism. Directors concerned about their status may be prone to focus too much on preserving their reputation rather than focusing on the association’s welfare. A director has got to know his or her limitations. The best accept that they do not know everything; they rely upon managers, consultants, and committees. Such directors handle board disagreements much better by accepting the...

Fair Housing Webinar

How Fair Are the New Fair Housing Regulations? An Overview of California’s First Fair Housing Regulations In August the California Fair Employment and Housing Council concluded a years-long process in adopting the state’s first Fair Housing Regulations. The new regulations provide some clarity on who can confirm a disability, comfort animal requests, and a new standard regarding sexual harassment in housing projects. This presentation will consist of 50 minutes prepared remarks, followed by a 10 minute question and answer session. Several handouts will be available for download, including a copy of the regulations as they were adopted by the Council. Two presentations are offered on September 19, to allow attendees more options – 11 a.m. and 5 p.m. Register for the 11AM session here:  https://register.gotowebinar.com/rt/2316323947287907587 Register for the 5PM session here: https://register.gotowebinar.com/rt/2316323947287907587 Richardson enjoys a national reputation as a leader in the field of HOA law, and is co-founder and Senior Partner of Richardson|Ober. Richardson is a past President of the Community Associations Institute and long-time author of a syndicated column, “HOA Homefront,” appearing weekly in 14 newspapers.  Visit HOA Homefront...

“Dangerous Service – Are You Aware Of The Boundaries of Liability or Just Hoping For The Best?”

What It’s About: Volunteer board service should not expose the volunteers to risk of lawsuits. California law provides many protections for the careful director. In this presentation, Kelly Richardson will discuss the protections, the boundaries of those protections, and the ways a well-intentioned volunteer can put themselves in the bulls eye of liability. The presentation will discuss statutes and published appellate cases affecting the exposure of volunteer directors to liability. Syllabus and supporting articles will be provided. The presentation will consist of 50 minutes of prepared remarks, followed by 10 minutes of questions from the audience. After registering, you will receive a confirmation email containing information about joining the...
R|O Welcomes Two New Associates

R|O Welcomes Two New Associates

WELCOME DIANA AND DANIEL! Richardson|Ober continues to expand its community association and real estate department with the addition of two outstanding associates. Daniel Heaton, graduate of the George Washington University Law School and established complex litigator, will be an asset to our community association clients and real estate professionals. In addition to his tremendous work ethic, Daniel brings a strong research background to the litigation team. Before starting his law career, Dan travelled extensively in the Philippines and is fluent in Tagalog. You may have some trouble chasing him down outside the office as Dan also trains and runs half marathons, the next one in October through Lake Powell! Fellow newcomer, Diana Godoy joins R|O’s expanding community association practice as a graduate of Loyola Law School and experienced real estate professional. Before joining R|O, Diana enjoyed a career in finance followed by a successful run with her own law practice. Where might you find Diana on the weekends? Relaxing with a good book, catching a concert in the park or getting new stamps in her passport. Diana loves to travel and is looking forward to her next trip. Where to? She says Asia is at the top of her bucket list! Daniel and Diana join R|O at an exciting time as the firm enters its third decade of serving community associations and real estate clients throughout California. Join us in welcoming Dan and Diana. Stay tuned for news of their contributions to the R|O...