Owning a home has its challenges, especially when it comes to familiarizing oneself with building and safety laws. Knowing what to expect can help homeowners prepare for changes and make the right decisions. They should also be aware that HOA laws from 2021 and those scheduled to take effect in 2022 might affect them or their HOAs.
Here are some recent HOA laws from 2021 and upcoming new regulations in 2022 that could potentially affect San Diego homeowners.
California Senate Bill 391
SB 391, one of the first laws approved by Governor Gavin Newsom, went into effect as an urgent statute immediately after signing it in September. The law allows homeowners’ associations to hold purely virtual meetings instead of the usual physical meetings during times of declared emergency. To announce their first virtual meeting, HOAs must send notice by mail to all members, and all votes at virtual meetings must be by roll call.
California Senate Bill 392
The California Association of Realtors sponsored senate Bill 392, and it is starting to roll out in HOAs across California. By 2023, owners will be able to choose how they want to receive notices from the association: by postal mail or by email. If they don’t choose a method, then the default will be postal mail.
The rest of the bill rolls out in 2022. A new subpart is created in Civil Code Section 5230, barring management companies from selling member information to a third party without member consent. Existing law is modified to add a paragraph about unlawful practices. A new subdivision is added to prevent HOA boards from using members’ personal information for any reason other than carrying out association business.
California Assembly Bill 3182
This law from 2021 prevents homeowner associations from disallowing or placing unreasonable restrictions on home rentals. HOAs can set limits on the number of short-term rentals, ranging from 0 to 100 percent, and can restrict the total number of rentals in their community. The limit for these restrictions took effect in 2021. If a community does not abide by these laws, they are subject to a one thousand dollar fine.
California Senate Bill 326
Earlier this year, the state passed a law requiring associations with at least three units to have their property’s balconies, elevated walkways, railings, or stairways inspected by a structural engineer once in nine years. The associations must examine the first exterior elevated elements by January 1, 2025.
Assembly Bill 1033
The new version of the California Family Rights Act now includes a provision that allows an employee to take up to 12 weeks of unpaid leave each year for family care and medical leave. The act specifically includes care for a parent-in-law in the definition of family care and medical leave.
Conclusion
While some of these HOA laws from 2021 and 2022 may seem inconsequential to homeowners, they could actually affect homeowners one way or another. Take the time to familiarize yourself with the laws and make decisions accordingly. Regardless of what type of HOA you live in, it’s essential to be aware of the laws that could potentially affect your home.
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