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New California Laws Impacting People Living Where There are Homeowner Associations

Reblogger Doug Bullwinkel
Mortgage and Lending with E Mortgage Capital, Inc. NMLS 1416824 CA NMLS #281609

We've got some new laws in 2012 related to Homeowners Associations that you need to know about.  Harrison Long from Coldwell Banker has provided some great information here so be sure to review this.

Original content by Harrison K. Long

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.

  • HOAs 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 HOA is 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 

__________________________________________________________

 

Harrison K. Long – REALTOR® and broker associate, GRI – Coldwell Banker Residential Brokerage – 949-854-7747 (phone) – ExploreProperties@gmail.com (email) – CA DRE 01410855 – SFR short sale and foreclosure resource certified by the National Association of REALTORs® – now serving as an appointed director at California Association of REALTORs® – attorney member of the California State Bar Association #69137

Please contact us about listing and sale of ORANGE COUNTY CA homes and real estate. ~ Professional REALTOR® agent representation and help for property owners, private trust estate representatives, estate administrators, executors and heirs, probate and trust attorneys, estate planners, income tax professionals, public guardians, fiduciaries, investor group managers, bankers, and individuals, with listing and sale of properties at Orange County, CA

 

Comments(12)

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DeeDee Riley
Windermere Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Great reblog Doug!  I had heard about a few of these but good to see them in detail.

Feb 01, 2012 04:14 PM
Cheryl Dickson
Retired Realtor / Retired Home Inspector - Enid, OK
Retired Realtor, GRI / Retired Home Inspector

This is an excellent post to share. It doesn't surprise me that they've had to make laws about the HOAs, I'm sure many states will follow suit. I'm surprised that the amount of folks living in a HOA property is so high. 1 in 3. Neighborhoods are really being "controlled" so to speak. I love HOA's for keeping the neighborhoods nice looking, but some things are borderline ridiculous as far as some of the rules. Thanks for sharing this, I found it interesting.

Feb 02, 2012 03:01 AM
Pam Hills
Innovative Artistry - Kendall, FL
ASP/IAHSP- Stager Miami, FL, Creative Minds Innovatively At Work

Dear Doug - Thanks for sharing this!!  It is quite detailed....interesting to compare other communities.  I found it especially interesting about the "Charging Stations"....  I was looking at an electric car, along with hybrids this past week....  Something to give notice to in the future.   I am sure Florida will be on the horizon.  Thanks!  Have a wonderful weekend!

Feb 03, 2012 05:56 PM
Doug Bullwinkel
E Mortgage Capital, Inc. NMLS 1416824 - Roseville, CA
Mortgage Loan Officer NMLS #281609

Welcome DeeDee:  These were all news to me so I thought it might be of interest to many others too.

Cheryl:  Sometimes we forget that the regulations across the country are so different in many areas.  I agree that some HOA's are pretty absurd.  I once got a notice to appear for having a small swan flower pot in my front landscape area.  I put it there to get a little sun and water from the sprinklers for a few days.  They said I had an "illegal artifact" in my yard. 

Pam:  This too will pass.  Don't be too quick to run out to buy an electric car.  Just remember that politics plays a major part in energy decisions and your new electric car might soon be obsolete.

Feb 04, 2012 06:25 AM
Lottie Kendall
Compass - San Francisco, CA
Helping make your real estate dreams a reality

Good re-blog, Doug. I hadn't heard about the electric vehicle charging law -- makes sense.

Feb 05, 2012 04:14 AM
C. Lloyd McKenzie
Living Albuquerque - Albuquerque, NM
Living Albuquerque

Good Morning Doug:

Excellent Repost.  Regarding HOA's I think many of them have overstepped their authority.  Their power must be reigned in.

Feb 05, 2012 06:27 PM
C. Lloyd McKenzie
Living Albuquerque - Albuquerque, NM
Living Albuquerque

It seems to me that as in regards to community development, no HOA should be allowed to get in the way of a common good. It is absurd to think that they are getting in the way of progress.  Maybe it's tiime to reign in all HOA's

Feb 05, 2012 06:32 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

Doug

Good reblog, especially this part

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.

Feb 06, 2012 07:12 AM
Bob & Leilani Souza
Souza Realty 916.408.5500 - Roseville, CA
Greater Sacramento Area Homes, Land & Investments

Doug, I heard about these new laws, but Harrison compiled them in a very easy-to-understand manner...great choice for a re-blog! :)

Leilani

Feb 06, 2012 09:34 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®
An excellent choice to te-blog! Hope all is going well with you, Doug.
Feb 08, 2012 03:22 PM
John McCormack, CRS
Albuquerque Homes Realty - Albuquerque, NM

Doug -

Indeed I must agree with the class you chose a great post to re-blog.  Hope you have an outstanding weekend my friend. 

Best regards from the Q

Feb 10, 2012 07:48 AM
CA COASTAL ESTATES, REO Lauren Selinsky Perez CRS
California Coastal Estates - Aliso Viejo, CA
"Your Real Estate Broker" #oclauren

Excellent re-Blog and amazing rules that needed changing...

Feb 12, 2012 08:28 PM