Saturday, January 28, 2012 : New HOA laws impact homeowners : New HOA laws impact homeowners
From rental restrictions to electric vehicles and electronic meeting notices, Californians living in homeowners associations are seeing several new laws governing their communities that took effect Jan. 1.

The California Association of Community Managers reports that one out of every three Californians lives in a homeowners association.

One of the most significant of the new laws was state Senate Bill 150, which 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 bill applies to a governing document provision that becomes effective on or after Jan. 1, 2012. The law requires owners to provide a statement describing any applicable rental restriction to potential buyers.
Thanks to Fred Pilot for the link to this summary of the new HOA/condo laws. There are quite a few this year.


Anonymous said...

The "anti-restrictions-against-rent" law doesn't go far enough if it is limited to protecting only those owners for which a rental restriction was not in place prior to January 1, 2012.

A successor to the owner is not protected which means that the current owner cannot sell what he has. How is the HOA corporation "preserving value" for any owner when those who purchase cannot sell what they bought?

Anonymous said...

"The 'anti-restrictions-against-rent' law doesn't go far enough:"

But think how much effort and political capital is expended just to get just that.

And as Beth pointed out on July 17, 2010 at 7:21:00 PM CDT, reforms can be reversed.

"The sad thing about this fine in Florida is that 2004 reforms made fining illegal, and a 2010 new law (pushed through by HOA law firms/lobbyists) put the fines right back."

Given the dynamics and power interests involved, I suspect that most HOA reforms are doomed to failure, especially the ones that deal with some specific detail that can easily be reversed by some fine print in another bill at a later date without anybody noticing.