Dwelling Units

Only a week after the CAI Day at the Capitol, and CLAC was already back to work reviewing newly introduced legislation. Assembly Member Friedman introduced AB 670, which would require associations to allow owners to construct additional dwelling Units on their property. This bill would void community restrictions on accessory dwelling Units on a single-family lot, unless those restrictions were recorded prior to January 1, 2020. AB 670 defines two types of structures. First would be an “accessory dwelling unit,” which is a second unit on a lot up to 1,200 square feet in size. As drafted, the language allows accessory dwellings to either be completely detached or contained within the walls of the house on the lot, and allows those dwellings to include cooking, sleeping, and bathroom facilities. Second would be a “junior accessory dwelling unit,” which can be up to 500 square feet that has an outside entrance and cooking facilities, but may share bathroom facilities with the main house on the lot. This bill would significantly impact associations’ ability to manage growth and enforce standards within their community. Architectural standards are an important part of maintaining an overall community, and ensuring that owners can have input on decisions that affect the value of their homes. CLAC is asking associations to oppose this effort to move architectural control from communities to Sacramento. Richardson|Ober will continue to dedicate a portion of our newsletters to update key legislative updates as we learn more from CLAC. You can also track the bills as they make their way through Sacramento at leginfo.legislature.ca.gov. Written by Matthew A. Gardner Matthew A. Gardner is...

CLAC Returns with Updates from the Capital

Richardson|Ober knows that our associations need to be heard. CAI’s California Legislative Action Committee (CLAC) is the strong voice that represents us every day in Sacramento. Every year, CLAC sends over 150 people (managers, board members, homeowners, and business partners) from throughout California to the Capitol to strengthen our cause. Building on last year’s legislative successes, CLAC encouraged CAI to increase its presence and expand its influence in Sacramento to Monday April 8 and Tuesday April 9. The two-day strategy gave CLAC participants twice as many opportunities to meet with California representatives and make our case for the upcoming legislative calendar. SB 323  The most important effort this year will be on a familiar subject. Although CLAC worked to successfully defeat SB 1265 last year, the substance of that bill has returned this year as SB 323. Senator Wieckowski is once again attempting to push a one size fits all approach to community elections. SB 323 would restrict the selection of inspectors of election, would not allow communities the right to set their own qualifications for directors serving on the board, and would increase oversight by courts over routine election processes. CLAC will need your support in once again defeating the harmful efforts of this bill. SB 434 The remaining bills demonstrate where CLAC supports creating good law to help communities. CLAC encourages legislators to support Senate Bill 434 introduced by Senator Archuleta. SB 434 incorporates best practices within the management industry and requires management companies to transfer association records in a timely manner. Both CAI and CACM came together to support this common sense legislation to help communities...
November Newsletter

November Newsletter

Avoiding Election Missteps: 8 Tips for a Winning Outcome By Matthew A. Gardner, Esq. and Alisa E. Sandoval, Esq. If practice makes perfect, association elections should be a breeze. However, overlooking even the smallest parts of the election can cause chaos. California Civil Code Sections 5100-5145 dictate the election process: when to use secret ballots; how to conduct elections; how to select inspectors; how to campaign; and how to conduct the ballot counting and understanding why the Civil Code requires these for fair elections, may help avoid some of those election day challenges. #1 Have election rules in place FIRST. All associations are required by Civil Code 5105 to adopt election rules. Without election rules, the owners, inspectors of election and board are all at-risk of mistakes that may result in costly legal challenges. Older CC&Rs and bylaws probably do not even require secret ballots, so it is important that the rules describe how elections are conducted. Election rules must comply with both Civil Code and your governing documents and should contain: Nomination procedures, Director qualifications, Method of selecting independent third parties as inspectors of election, Rules for access to association media during campaigns, Rules for access to common area meeting space during campaigns, Secret ballot instructions and procedures. Once you have the basics outlined above, make sure that the board and your owners are comfortable with how it is presented. Some associations will add additional details about candidate statements or “meet the candidate” events. Work with your owners so that the rules represent your community’s preferences regarding elections. #2 Identify candidate and director qualifications in the candidate nomination...