New Legislation that Affects the Residents of the Communities of Owners
NEW LEGISLATION PROVIDES THAT HOMEOWNERS ASSOCIATIONS MUST COMPLY WITH INFRASTRUCTURE INSPECTION REQUIREMENTS
SB326 (Hill) sets new requirements for associations to periodically inspect infrastructure, referred to as elevated structures such as balconies, decks, stairs, and railings. The legislation requires new construction builders to provide the association with a complete set of plans before the first escrow closes with the association’s first owner. This would include “as built” plans.
Legislation requires that every nine years, associations conduct a visual inspection (by an architect or structural engineer) of a statistically significant sample of elevated structures such as balconies, terraces, stairs, and railings. If evidence of water intrusion is found, the inspector must use his or her best professional judgment regarding any further investigation. The legislation does not define what is meant by a “statistically significant sample”. Presumably this would have to be determined by the consultants conducting the inspection.
The legislation requires the inspector to write a report that includes the current condition of elevated structures, expected future life, anticipated performance, and any recommendations for repair. The inspector is also required to notify the local code enforcement agency (city, county, etc.) of any imminent threat to personal safety.
The first inspection must be completed by January 1, 2025. The legislation provides that the association’s board of directors will determine whether to file claims against the builder/developer and that board members affiliated with the builder/developer may not participate in the decision.
NEW REGULATION THAT ALLOWS ACCESSORY DWELLINGS IN COMMUNITIES OF OWNERS
AB670 (Friedman) allows accessory dwelling units within associations, as well as cities, counties, and other jurisdictions. The legislation invalidates any CC&R provision or rule that prohibits an accessory dwelling unit on a single-family lot. However, the legislation will allow reasonable restrictions as long as they do not effectively prohibit or unreasonably restrict accessory dwelling units. What is considered a “reasonable restraint” is not defined in the statute. For example, would a provision restricting the number of people who could occupy an accessory dwelling unit be considered reasonable? This is undetermined at this time. An accessory dwelling unit is a second unit on a lot that is detached from or contained within the walls of the home on the lot and consists of up to 1,200 square feet, including kitchen, bedroom, and bathroom. The legislation also makes reference to a “junior” accessory dwelling unit that can be up to 500 square feet, which must have an outside entrance and cooking facilities, but can share a bathroom with the main house on the lot.
The associations have concerns related to noise, parking, and insurance related to accessory dwelling units.