HOA Advocacy

AB 1426 - Uncontested Elections

Under the current system, associations must always use a double envelope, secret ballot system in their elections. This requirement applies even when the outcome of the election is already decided: i.e., when the number of board vacancies equals the number of board candidates. This is called an "uncontested" election.

Subject: Exemption from Election Requirements for Uncontested Elections

Status: In Assembly Housing and Community Development Committee

Position: Watch

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SB 407 - Noncommercial Solicitation

From the Legislative Counsel's Digest:

Subject: Noncommercial Solicitation

Status: In Senate Judiciary

Position: Oppose Unless Amended

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SB 451 - Liability for Harassment

Prohibits an association from being liable to any person because the governing documents of the association do not contain a provision that would authorize the association to stop harassment of a member by another member, under the Davis-Stirling Common Interest Development Act.

Subject: Liability for Harassment

Status: In Senate Judiciary

Position: Watch

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SB 721 - Inspection of Decks and Balconies

Requires an inspection of building assemblies and associated waterproofing elements, including decks and balconies, for buildings with more than a certain number of multifamily dwelling units by a licensed architect, civil or structural engineer, or building inspector or official at certain intervals. Requires certain notifications. Imposes requirements on boards of directors of common interest development.

Subject: Inspection of Decks and Balconies

Status: In Senate Judiciary

Position: Oppose Unless Amended

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2016 Legislation - SB 918 - Member Contact Information for Notices

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which are managed by homeowners’ associations. This bill would require the owners of the separate interests in a common interest development to annually provide the association with specified written information for the purpose of receiving notices from the association.

Subject: Member Contact Information for Notices

Status: Signed by Governor.

Position: Support

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2016 Legislation - AB 1720 - 3rd Party Representation at Board Meetings

The Open Meeting Act requires associations to allow owners time to address the board at regular meetings. This bill would extend that right to any "representative" of a member of the association. The representative may be any 3rd party, including the member's attorney. The bill requires the member to give the association 48 hours advance written notice that their representative will attend, but does not require the member to identify the person by name or as an attorney.

ECHO opposes AB 1720.

Subject: 3rd Party Representation at Board Meetings

Status: Failed Passage.

Position: Oppose

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2016 Legislation - SB 1431 - Service of Summons or Subpoena

This bill would require an investigator who is employed by an office of the attorney general, a county counsel, a city attorney, a district attorney, or a public defender, upon the display of proper identification, to be granted access to a gated community for the sole purpose of performing lawful service of process or service of a subpoena.

Subject: Service of Summons or Subpoena

Status: Signed by Governor.

Position: Watch

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2016 Legislation - SB 944 - Housing Omnibus Bill

The Annual Housing Omnibus Bill cleans up errors and makes non-substantive changes in the law. ECHO has proposed several amendments to correct errors and improve clarity within the statute.

Subject: Housing Omnibus Bill

Status: Signed by Governor.

Position: Support

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2016 Legislation - AB 2362 - Pesticide Application and Notice

This bill would expand upon the 2016 law concerning notice requirements for the application of pesticides in common interest developments. It would require an association to provide notice to an owner or tenant of a separate interest, and under certain circumstances to owners or tenants of adjacent separate interests, if pesticide is to be applied without a licensed pest control operator. The bill would authorize an owner or tenant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance.

Subject: Pesticide Application and Notice

Status: Signed by Governor.

Position: Watch

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2016 Legislation - AB 1963 - Construction Defect Claim Conditions

Existing law, the Davis-Stirling Common Interest Development Act, requires, until July 1, 2017, specified conditions to be met before an association may file a complaint for damages against a builder, developer, or general contractor of a common interest development based upon a claim for defects in the design or construction of the common interest development.

This bill would delete the inoperative and repeal dates and would, instead, make these provisions inoperative on July 1, 2024, and would repeal these provisions as of January 1, 2025, as specified.

Subject: Construction Defect Claim Conditions

Status: Signed by Governor.

Position: Watch

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