Bill Text: CA AB1410 | 2021-2022 | Regular Session | Amended


Bill Title: Associations: declared emergency: protected uses: regulation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2022-01-20 - Ordered to second reading. [AB1410 Detail]

Download: California-2021-AB1410-Amended.html

Amended  IN  Assembly  January 14, 2022
Amended  IN  Assembly  January 03, 2022
Amended  IN  Assembly  April 05, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 1410


Introduced by Assembly Member Rodriguez

February 19, 2021


An act to amend Section 4515 of, and to add Sections 4739, 4754, 5101, 5875, and 5880 to to, the Civil Code, relating to common interest developments.


LEGISLATIVE COUNSEL'S DIGEST


AB 1410, as amended, Rodriguez. Associations: declared emergency: protected uses: regulation.
Existing law, the Davis-Stirling Common Interest Development Act, regulates common interest developments and associations, as defined. Existing law also regulates governing documents, as defined, and protects certain uses of a homeowner’s separate property. That law, among other things, prohibits an association from restricting specified rights of a homeowner. These rights include the right to peacefully assemble, to invite public officials or other speakers to discuss matters of public interest, distributing literature related to common interest development living, and a homeowner’s right to rent or lease a separate interest unless the governing document or amendment that restricts a homeowner’s right to rent or lease their separate interest existed prior to the homeowner acquiring title to the separate interest.
This bill would prohibit the governing documents from restricting a homeowner’s right to use social media or other online resources to discuss specified issues even if the discussions are critical of the association or its governance. The bill would also prohibit the governing documents from restricting a homeowner’s right to rent or lease a portion of the homeowner occupied separate interest for 30 days or more, more than 30 days, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest.

Existing law authorizes an association to restrict a member’s actions and speech while in the common development.

This bill would prohibit any restrictions on discussions critical of the association.

Existing law regulates the election and necessary qualifications for a member to serve as a director of an association.
This bill would require any person serving as a director and of, or a full-time employee of of, an association on January 2, 2024, to complete a course in fiduciary ethics and harassment prevention by a specified date. The bill would require the Department of Real Estate, on or before December 1, 2023, to either develop a course or certify a course offered by a third party to satisfy this requirement. The bill would require directors and employees to attest, in writing, to completion of the course, and would require the association to maintain the attestation for at least 3 years.
Existing law authorizes associations to establish penalties for violation of the governing documents, and regulates how an association may enforce such penalties.
This bill would prohibit an association from taking any enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. during a declared emergency, as specified. This bill would also require, if an association seeks to impose a monetary penalty for a violation of the governing documents, any physical evidence used in determining a violation be made available to the member accused of violating the governing documents. This bill would require that any photographs used to determine a violation of the governing documents has occurred contain either a time and date stamp, or digital metadata, as defined, that clearly states the time and date the photograph was taken.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) During an unprecedented pandemic and resulting economic crisis, homeowners have struggled in a variety of ways to maintain their homes.
(b) It is in the interest of homeowners that special protections be put in place against enforcement actions and fines by an association in times of emergency.
(c) It is counter to the interest of the state, its residents, and its housing and homelessness policy to prohibit homeowners from inviting a tenant into their home.
(d) It is in the best interest of the state to ensure those with fiduciary responsibilities with regards to homeowners receive appropriate training.

SEC. 2.

 Section 4515 of the Civil Code is amended to read:

4515.
 (a) It is the intent of the Legislature to ensure that members and residents of common interest developments have the ability to exercise their rights under law to peacefully assemble and freely communicate with one another and with others with respect to common interest development living or for social, political, or educational purposes.
(b) The governing documents, including bylaws and operating rules, shall not prohibit a member or resident of a common interest development from doing any of the following:
(1) Peacefully assembling or meeting with members, residents, and their invitees or guests during reasonable hours and in a reasonable manner for purposes relating to common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes.
(2) Inviting public officials, candidates for public office, or representatives of homeowner organizations to meet with members, residents, and their invitees or guests and speak on matters of public interest.
(3) Using the common area, including the community or recreation hall or clubhouse, or, with the consent of the member, the area of a separate interest, for an assembly or meeting described in paragraph (1) or (2) when that facility or separate interest is not otherwise in use.
(4) Canvassing and petitioning the members, the association board, and residents for the activities described in paragraphs (1) and (2) at reasonable hours and in a reasonable manner.
(5) Distributing or circulating, without prior permission, information about common interest development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes, or other issues of concern to members and residents at reasonable hours and in a reasonable manner.
(6) Using social media or other online resources to discuss development living, association elections, legislation, election to public office, or the initiative, referendum, or recall processes even if the discussions are critical of the association or its governance.
(c) A member or resident of a common interest development shall not be required to pay a fee, make a deposit, obtain liability insurance, or pay the premium or deductible on the association’s insurance policy, in order to use a common area for the activities described in paragraphs (1), (2), and (3) of subdivision (b).
(d) A member or resident of a common interest development who is prevented by the association or its agents from engaging in any of the activities described in this section may bring a civil or small claims court action to enjoin the enforcement of a governing document, including a bylaw and operating rule, that violates this section. The court may assess a civil penalty of not more than five hundred dollars ($500) for each violation.

SEC. 2.SEC. 3.

 Section 4739 is added to the Civil Code, to read:

4739.
 (a) Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibit the rental or leasing of a portion of the homeowner occupied separate interest in that common interest development to a renter, lessee, or tenant for a period of 30 days or more. more than 30 days.
(b) Nothing in this section shall permit an owner of a separate interest or a resident renting or leasing a portion of the owner-occupied separate interest to violate any association bylaws and operating rules that govern conduct in common areas, including, but not limited, to parking restrictions, guest access to common facilities, and voting eligibility requirements.

SEC. 3.Section 4754 is added to the Civil Code, to read:
4754.

Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that restricts critical discussion about the association is void and unenforceable.

SEC. 4.

 Section 5101 is added to the Civil Code, to read:

5101.
 (a) Any person serving as a director or employee of an association must shall complete a course on fiduciary ethics and harassment prevention. Completion of this course shall occur upon election in the case of a director, or upon hire in the case of an employee.
(1) Directors shall complete the course within 60 days of election or reelection to the board.
(2) Employees of the association shall complete the course within 60 days of being employed by the association or its agent and every two years thereafter.
(b) Directors and employees of an association shall attest, in writing, to completion of the course, and the association shall retain the attestation for a minimum of three years.

(b)Any person serving as a director of an association, and each person employed by an association, on January 1, 2024, shall complete a course on ethics and harassment prevention by March 1, 2024.

(c)On or before December 1, 2023, the Department of Real Estate shall either develop a course or certify a course offered by a third party to satisfy the requirements of this section.

SEC. 5.

 Section 5875 is added to the Civil Code, to read:

5875.
 An association shall not pursue any enforcement actions, including any courtesy notices, actions for violations of the governing documents during a declared state or local emergency, evacuation, stay at home order, or quarantine, or for 30 days after the emergency, evacuation, stay at home order, or quarantine has ended. emergency if the nature of the emergency giving rise to the declaration makes it unsafe or impossible for the homeowner to either prevent or fix the violation.

SEC. 6.

 Section 5880 is added to the Civil Code, to read:

5880.
 (a) If an association seeks to impose a monetary penalty against a member for violation of the governing documents, the association must shall make any physical evidence used to determine a violation of the governing documents has occurred, including, but not limited to, photographs or video or audio recordings, available to the member.
(b) (1) Any photographs used in determining a violation of the governing documents has occurred shall have a visible time and date stamp or shall be accompanied by digital metadata clearly stating the time and date the photograph was taken.
(2) For purposes of this subdivision, “metadata” means data bearing the record of, and not the content of, a digital photograph, including, but not limited to, the time, date, and location of the image.

SEC. 7.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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