Today's Law As Amended


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AB-1410 Associations: declared emergency: protected uses.(2021-2022)



As Amends the Law Today


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.
(e) Prohibiting homeowners from cultivating food-bearing foliage is counter to the essence of a state steeped in a rich agricultural heritage.

SEC. 2.

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

4739.
 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.

SEC. 3.

 Section 4750 of the Civil Code is amended to read:

4750.
 (a) For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10.
(b) Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts the use of a homeowner’s backyard  separate interest  for personal agriculture.
(c) (1) This section does not apply to provisions that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture.
(2) For purposes of this section, “reasonable restrictions” are restrictions that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency.
(d) This section applies only to yards that are designated for the exclusive use of the homeowner.
(e) This section shall not prohibit a homeowners’ association from applying rules and regulations requiring that dead plant material and weeds, with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil, are regularly cleared from the backyard.

SEC. 4.

 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. 5.

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

5101.
 (a) Any director or employee of an association must complete a course on 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.
(b) Any person serving as a director of an association, and each person employed by an association, on January 1, 2022, shall complete a course on ethics and harassment prevention by March 1, 2022.

SEC. 6.

 Section 5870 is added to the Civil Code, to read:

5870.
 (a) An association shall not impose a monetary penalty, and cannot seek any other enforcement action, in relation to landscaping on a separate interest during a declared state of emergency or on days when air quality is unhealthy.
(b) For purposes of this section, the air quality is unhealthy in an area when inhalable particles are predicted to exceed 35.5 micrograms per cubic meter or when ozone is predicted to exceed 71 parts per billion as reported by the State Air Resources Board and posted to their internet website.

SEC. 7.

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

5875.
 An association shall not pursue any enforcement actions, including any courtesy notices, 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.

SEC. 8.

 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 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. 9.
 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.