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

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Date Published: 04/05/2021 09:00 PM
AB1410:v98#DOCUMENT

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 Sections 4740 and Section 4750 of, and to add Sections 4739, 4754, 5101, 5870, 5875, and 5880 to, the Civil Code, relating to common interest developments.


LEGISLATIVE COUNSEL'S DIGEST


AB 1410, as amended, Rodriguez. Associations: declared emergency: protected uses.
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 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. Existing law also prohibits the governing documents of an association from establishing unreasonable restrictions on the use of a homeowner’s backyard for personal agriculture, as defined.
This bill would prohibit the governing documents from restricting a homeowner’s right to rent or lease their separate interest, or any portion thereof, a portion of the homeowner occupied separate interest for 30 days or more, without regard to whether such restriction existed at the time the homeowner acquired title to the separate interest. This bill would also extend the provision protecting a homeowner’s right to use their backyard for personal agriculture to include all of the homeowner’s 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 every director and full-time employee of an association completes a course in ethics and harassment prevention.
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 action regarding landscaping of a homeowner’s separate interest during a declared emergency, or on days where the air quality is unhealthy, as determined by the State Air Resources Board. This bill would also prohibit an association from taking enforcement actions for the violation of governing documents during, and for 30 days after, a declared emergency, evacuation, shelter in place order, or quarantine. This bill would also require any physical evidence used in determining a violation of the governing documents has occurred 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.
(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. 2.Section 4740 of the Civil Code is amended to read:
4740.

(a)An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests, or any portion thereof, in that common interest development to a renter, lessee, or tenant.

(b)Prior to renting or leasing their separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.

(c)Nothing in this section shall be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.

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 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.