10-18-19. LEGAL CHANGES REQUIRE ACTION. Changes imposed by SB 323 require action by associations. Failure to do so could result in significant legal consequences and cause the association to be out of compliance with applicable laws starting January 1, 2020.
Restated Election Rules.
(Mandatory) Required for ALL associations pursuant to SB 323. All associations must adopt or change their election rules to conform to the changed laws. Any election conducted without compliant election rules will make any election subject to legal challenge and may result in monetary penalties and an award of attorney fees.
Restated Bylaws. For all associations in order to comply with SB 323 and establish consistency with the mandatory revised election rules. Amending bylaws at the same time as the election rules will ensure consistency and avoid member confusion and mistakes.
Membership List Policy. For all associations which communicate or intend to communicate with members by email. SB 323 makes member email addresses part of the association’s membership list, which is available to all members upon request. All associations should make members aware that their email addresses are subject to disclosure on 1/1/2020.
ADU Policy. For all associations with garages or 500 square feet or more of space in which an accessory dwelling unit (ADU) or junior accessory dwelling unit (JADU) could be constructed. AB 670 voids prohibitions on ADUs and JADUs, but allows reasonable restrictions. This policy can be added to existing design guidelines or operate as a stand-alone policy.
Anti-Harassment Policy. For all associations as a result of the adoption of new DFEH Regulations. The changes add new requirements for associations to investigate and take action on claims made by protected classes of people.
Employee-Independent Contractor Analysis. For all associations utilizing independent contractors in order to determine whether they may meet the new test for being classified as an employee.
Elevated Structures Inspection Policy. For all condominium projects with exterior balconies and other elevated structures.
Electric Vehicle Charging Station Policy. For associations with common area parking in which an owner might wish to install an electric vehicle charging station.
Solar Policy. Sets forth requirements for individual owners’ installation of solar energy systems. This is especially important where the association is responsible to maintain, repair and replace roofs.
Communication Policy. Includes procedures for handling member/resident communications and helps to alleviate the inefficiencies associated with handling requests from difficult members/residents who unreasonably and disproportionately utilize the association’s time and resources.
Disability Accommodation Request Policy. Includes procedures for handling disability accommodation requests.
CC&R Restatement. If an association has not updated its governing documents in the last 10 years, it is usually more cost effective and beneficial to do a full restatement to comply with new laws.
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New Statutes & Case Law