Mandatory Rent Amendments
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MANDATORY RENTAL AMENDMENTS

On September 28, 2020, Governor Newsom signed AB 3182, which goes into effect January 1, 2021. It means almost 3 million of the state's 11 million HOA housing units are now fair game for investors to buy and convert to rentals. It also means that rules enforcement problems, deferred maintenance, and lower property values will inevitably follow. The bill does the following:

  • voids rental caps more restrictive than 25%;
  • allows 30-day lease restrictions but appears to void anything greater than 30 days (law firms are split on this point);
  • mandates all associations amend their governing documents;
  • voids restrictions on January 1 but allows associations until December 31, 2021 to amend their governing documents; and
  • imposes a penalty of $1,000 on associations that do not comply.

Consequences. Even though associations have until December 31, 2021 to amend documents, in reality it needs to be done by January 1 which is when non-compliant restrictions are rendered unenforceable. That means those associations will have no rent restrictions on January 1. This opens the door to investors buying up units and converting them into Airbnb rentals.

ADU Problem. The legislation also includes a requirement that building departments push through ADU approvals. The Governor wants everyone to convert their garages into rentals as quickly as possible. In addition, The Bill specifically carved out ADUs from the 25% cap, which means HOA rentals could climb well above the 25% ceiling.

Recommendation: Boards with non-compliant restrictions should immediately talk to legal counsel about amending their governing documents before January 1, when existing restrictions become unenforceable. We plan to start with rules changes, since those will be the quickest and least expensive for clients. This should protect against Airbnb rentals and avoid the threat of penalties. Then, we can work on the more difficult task of amending CC&Rs.

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC