As we continuously see changes within the California HOA laws, it can be difficult to keep up with the constant legal revisions. Our team is here to help you keep track of these updates and ensure the corrections in a timely manner to avoid any issues within your association. Below, we have summarized a few necessary updates to be made by your HOA.
The Rental Restriction Act
The Rental Restriction Act requires documents to be reformed. According to the new law, HOAs must remove illegal rental restrictions from governing documents, which may be done through the board without a membership vote by July 1, 2022. This action also requires a declaration of the changes to be published no less than 28 days prior to the board vote to approve the amendment.
As most HOA CC&Rs usually do not carry such unreasonable rental restrictions that may now be illegal, it shouldn’t be a big change for many of the communities. For your protection, you may seek legal counsel to review the CC&Rs for any updates the new laws may require.
As of January 1, 2022, associations are required to request their members to specify their preferred delivery method (email, mail, or both) for all notices and disclosures. Additionally, on an annual basis, all associations are obliged to give notice which states that members are not required to provide their email address to the HOA.
There must be written consent in possession of the HOA prior to electronically distributing any documents or notices to the members. There is no specified form created for the associations particularly to this matter. The only requirement is to have the consent written, which an email also qualifies. If the association would like to further create a form instead, they are allowed to do so. The statement collected must be clearly written to the association specifying:
• Any rights of the recipient to have the record provided or made available on paper in non-electric form.
• Whether the consent applies only to that transaction, to specified categories of communication, or to all communication from the corporation.
• The procedure the recipient must use to withdraw consent.
For further information or assistance with updates on laws and codes, contact Atlantic & Pacific Management at (858) 672-3100 or visit aphoamgmt.com.