January General Membership Meeting Recap

For AAOC members, the beginning of a new year is always marked by the much-anticipated January General Membership Meeting featuring Stephen C. Duringer’s “Legal Corner… Live!” This year, more than 200 members attended the meeting, which was presented on January 11 at the Santa Ana Elks Lodge, the “home” for AAOC’s General Membership Meetings in 2023.

Duringer opened his remarks providing a broad overview of the current regulatory and legal environment for the multifamily housing industry, stating that recent legislation could have been far worse for Orange County, and reminding the audience that the courts are now back to a normal status — for the most part.

He then covered the further expansion of limitations on what can be included in credit reports, such as judgements not appearing on credit reports, and addressed how calculations for FICO scores could be artificially inflated. He also mentioned that criminal convictions and arrest records are not being reflected. Overall, he indicated reports are not showing a true and accurate portrayal of the applicant.

Duringer indicated the need for owners to be more diligent and comprehensive in their tenant screening efforts, including the suggestion of visiting the current residences of prospective renters. “Drive by and check out the surroundings,” he stressed. If you observe less-than-desirable conditions at their current residence, Duringer warned it could be an indicator of what you could expect if they become your tenant.

The eviction process in Orange County, Duringer reflected, is a lot easier to pursue than in Los Angeles County. He said that the judges are relatively good in this regard but stressed that a jury trial could be very time consuming. He also pointed out that the number of court rooms in Orange County handling evictions has decreased. He reiterated the need to be more thorough in the screening process.

Duringer then touched upon accommodation issues and particularly the handling of requests for service animals and emotional support/comfort animals. In his remarks, he mentioned there is now a “psychological” support animal designation geared toward individuals who are coping with mental health issues. A physician needs to sign a letter indicating this need and have an office located in California.

In summary, Duringer covered many key guidelines and best practices to keep in mind in your daily business operations and resident selectin process, including using AAOC’s legal and operational forms, maintaining your units, avoiding text messaging residents and keeping an email trail, instead, that is thorough and includes the dates and times of communications. He also recommended that AAOC members review what is truly covered and not covered in their insurance policies at this point in the new year and moving forward.

AAOC wishes to thank its January General Membership Meeting sponsors for their support of AAOC and its members. Thank you to Farmers Insurance — Theresa Simes Agency; Professional Towing; and Sullivan Property Management for your support.