legislative update
BY BRIAN D. MORENO, ESQ. & MEIGAN EVERETT
Here are the latest updates on bills affecting rental restrictions, solar energy systems, lot splitting, discriminatory clauses, and emotional support animals in HOAs. AB-1584 Rental Restrictions AB-1584 amended Civil Code Section 4741, which was originally adopted in 2019 and required community associations to amend rental restrictions within the CC&Rs that did not comply with the statute. The bill extended the deadline to complete the amendment to July 1, 2022. It is important to note that AB-1584 did not extend the obligation to comply with the prohibition on rental restrictions cited in this statute. Since January 1, 2021, associations have been and still are prohibited from enforcing restrictions that conflict with the statute. With the extension, the Legislature eased compliance by expressly stating that a board of directors may approve the amendment without a membership vote if it follows the new procedure provided. This includes providing general notice of at least 28 days before the meeting to approve the amendment, sending the text of the amendment and a description of the purpose of the amendment to the membership, allowing members 28 days to comment, reviewing the comments, and adopting the amendment at an open meeting of the board.
14 The Law Journal Spring 2022 | cacm.org
In order to utilize this procedure, no other change may be made to the governing documents other than restating the rental restrictions to comply with the statute. If other changes are proposed, a membership vote is required. Under the existing Davis-Stirling Act, unreasonable restrictions in CC&Rs on constructing ADUs are prohibited. This law expands the prohibition on unreasonable restrictions to any deed, contract, security interest, or other instrument affecting the transfer or sale of any real property. And, in addition to associations being subject to the restriction, an owner cannot agree to restrict his or her property in this manner when transferred to a third party.
AB-1124 Solar Energy Systems Existing law provides for solar easements, defined as “the right of receiving sunlight across real property of another for any solar energy system.” This bill expands the definition of “solar energy system” to include stand-alone features adjacent to buildings and allows for them to be on adjacent or contiguous lots.
