Legislation at a Glance 2021 Legislative Session For more information, visit the HOA Advocacy section at the Echo website: www.echo-ca.org/article/hoa-advocacy/ 2021 is the first year of the 2021-2022 legislative session. The list below contains new bills introduced this year. This list, and the impact of each bill, will change as authors amend the language in these bills and others. At the time of writing, these bills are winding through the legislative committee process – some will move on, others will die, others will be amended into bills unexpected. Echo is watching. For the most up-to-date information click here to visit the official California legislative website: https://leginfo.legislature.ca.gov/faces/home.xhtml
2021 Legislation AB-502 - SUPPORT AUTHOR: Davies SUBJECT: Election by Acclamation STATUS: Assembly. Housing and Community Development. In committee process. POSITION: Support – Reasonably streamlines the election process and saves money for HOAs SUMMARY: This bill would allow common interest developments of any size to vote by acclamation. It would delete the requirement that the association include 6,000 or more units. And it would specify that this acclamation procedure applies notwithstanding any contrary provision in the governing documents of the common interest development. AB-1101 - REVIEW AUTHOR: Irwin SUBJECT: Funds Transfers and Insurance STATUS: Assembly. In desk process. Engrossing. POSITION: Review SUMMARY: This bill would require that certain association funds be deposited into a bank, savings association, or credit union with specific insurance. It also prohibits transfers of $10,000 or more without prior written approval from the board. And it requires that the association maintain specified coverage for itself and its managing agent or management company. AB-1410 - OPPOSE AUTHOR: Rodriguez SUBJECT: Restrictions on Rules Enforcement STATUS: Assembly. Housing and Community Development. In committee process.
POSITION: Oppose – This bill is far-reaching, covers
many issues. Not focused enough for good policy.
SUMMARY: This bill would prohibit an association
from restricting a homeowner’s right to rent or lease their separate interest, or any portion thereof. It would also extend a homeowner’s right to use their backyard for personal agriculture to the entire separate interest. It would further require every director and association employee to complete a course in ethics and harassment prevention. And it prohibits any restrictions on discussions critical of the association. It would also prohibit the association from enforcement actions during certain specified conditions. And finally, it would require specific standards for evidence of rules violations and mandate that evidence be made available to the accused. SB-391 - SUPPORT AUTHOR: Min SUBJECT: Meetings and Teleconferencing Procedures During an Emergency STATUS: Senate. Judiciary. In committee process. POSITION: Support – Sensible solution as learned from the COVID-19 pandemic. SUMMARY: This bill would establish alternative teleconferencing procedures for a board meeting or a meeting of the members if the common interest development is in an area affected by a federal, state, or local emergency. SB-392 – SUPPORT AUTHOR: Archuleta SUBJECT: Email Delivery of Documents STATUS: In Senate. Housing. In committee process. POSITION: Support – The requirement to have a website if more than 50 units could be a problem for some. Adds to cost of running the association. SUMMARY: This bill would allow associations to deliver specified documents by email unless a member opts out of email delivery. It requires a member to provide their physical or email address annually, among other requirements. And it requires that associations with at least separate interest to maintain a website, with certain exceptions. It specifies that documents posted to the association website would satisfy the general delivery requirement. Continued on page 34
ECHO journal | ISSUE TWO 2021
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