The Legislature is active this year regarding HOAs, and eight bills may significantly affect California associations.
discussed four helpful bills. Unfortunately, the four bills discussed below have good intentions but may create more problems than they solve.
The worst of the four is Assembly Bill 572, authored by Assembly member Matt Haney of San Francisco. AB 572 would cap assessment increases on deed-restricted affordable housing units, restricting the HOA board to a maximum of 5 percent increase on those units. If the HOA needed to increase assessments on all units by more than 5 percent, a membership vote would be required to accomplish this. This bill tries to protect affordable housing unit owners but is a terrible idea.
Assembly Bill 1033, authored by Assembly member Phil Ting of San Francisco, proposes to make a simple but potentially troublesome amendment to Government Code Section 65852.2, the section regarding municipal approval of Accessory Dwelling Units . The bill authorizes local jurisdictions to allow lot owners to convert their properties to miniature condominium HOAs so that both the principal residence and the ADU on the property could be sold to buyers.
Senate Bill 403, authored by Sen. Aisha Wahab of Fremont, would declare illegal discrimination based upon “caste,” defined as “an individual’s perceived position in a system of social stratification on the basis of inherited status.” In North American culture, caste is not typically recognized. This very broad definition could result in misunderstandings and misapplication within HOA neighborhoods.
The deadline for bills to pass their initial house of origin is June 2, so there is time to contact your representative and voice your opinions. VisitKelly G. Richardson, Esq. is a Fellow of the College of Community Association Lawyers and Partner of Richardson Ober LLP, a California law firm known for community association expertise. Submit column questions to
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