NEW LEGISLATION ESTABLISHES THAT HOMEOWNERS ASSOCIATIONS MUST COMPLY WITH INFRASTRUCTURE INSPECTION REQUIREMENTS

SB326 (Hill) establishes new requirements for associations to periodically inspect infrastructure, referred to as elevated structures such as balconies, decks, stairs, and railings. The law requires new construction builders to provide the association with a complete set of plans before the first escrow is closed with the first owner of the association. This would include “as built” plans.

The legislation requires that every nine years, associations carry out a visual inspection (by an architect or structural engineer) of a statistically significant sample of elevated structures such as balconies, terraces, stairs and railings. If evidence of water intrusion is found, the inspector must use his or her best professional judgment regarding any further investigation. The legislation does not define what is meant by “statistically significant sample”. Presumably this would have to be determined by the consultants carrying out the inspection.

The legislation requires the inspector to write a report that includes the current condition of the elevated structures, expected future life, anticipated performance, and any repair recommendations. The inspector is also required to notify the local code enforcement agency (city, county, etc.) of any imminent threat to personal safety.

The first inspection must be completed by January 1, 2025. The legislation states that the association’s board of directors will determine whether claims are filed against the builder or developer and that board members affiliated with the builder/developer may not participate in the decision.

NEW REGULATION THAT ALLOWS ACCESSORY HOUSES IN THE COMMUNITIES OF OWNERS

AB670 (Friedman) allows accessory dwelling units within associations, as well as cities, counties, and other jurisdictions. The legislation overrides any CC&R provision or rule that prohibits an accessory dwelling unit on a single-family lot. However, the legislation will allow reasonable restrictions as long as they do not effectively prohibit or unreasonably restrict accessory dwelling units. What is considered a “reasonable restriction” is not defined in the statute. For example, would a provision restricting the number of people who could occupy an accessory dwelling unit be considered reasonable? This is undetermined at this time. An accessory dwelling unit is a second unit on a lot that is separate from or contained within the walls of the house on the lot and consists of up to 1,200 square feet, including a kitchen, bedroom, and bathroom. The legislation also makes reference to a “junior” accessory dwelling unit that can be up to 500 square feet, which must have an exterior entrance and cooking facilities, but may share a bathroom with the main house on the lot.

Associations have concerns related to noise, parking, and insurance related to accessory dwelling units.