Did you Know?

California Senate Bill 900, which was signed into law in September 2024, has brought significant changes to the California Civil Code by amending Sections 4775 and 5610(c).

Under the updated Section 4775, unless otherwise specified in an association’s declaration, the association is now responsible for repairs and replacements related to interruptions in gas, heat, water, or electrical services that originate in the common area, even if they extend to other areas. If an association faces financial challenges due to these added responsibilities and lacks sufficient reserve funds, it can secure a loan without needing a member vote and levy an emergency assessment to repay the loan.

Election-Year Etiquette: Tips for Keeping Board Meetings Civil

As we are living through an election year, we can expect heightened passion around political views, some of which may surface at our Community Association Board meetings. The energy and enthusiasm that come with election season can sometimes lead to heated debates and discussions.

While Board meetings are an excellent opportunity to address important community issues, they are not intended as platforms for political debate regarding local, state or federal issues. Nevertheless, avoiding political discussions entirely during this period might be challenging due to the current political climate. Open and respectful dialogue is valuable, but it is best conducted in appropriate settings designed for such discussions.

Condominium Balcony, Stair and Walkway Inspections and Repairs: January 1, 2025 State-Mandated Deadline.

Background

On January 1, 2020, the State legislature added California Civil Code § 5551 to require condominium associations with certain elevated exterior elements (“EEEs”) such as decks, balconies, walkways, stairs, and related railings to be inspected by January 1, 2025. This new law is often referred to as the “Balcony Bill” or SB326 as that was the bill number before being passed into law in year 2019. The cause for this legislation was due to the collapse of a balcony that caused several deaths and so the purpose of these inspections is to make sure EEEs are safe to use and if unsafe, limit access until such EEEs are repaired.

ADUs: Strategic Solution to California’s Housing Shortage

Recent California laws enacted in 2023 and 2024, make it easier for homeowners to obtain permits for building accessory dwelling units (ADUs) on their lots. An ADU is an additional residential structure built on the same lot as a primary structure. These new California laws were enacted to increase the housing supply across the state, which, by doing so, significantly amends California state laws in favor of homeowners who want to build ADUs on their properties.  The new laws have an astounding impact on the changes to housing infrastructures. Below is a breakdown of the changes to the process of approving an ADU, the location of where an ADU may be constructed, the allowable size of an ADU, and the occupancy and ownership rights that homeowners now have in relation to their ADU.

The Process

If you have read or watched the news in the last few months, you know that Associations should consider adopting policies to address e-bike safety issues. Some associations may already have rules prohibiting wheeled recreational devices, like bikes, scooters, and skateboards, from being used in the common area where there are likely to be people walking. Of course, every association wants to avoid a resident or guest from being struck. With the recent trend in e-bikes, where top speeds of e-bikes can be 28 mph or higher, associations should be even more concerned as a crash at that speed is likely to result in some damage to person(s) or property.

There is another e-bike concern that association boards may have not considered—the risk of fires. There has been a rise of resident e-bike fires in which buildings have caught fire and people have died. For example, as of the end of October 2022, New York City Fire Department reported that it investigated 174 battery fires (almost double of 2021 (104 fires) and quadruple of 2020 (44 fires)), 6 people died from e-bike related fires, and 93 people were injured.  How does this happen?  The fires are related to the e-bike batteries which are typically made of lithium, a highly combustible and flammable substance.  If a lithium battery is large enough, water or a regular fire extinguisher may not even work to put out the fire. 

The reason for e-bike battery issues seems to stem from overcharging/overheating, using different chargers for multiple batteries/bikes, and the continued use of beat-up old batteries.  Where is this occurring?  These issues appear to be more common in dense, highly urban areas where commuters and delivery persons are more likely to frequently use e-bikes. 

By Leena Danpour, Esq.

California’s Civil Rights Department (CRD), formerly known as the Department of Fair Employment and Housing (DFEH) has the responsibility of enforcing state fair housing laws, such as California’s Fair Employment and Housing Act, which makes it illegal for housing providers[1] to discriminate against tenants with a protected characteristic.[2] 

 Many boards of directors want to gain control or maintain oversight over prospective tenants renting out units in their community, because, in their opinion, many tenants fail to abide by the Rules and other Governing Documents of an association. However, taking on the control and oversight of tenant approval will likely expose the association and board to liability.  Why?  Because they would now be subject to the regulations set forth by the CRD and Housing and Urban Development (HUD), which in turn would subject the association and board to potential discrimination lawsuits from tenants who have not been approved to live at the association. 

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