Governor signs Senate Bill 298 Into Law; Unusual Legislation Giving Orange County (California) Community Associations The Ability To Contract For Services With Local Law Enforcement

By David Swedelson, Partner at SwedelsonGottlieb, Community Association Attorneys

SB 298, which adds Section 53069.81 to the Government Code, is an unusual piece of legislation that provides community associations in one county of California with the ability to contract with local law enforcement agencies to provide Vehicle Code enforcement services at the association. We had not heard about this bill until now and do not know why it was limited to Orange County community associations as we know that associations in other parts of the State have a need for help with enforcement of the Vehicle Code on their private streets.

AB 298 authorizes the Board of Supervisors of the County of Orange, or the city council of a city within this county, to contract to provide supplemental law enforcement services to a homeowners’ association on an occasional or ongoing basis to enforce the Vehicle Code on a homeowners’ association’s privately owned and maintained road, as provided by Vehicle Code Section 21107.7.

Word has it that this legislation was proposed by a couple of very large Orange County community associations who want to enforce the vehicle code inside the boundaries of the association and presumably on their private streets. This new law will allow any Orange County community association, gated or not, which has privately owned and maintained roads, and would like to have enhanced services for such things as special occasions or traffic enforcement, to now be able to contract for those services with a law enforcement agency.

Fees for the actual costs of these services will be charged by and paid to the county or city that is providing those services, or as determined by the county auditor or auditor-controller or the city auditor.

If you have an interest in being able to contract with local law enforcement for services related to enforcement of the Vehicle Code in your community that is outside Orange County, let your legislator know and maybe this Bill can be expanded to other counties in California.

David Swedelson is a condo lawyer and HOA Legal Expert. David has served as a Delegate and on the Executive Committee for the California Legislative Action Committee. He can be reached via email: dcs@sghoalaw.com