AB1033 is a California state law passed in October 2023 that aims to promote affordable homeownership by allowing ADUs to undergo inium conversion.
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
Code § 4160.) The majority of the rights granted to members under the association's governing documents or the Davis-Stirling Act therefore do not extend to renters, nor may they be validly transferred to renters.
New California laws taking effect July 1, 2024 ban hidden fees, limit deposits to one month's rent and double the fines for illegal fireworks.
This restriction is less common but may be implemented in communities that value owner-occupancy. In California, however, Civil Code Section 4741 does not allow HOAs to prohibit or unreasonably restrict owners from renting out their homes.
Landlords can't raise rent more than 10% total or 5% + CPI increase (whichever is lower) over a 12-month period. No-fault evictions are prohibited, so landlords can't evict a tenant without cause.
Overview of AB 3182 This legislation's key provision is the limitation it places on HOAs' ability to restrict homeowners from renting out their properties. Specifically, HOAs can't enforce rental caps that limit rentals to less than 25% of the units, nor can they impose upfront fees to lease a property.
Members are usually only those who own the lots within the association. This means that an owner's spouse, attorney, or tenant may not be allowed to attend HOA meetings. Not all HOAs strictly enforce this rule.