issues of homelessness and affordable housing into the forefront . The California legislature introduced numerous bills designed to address these issues . AB 3182 is one such newly enacted law which will take effect on January 1 , 2021 .
Among other things , AB 3182 creates a new section of the Civil Code known as Civil Code § 4741 . Under the new law , associations are now prohibited from adopting or enforcing any governing document provision that restricts the rental or lease of separate interests in the association to less than 25 % of the separate interests in the association . Associations are , however , still able to prohibit transient or short-term rentals of 30 days or less .
Of important note , under the new law , associations must amend their governing documents to conform to the new law by no later than December 31 , 2021 . In accordance with the new law , any association that “ willfully violates ” this new law “ shall be liable to the applicant or other party for actual damages , and shall pay a civil penalty to the applicant or other party in an amount not to exceed one thousand dollars ($ 1,000 ).”
Covid in Sacramento
AB 3182 makes clear that accessory dwelling units ( ADU ) and junior accessory dwelling units ( JADU ) cannot be deemed “ separate interests ” by an association . Further , the association may not count a “ separate interest ” as occupied by a renter , if the ADU or JADU of that separate interest is occupied by the owner . Local governing agencies are now given significantly more leeway in approving ADUs and JADUs . In addition , the new law provides that a permit application for the creation of an ADU or a JADU is approved if the local agency has not acted on the application within 60 days .
Associations should consult with their legal counsel on this new law .
Of all the changes that COVID-19 brought , the most prominent and observable one of all is the strength of character of the human race – to persist in overcoming life ’ s most unexpected challenges , to change and adjust as needed , to be innovative in the way we interact , communicate with each other and do business , to continue on a journey that no one ever wanted to be on but to still vehemently believe that better times lie ahead .
Laura Kwiatkowski is an attorney with the Law Office of Laura V . Kwiatkowski where Laura has been representing community associations for over 20 years .
/ cai . sd / in / caisandiego WWW . CAI-SD . ORG | 31