Accesory Dwelling Unit
new law provides that a separate interest shall not be counted as being occupied by a renter if the separate interest , or an ADU or JADU of the separate interest , is concurrently occupied by the owner of the separate interest .
In addition to requiring associations to comply with the prohibition on rental restrictions , the new law goes further and imposes an affirmative burden on associations to amend their governing documents to conform to the requirements of Civil Code Section 4741 by December 31 , 2021 . Associations that willfully violate the new law ( presumably including the requirement that they amend their governing documents to conform to the new law ) will be liable for damages and a civil penalty to any owner who might sue the association based on the association ’ s failure to comply with the new law .
All associations should have their governing documents reviewed by legal counsel for compliance with the new law . If the rental provisions in an association ’ s governing documents do not conflict with the new law , then no amendment should be necessary . If , however , any rental restrictions in an association ’ s existing governing documents do not conform to the new law , they will be considered void and unenforceable as of January 1 , 2021 . The association will then need to work with legal counsel to bring its governing documents into line .
Tyler Kerns , Esq ., is a Senior Associate Attorney at Kriger Law Firm in La Mesa . Kriger Law Firm represents community associations in San Diego , Riverside , San Bernardino , Orange , and Los Angeles Counties and surrounding areas .
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