NEW LEGISLATION STATES HOMEOWNERS ASSOCIATIONS MUST COMPLY WITH INFRASTRUCTURE INSPECTION REQUIREMENTS
SB326 (Hill) periodically establishes new requirements for associations to inspect the infrastructure, referenced as elevated structures such as balconies, decks, stairways, and railings. The legislation requires builders of new construction to provide the association with a complete set of plans before the first escrow closes with the first owner in the association. This would include “as built” plans.
The legislation requires that associations conduct a visual inspection (by an architect or structural engineer) every nine years of a statistically significant sample of elevated structures such as balconies, decks, stairways, and railings. If evidence of water intrusion is found, the inspector must use their best professional judgment concerning any further investigation. The legislation does not define what is meant by a “statistically significant sample.” Presumably, this would have to be determined by the inspection consultants.
The legislation requires the inspector to write a report, including the current condition of the elevated structures, the expected future life, anticipated performance, and repair recommendations. The inspector must also notify the local code enforcement agency (city, county, etc.) of any imminent threat to personal safety.
The first inspection must be completed by January 1, 2025. The legislation states that the association’s board of directors will determine whether to pursue claims against the builder or developer and that builder/developer-affiliated board members cannot participate in the decision.
NEW LEGISLATION PERMITTING ACCESSORY DWELLING UNITS IN HOMEOWNERS ASSOCIATIONS
AB670 (Friedman) permits accessory dwelling units within associations and cities, counties, and other jurisdictions. The legislation invalidates any CC&R provision or rule prohibiting an accessory dwelling unit on a single-family lot. However, the legislation will allow reasonable restrictions so long as they do not effectively prohibit or unreasonably restrict accessory dwelling units. What is considered to be a “reasonable restriction” is not defined in the statute. For example, would a provision limiting the number of people occupying an accessory dwelling unit be considered reasonable? This is undetermined at this time. An accessory dwelling unit is a second unit on a lot that is either detached or contained within the walls of the house on the lot and consists of up to 1,200 square feet, which includes cooking, sleeping, and bathroom facilities. The legislation also references a “junior” accessory dwelling unit that may be up to 500 square feet, which must have an outside entrance and cooking facilities. Still, it may share a bathroom facility with the main house on the lot.
Associations have concerns relating to noise, parking, and insurance issues relating to accessory dwelling units