NEW HOA LAWS for 2023

NEW HOA LAWS for 2023

Below is a helpful tip from the Newsletter by ADAMS | STIRLING PLC regarding the new HOA laws for 2023. It reads as follows . . .

We can breathe a sigh of relief. The Legislature is out of session. We tracked a number of bills affecting associations–several of which died and one was vetoed. The bills that passed take effect on January 1, 2023. While this year’s bills don’t have significant impact, there are some you want to pay attention to.

Assembly Bill 1410. This is the bill everyone’s been talking about. CAI-CLAC mounted an opposition campaign due to the bill’s onerous requirements and was successful in minimizing the damage. The bill does three things.

Assembly Bill 1738. This bill requires changes to the California Building Standards Code in the next few years to provide for the installation of EV charging stations in parking areas of existing multifamily dwellings and commercial developments whenever certain upgrades are made which require a permit. We will continue to track and report on changes.

Senate Bill 897. This bill eliminates local restrictions on ADUs, including some which would make it easier to convert or demolish a garage to build an ADU/JADU. It also allows ADU heights of 16-18 feet or more (depending on the circumstances) and eliminates any decisions by a public official which aren’t determined on an objective standard. This does not preclude an association from imposing subjective standards in the architectural review process, as long as they don’t unreasonably increase the cost to construct or effectively prohibit the construction of an ADU/JADU.

RECOMMENDATION: AB 1410 and SB 897 may conflict with your association’s governing documents. Boards should have legal counsel determine if any changes should be made. The Legislature is pushing hard on ADUs (a little too hard). Boards of planned developments should adopt ADU Policies. Make sure to check out our New Laws page for a summary of 2022’s legislation and case law. Contact Us if you need assistance.

DISCLAIMER. The Newsletter by ADAMS | STIRLING PLC provides commentary only, not legal advice. For legal advice, you’ll need to hire legal counsel.  You can hire ADAMS | STIRLING PLC; Keep in mind they are considered corporate counsel to associations only.