Legislation

Beaumont Tashjian is pleased to announce that Kumar Raja, Esq. has joined the firm.

Kumar S. Raja, Esq. is a senior associate at Beaumont Tashjian, where he primarily handles the Firm’s litigation and enforcement matters. He also provides general counsel services for the Firm's diverse community association clientele on a wide array of subjects, including risk management and corporate governance. His passion is developing creative solutions which foster community harmony. Board member education and support are cornerstones of Mr. Raja's practice. Mr. Raja has over 10 years of experience representing common interest developments.

Mr. Raja holds a Bachelors of Arts degree in Economics from the University of California, Los Angeles (Dean's Honor List), where he wrote for the school's newspaper (Daily Bruin). At Loyola Law School in Los Angeles (J.D. 2002), Mr. Raja participated in the school's Scott Moot Court Program and completed externships at the LA City Attorney's Office and U.S. Bankruptcy Court (Hon. Kathleen March).

Mr. Raja is a proud member of Community Associations Institute (CAI) and has been an invited guest speaker at state and local CACM and CAI chapters throughout the state. He is an award-winning author having written several articles on Covid-19 topics and new legislation affecting common interest developments. 

kraja@HOAattorneys.com | 866.788.9998

SB 391 will allow for common interest developments throughout California to conduct meetings via teleconference during a state of emergency.

As of July 13, 2020, California Governor Gavin Newsom announced that all counties must close their indoor operations in the following sectors:

• Dine-in restaurants;

• Wineries and tasting rooms;

• Movie theaters;

• Family entertainment centers (e.g., bowling alleys, miniature golf, batting cages and arcades);

• Zoos and museums; and

• Cardrooms. 

Bars and pubs across all counties must also close, whether or not they are indoors or outdoors. What is more, counties on the State’s “County Monitoring List”, which include, among others, Los Angeles, Orange, San Bernardino, San Diego, Santa Barbara, Riverside and Ventura, must close the following facilities, unless they can be modified to operate outside:

• Fitness centers;

• Worship services;

• Protests;

• Offices for non-essential sectors;

• Personal care services, like nail salons, body waxing and tattoo parlors;

• Hair salons and barbershops; and

• Malls. 

SB 407 (Wieckowski) Noncommercial Solicitation.
Civil Code §4515
Effective January 1, 2018

SB 407 expanded on existing law which requires associations to provide equal access to common areas for candidates and members for the purpose of advocating a point of view during an election. This bill protects certain free speech rights, i.e., to meet, canvass, and distribute materials of a community association.

AB 634 (Eggman) Solar System Requirements.
Civil Code §714.1, §4600 & §4746
Effective January 1, 2018

Under AB 634, associations cannot establish a general policy prohibiting the installation or use of solar energy systems on the common area roof of the building where the owner resides, or a garage or carport assigned to the owner for exclusive use. Additionally, a vote of the membership is not required to grant exclusive use of common area for such purposes, and associations cannot require approval by a vote of the members as a condition to approval.

Chaptered September 29, 2017

This bill enacts the Building Homes and Jobs Act. The bill imposes a fee, of $75 to be paid at the time of the recording of every real estate instrument, paper, or notice required or permitted by law to be recorded, i.e., Assessment Lien, Release of Lien, Record Request for Notice of Trustees's Deed, Notice of Lis Pendens & Withdrawal, etc. not to exceed $225. By imposing new fees and duties, the bill is intended to create the Building Homes and Jobs Fund which is to be used towards affordable housing, home ownership opportunities, and other housing assistance programs.

This bill takes effect immediately as an urgency statute. However, as of November 9th, the following counties indicated the new law will go into effect as follows:

Los Angeles County - January 2018 (no specific date at this time)
Orange County - January 1, 2018
Riverside County - January 1, 2018
San Bernardino County - January 1, 2018
San Diego County - January 1, 2018
Santa Barbara County - January 1, 2018
Ventura County - January 1, 2018
Kern County - January (no specific date at this time)

As a reminder, the $75 recording fee is a cost that can be added to the delinquent owners account.

The following is a summary of legislation enacted and court decisions from this past year, and news and current events, which impact common interest developments.

ENACTED STATE LEGISLATION

AB 968 (Gordon) Exclusive Use Common Area
Civil Code §4775

Section 4775 of the Civil Code currently holds associations responsible for maintaining, repairing, and replacing common areas while owners are responsible for maintaining their separate interest (e.g., condominium unit or lot) and any attached exclusive use common areas, unless the community's governing documents state otherwise. However, the current law fails to delineate whether associations or owners are responsible for the repairs and replacements of exclusive use common areas if the community's governing documents do not clearly establish same. In trying to clarify the current code's language, the legislature passed Assembly Bill No. 968 to amend Section 4775.

Effective January 1, 2017, associations will be responsible for maintaining, repairing, and replacing the common areas and repairing and replacing the exclusive use common areas while the owners of each unit are responsible for maintaining, repairing, and replacing their units and merely maintaining the exclusive use common areas, unless the community's CC&Rs provide otherwise.

This new bill may affect your community's obligations pertaining to exclusive use common areas. Reviewing your community's governing documents with legal counsel is strongly recommended to ensure that the new Civil Code language does not change how your association assigns maintenance duties. As many community's governing documents do not clearly establish responsibilities for the repair and replacement of exclusive use common areas, associations may now be responsible for them, which could significantly impact your community’s budget.

By Brittany A. Ketchum, Esq.
Published in the CAI-Greater Inland Empire Chapter's Connect 2016 Third Quarter Magazine

 Section 4775 of the Civil Code currently holds associations responsible for maintaining, repairing, and replacing common areas while owners are responsible for maintaining their separate interests (e.g., condominium unit or lot) and any attached exclusive use common areas, unless the community’s governing documents state otherwise.  However, the current law fails to delineate whether associations or owners are responsible for the repairs and replacements of exclusive use common areas if the community’s governing documents do not clearly establish same.  In trying to clarify the current code’s language, the legislature passed Assembly Bill No. 968 to amend Section 4775.

Effective January 1, 2017, associations will be responsible for maintaining, repairing, and replacing the common areas and repairing and replacing the exclusive use common areas while the owners of each unit are responsible for maintaining, repairing, and replacing their units and merely maintaining the exclusive use common areas, unless the community’s CC&Rs provide otherwise.

This new bill may affect your community’s obligations pertaining to exclusive use common areas.  Reviewing your community’s governing documents with legal counsel is strongly recommended to ensure that the new Civil Code language does not change how your association assigns maintenance duties.  As many community’s governing documents do not clearly establish responsibilities for the repair and replacement of exclusive use common areas, associations may now be responsible for them, which significantly impact your community’s budget.