Legislation

Wednesday, May 1, 2024

IMPORTANT NOTICE | CLIENT ALERT: ENFORCEMENT POLICY & FINE SCHEDULE

On January 1, 2024, the State Legislature enacted Senate Bill 71 (“SB 71”), which increased California’s jurisdictional limits for civil and small claims cases. These thresholds determine whether a case is filed as a “limited” civil case or “unlimited” civil case, or if it falls within the jurisdiction of the small claims court, based on the amount of damages the plaintiff is seeking. 

Prior to SB 71, the jurisdictional limits were lower for both small claims and unlimited civil cases in California. SB 71 increases the jurisdictional limit for small claims from $10,000 to $12,500 for cases filed by individuals and $5,000 to $6,250 for corporations (such as homeowners associations). Furthermore, the amount in controversy for an action to be treated as a limited civil case has risen from $25,000 to $35,000.

Read more . . .


Thursday, February 1, 2024

WATER RESTRICTIONS AND THE FUTURE OF ASSOCIATION LANDSCAPING

Recently the State scaled back water restrictions by allowing the emergency prohibition on wasteful water use to expire. However, this action did not erase the State Water Resource Control Board’s (“SWRCB”) water conservation efforts which remain in place. Accordingly, many of the restrictions on homeowners’ associations remain effective until June 5, 2024, unless the restrictions are readopted by SWRCB. Additionally, AB 1572 which was adopted by the legislature this year and scheduled to take effect in 2029, prohibits associations from using potable water to irrigate any non-functional turf.

Current SWRCB Restrictions

The current water conservation regulations distinguish between functional and non-functional turf.

Read more . . .


Monday, January 15, 2024

SENATE BILL 71

On January 1, 2024, the State Legislature enacted Senate Bill 71 (“SB 71”), which increased California’s jurisdictional limits for civil and small claims cases. These thresholds determine whether a case is filed as a “limited” civil case or “unlimited” civil case, or if it falls within the jurisdiction of the small claims court, based on the amount of damages the plaintiff is seeking. 

Prior to SB 71, the jurisdictional limits were lower for both small claims and unlimited civil cases in California. SB 71 increases the jurisdictional limit for small claims from $10,000 to $12,500 for cases filed by individuals and $5,000 to $6,250 for corporations (such as homeowners associations). Furthermore, the amount in controversy for an action to be treated as a limited civil case has risen from $25,000 to $35,000.

Read more . . .


Monday, November 6, 2023

2023/2024 LEGAL UPDATE


This year’s legislature has enacted several laws which expand on the State’s climate-related and housing availability goals, as well as facilitate board meetings and the transaction of association business. The following is a summary of enacted and pending legislation, court decisions, news, and current events from this past year, which will impact your communities through 2024 and beyond.


ENACTED LEGISLATION
The bills below have been signed and approved by the Governor and will take effect January 1, 2024, as “New Law.”

SB 355: Multi-Family Affordable Housing Solar Roofs

  • What Does Current Law Say? Currently, the Public Utilities Commission oversees subsidy programs for solar energy system (“SES”) installations on multifamily residential buildings that meet certain income and other requirements.
  • What Changed? SB 355 expands the pool of buildings which qualify for these SES incentives, to include low-income residential buildings in which sixty-six percent (66%) of the households have incomes at or below eighty percent (80%) of the area median income, among others.

Read more . . .


Thursday, October 20, 2022

2022/2023 LEGAL UPDATE


This year’s legislature has enacted several laws which are consistent with the State’s goals over the last several years; namely, to increase the availability of housing and address climate change.

 

The following is a summary of enacted and pending legislation, court decisions, news and current events from this past year, which impact common interest developments. Most noteworthy are the new laws, which will impact your community through 2023 and beyond.

ENACTED LEGISLATION

The bills below have been signed and approved by the Governor

and will take effect January 1, 2023, as “New Law.”

SB 897: Accessory Dwelling Units (“ADUs”)

 

What Does Current Law Say? Current laws limit how local governments can restrict ADU and junior ADU construction.
Read more . . .


Thursday, April 21, 2022

Senate Bill 326: Balcony Inspections


On August 30, 2019, the Governor approved Senate Bill No. 326 (“SB 326”), which amends Civil Code Section 5551 and requires associations to conduct an inspection of their exterior elevated elements (i.e., balconies, decks, patios, stairways, walkways, and their railings) and the associated waterproofing systems, to determine if they are in a generally safe condition. The California legislature passed this bill in an attempt to prevent future balcony collapses like the tragedy that occurred in Berkeley in 2015, which left six people dead and another seven injured.
Read more . . .


Sunday, September 5, 2021

Beaumont Tashjian Welcomes its Newest Team Member - Kumar Raja, Esq.

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


Read more . . .


Monday, April 19, 2021

We support SB 391 (Min).

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


Read more . . .


Monday, July 13, 2020

COVID-19: Fitness Center Closures Per Governor Newsom's July 13, 2020 Announcement

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. 


Read more . . .


Monday, January 1, 2018

SB 407 (Wieckowski) Noncommercial Solicitation

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.


Read more . . .


Monday, January 1, 2018

AB 634 - Solar System Requirements

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.


Read more . . .


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