Governor Gavin Newsom has just signed more laws that can and will impact Homeowner Associations including ours. The laws reduce the authority of local government and homeowner associations to deal with land use. The Davis Stirling website provides a great summary. Click here.
Recently one of our association members, Art Roberts, shared a summary of the impact of these laws he found online. He provided our members a real service. One of the goals of the legislature is to increase more affordable housing plus housing for the homeless. One vehicle the legislators believe is the conversion of garages into legal living spaces. These new California Laws trump HOA CC&Rs.
Here is the text of the analysis provided by Art that analyzes the impact of the law.
To increase affordable housing in California, Governor Newsom signed Assembly Bill 670 into law. The legislation encourages owners to convert their garages into living spaces and build small accessory dwelling units (ADUs) in their back yards as low-income rentals. Gov. Newsom also signed a number of companion bills to facilitate the construction of ADUs: •AB 68 reduces barriers to ADU approval and construction.
•AB 587 provides an exemption for affordable housing organizations to sell deed-restricted land to eligible low-income homeowners.
•AB 671 requires local governments to encourage and expedite ADU rentals and requires the state to develop a list of state grants and financial incentives for affordable ADUs.
•AB 881 restricts local jurisdiction permitting criteria so ADUs will receive streamlined approval if constructed in existing garages.
•SB 13 lowers application approval times and provides a mechanism to get unpermitted ADUs up to code. Effect on Associations. The legislation voids any restrictions in governing documents that prohibits the construction of ADUs. Townhomes with garages and single-family planned developments will face significant challenges complying with the new laws. Garage conversions and backyard ADUs will exacerbate parking problems, increase the burden on existing amenities, impact rules enforcement, and complicate security.
RECOMMENDATION: Contractors are already advertising their services to convert garages and build backyard ADUs. Our firm is developing guidelines for associations we represent so they can cope with the impact this legislation will have on communities. The laws take effect January 1, 2020. We recommend all associations start revising their architectural guidelines and rules & regs in anticipation of the new requirements. Boards can contact us for assistance preparing guidelines.
Board Meeting Discussion – We have a board meeting Thursday night and we have asked Doug Oliver, the Chief Building Official of Calaveras County, to discuss the impact of these new laws.
We are now in the process of electing a new Copper Cove Association Board of Directors. Regardless of who is elected, the new board will need consider obtaining expert counsel to protect the property rights of our members. This will include an assessment of the current CCA CC&Rs and the protection they provide our members from the growing regulations and controls placed on our properties by the state of California.