Update of New Laws for 2015:
Civil Code §4750. Personal Gardens.
This
law allows members to put gardens in their backyard (not front), even
if prohibited by the CC&Rs. CC&Rs cannot prohibit or
unreasonably restrict use of Exclusive Use backyards for personal
agriculture including edible plant crops for personal use or donation
that bear fruits or vegetables but not marijuana or unlawful substances.
Civil Code §§ 4530. Transfer Costs.
1) When
a seller (or seller's escrow) asks for copies of documents in
anticipation of sale, seller (or escrow) has to reimburse the
association.
2) Association cannot charge an additional fee for electronic delivery in lieu of hard copy delivery of documents requested.
3) Association cannot get reimbursed from a buyer.
Civil Code §4735. Fining for Not Watering.
Governing
documents cannot prohibit the use of low water-using plants as a group
or as a replacement of existing turf. Association cannot impose a fine
against a member for reducing or eliminating the watering of
plantings/lawns during a declared drought. There are, however,
solutions:
1)
Create 3-4 attractive "approved" model landscape plans, some of which
use little or no water; 2) identify low-water use plants and add them to
the existing approved plant palettes; and 3) specify a choice of
premium synthetic lawn in architectural standards.
Associations
cannot fine members who choose not to water their lawn during a
declared drought. However, associations can impose fines for "lack of
landscape maintenance".
Civil Code §4736. Powerwashing.
Provisions
of governing documents are void and unenforceable if they require
pressure washing the exterior of separate interests and exclusive use
common areas during a declared drought emergency.
Civil Code § 715. Solar Energy.
Associations
can impose reasonable restrictions that do not significantly increase
cost or decrease efficiency of solar energy systems.
1)
For water heating systems or solar swimming pool heating systems that
comply with law: "significantly" means an amount exceeding 10% of
original system cost, but in no case more than
$1000,
or, decreasing the efficiency of the system by amount exceeding 10%. 2)
For Photo Voltaic systems, "significantly" means an amount not to
exceed $1,000 over the original system cost, or, a decrease in system
efficiency of an amount exceeding 10%.
If
an application is not denied in writing within 45 days from receipt,
the application is deemed approved. If disapproved, the association must
explain why in writing.
Partial Payments for Assessment Collection
Pursuant to new case law, associations must now accept partial payments for delinquent assessment collection.
Did you know, the status of Manager certification(s) must be disclosed annually?
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These were sent out to every Board Member earlier this month & will continue to be sent out annually.
