Iger Wankel & Bonkowski, LLP

The California legislature is contemplating a bill that would substantially increase the amount of fines that a municipality may impose for violations of short-term rental ordinances when the infraction is related to public health or safety. The fines would be $1,500 for an initial violation, followed by $3,000 and then $5,000 for every other infraction within the year. Right now, these infractions are limited to $100-$500. Not all municipalities have short-term rental ordinances. An HOA may need to rely on the city or county ordinances because the HOA does not have its own short-term rental regulations or because enforcement can be costly, particularly in the event of an immediate concern for safety. You can read the current status and language of the bill here: https://leginfo.legislature.ca.gov/fa/billTextClient.xhtml

Happy birthday to our very own Denise Iger. She may not be a great ukulele player, but she sure knows her way around a set of CC&Rs. Best wishes to you Denise.

Follow this link to learn about Assembly Bill 3182 and how it impacts a homeowners association's ability to prohibit or restrict rentals in the community. http://www.igerwankel.com/files/Rental%20Restrictions.pdf

There is another doozy being batted around in Sacramento right now. As a result of changes in the law over the last couple of years, an HOAs' governing documents of a planned development may no longer prohibit or unreasonably restrict the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use, with narrow exceptions. AB 3040 would expand the concept and make void any provision that effectively proh...ibits or unreasonably restricts the construction or use of up to 4 primary dwelling units on a lot zoned (or rezoned) for at least 4 dwelling units. In other words, if the zoning allows 4 homes on the lot, then the HOA cannot stop it. "Reasonable restrictions" would be allowed, but the restrictions would be "unreasonable" if the restrictions unreasonable increase costs or effectively prohibit construction. See more

AB 3182 is being discussed up in Sacramento right now. The bill provides that an owner in a homeowners association is not subject to a provision in a governing document that prohibits, has the effect of prohibiting, or unreasonably restricts the leasing of any of the home, accessory dwelling units, or junior accessory dwelling units, except (1) short-term rentals of 30 days or less or (2) adopting reasonable rental restrictions that limit the total number of rentals to 25% of the homes, subject to certain exceptions. or a higher percentage, subject to certain conditions. Make your opinion known to your legislator. https://caiclac.com/advocacy-campaigns/

The Community Associations Institute (CAI) is asking everyone to contact your member of Congress and to urge them to OPPOSE a Nationwide Debt Collection Moratorium. Unlike banks and insurance companies, homeowners associations do not have other sources of income and the associations' expenses have not been significantly impacted by Covid-19. You can use this link to easily reach out to your member of Congress. https://p2a.co/ttC8kpo?

https://youtu.be/ODZE2XgOdGY This Orange County company may have a solution to keep high-use common areas, like elevators and gate latches, effectively sanitized (at least for a little bit). https://www.tscmcorp.com/about-us-1

Use this link to find a discussion on protecting the association's assets during the pandemic. http://www.igerwankel.com//client-alert-tips-on-safeguard/