PROPOSED LEGISLATIVE LIMITATIONS ON DISCIPLINARY ACTION (April 2025)
The California Legislature is working on further limitations to Associations’ power to impose discipline on owners who violate the governing documents. Senate Bill No. 681 (SB681) is currently working its way through the legislative process. In its current form, SB681, if passed, would limit monetary penalties (fines) to a maximum of $100 per violation. It…
MORE POSSIBLE LEGISLATIVE RESTRICTIONS ON ASSOCIATIONS (May 2025)
The California Legislature continues to tinker with the Davis-Stirling Common Interest Development Act, this time via Assembly Bill No. 21 (AB21), which is currently working its way through the legislative process. If passed in its current form, AB21 would do the following: ● Require individual notice both of a proposed change to the operating rules…
LEGISLATIVE ATTACK ON FEES CHARGED BY RESIDENTIAL LANDLORDS (May 2025)
The California Legislature continues its efforts to alter the residential landlord-tenant landscape, this time via Senate Bill No. 681 (SB681), which is currently working its way through the legislative process. If passed in its current form, SB681 would prohibit all of the following: ● Any fee that is not specified in the rental agreement; ●…
CO-TENANCY CLAUSES – ARE THEY ENFORCEABLE? (June 2025)
In a recent case, JJD-HOV Elk Grove LLC v. Jo-Ann Stores, LLC, the California Supreme Court validated certain co-tenancy provisions in commercial leases. Co-tenancy provisions are typically found in retail leases and allow the tenant to pay reduced rent or terminate the lease when an anchor tenant leaves or the overall occupancy level in the center…
BOARD ELECTION QUORUM REDUCTION (June 2025)
A quorum of members/owners is required for elections only if the governing documents (or law) require a quorum. With Board elections, when a quorum is required, the Davis-Stirling Common Interest Development Act allows for reducing the quorum if the required quorum is not attained at the meeting scheduled to count and tabulate the ballots. The…
THE NEUTERING OF DISCIPLINARY ACTION (July 2025)
The Legislature has struck a substantial blow to the enforcement of governing documents by gutting the effectiveness of its primary tool, monetary penalties (fines) and other disciplinary action. Effective immediately, monetary penalties are capped at $100 per violation and cannot exceed the lesser of that maximum or the monetary penalty stated in the fine schedule. …