In typical years the Legislature considers a handful of bills concerning HOAs, but 2021 is an unusually heavy year. There are at least 20 bills pending that reference or directly affect common interest developments. Many are technical, but a handful of bills propose to make significant changes (some good and some bad) to California associations. This column addresses five bills in which their current form would help HOAs, and a follow-up e-blast will cover some unhelpful bills.
Senate Bill 392
This Senate Bill is sponsored by the California Association of Realtors and authored by Senators Archuleta and Hueso. It would help HOAs by amending Civil Code Section 4040(a) so that starting in 2023, HOAs could use email as the default method of sending documents or notices to members. Members could still opt for postal mail but most presumably would accept electronic mail, thereby saving association time, resources, and cost. The bill also would require HOAs of over 49 members to have websites providing general information to members unless two-thirds of the members voted otherwise.
Thanks to Kelly G. Richardson, Esq, Richardson Ober DeNichilo, for providing information on this subject.