Happy New Year! As we enter 2024, California homeowners associations (HOAs) must inform themselves about the latest legislative changes. These updates encompass a range of aspects. They include allowance for completely virtual meetings, clarification of director qualifications, landscaping mandates, and assessment caps. Here is a summary of seven new laws affecting HOAs:
- Virtual Meetings: Civil Code 4926 now permits completely virtual HOA board meetings.
- Membership Quorum: Changes in Civil Code 5115 will aid HOAs struggling to achieve membership quorum by mandating a 30-day advance notice for ballot distribution and permitting the association to adjourn the election to a date at least 20 days later, at which time the required quorum is reduced to 20%.
- Director Qualifications: Civil Code 5105 mandates that seated directors meet the same requirements as candidates. Those who cease being owners are disqualified from the board.
- Two-Unit Condo Associations for ADUs: Government Code 65852.2(10)(A) allows cities to enable homeowners to create their own 2-unit condominium association.
- Balcony Inspection: While not necessarily a new law for 2024, Civil Code 5551 mandates that all HOAs must have their "exterior elevated elements" inspected by an architect or structural engineer before 2025.
- Assessment Caps for Affordable Units: Starting in 2025, Civil Code 5606(c) establishes different assessment caps for units designated as "affordable" in new HOAs. While boards can increase assessments by up to 20% for regular homes, increases on affordable homes are limited to 5% plus the cost of living, for a maximum increase of 10%.
- Non-Functional Turf: Beginning in 2029, Water Code Section 10608.14 (AB 1572) will require all HOAs with non-functional turf to remove it or use non-potable water for irrigation.
As we embrace the changes brought by these new laws in 2024, remember that staying informed and proactive is key to successfully managing your HOA. For a thorough understanding and application of these regulations, consult your HOA's legal team. They can provide detailed guidance and support.
Footnotes & References
- California Legislative Information. Civil Code. Article 2. Board Meetings [4926]
- California Legislative Information. Article 4. Member Election [5105]
- California Legislative Information. Article 4. Member Election [5115]
- California Legislative Information. Civil Code.Article 3. Reserve Planning [5551]
- California Legislative Information. Civil Code.Article 1. Establishment and Imposition of Assessments [5605]
- California Legislative Information. Government Code. Article 2. Adoption of Regulations [65852.2]
- California Legislative Information. AB-1572 Potable water: nonfunctional turf. (2023-2024)
