California homeowners’ association (HOA) documents and rules are changing — and these adjustments give homeowners more wiggle room.
Beginning January 1, 2023, Assembly Bill (AB) 1410 will prohibit an HOA’s conditions, covenants and restrictions (CC&Rs) from preventing a member or resident of a common interest development (CID) from using social media or other online resources to discuss any issues of concern to members and residents, including:
- development living;
- association elections;
- legislation; and
- criticisms of the association.
HOAs are prevented from retaliating against a member or resident from exercising their rights to peacefully assemble or use social media to discuss issues about the HOA.
Additionally, in a declared emergency, the HOA is prohibited from taking enforcement actions for a violation of the CC&Rs when:
- it relates to the homeowner’s nonpayment of assessments; and
- the emergency makes it unsafe or impossible to fix the violation.
Further, an owner of a unit in an HOA is exempt from any provision in the CC&Rs which prohibits the rental or leasing out a room in the owner-occupied unit for more than 30 days.
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