See all new real estate laws passed in the 2011-2012 state and 2011 federal legislative sessions.
Topics:
- Electronic transmission regulations for the HOA meetings of a CID
- Construction of active solar energy systems does not trigger reassessment
- A property on which dog- or cockfights take place is a nuisance
Reported by Tara Tran
This legislation amends the Common Interest Development Open Meeting Act by establishing procedures of electronic transmission for the homeowners’ association (HOA) board meetings of a common interest development (CID).
Electronic transmission regulations for the HOA meetings of a CID
Civil Code §1363, 1363.05, 1365.2
Added by S.B. 563
Effective: January 1, 2012
The board members of a common interest development (CID)’s homeowners’ association (HOA) may not conduct a meeting via electronic transmission.
However, electronic transmission may be used to conduct an emergency meeting, under the condition all board members give written consent — filed with the minutes of the board meeting — to conduct the emergency meeting via electronic transmission. Written consent may be transmitted electronically.
A meeting conducted via electronic transmission may include a teleconference in which a majority of board members, in different locations, are connected by electronic means through audio, video or both. A board member is considered to be present at a teleconference as long as he is able to hear the other board members speaking on the issues of the meeting.
All HOA members are entitled to attend a teleconference, or a portion of the teleconference, if the meeting is open to HOA members. The notice of a teleconference must inform HOA members of at least one physical location to attend, except if the meeting is being held in executive session and is thus closed to HOA members. At least one board member must be present at the location and the teleconference, or a portion of the teleconference, must be audible to HOA members present at the location.
HOA members may consent to be notified of meetings held by board members in executive session via electronic transmission. The notice must indicate the time and place of the executive session.
Teleconferenced meetings must continue to protect the rights of all members and comply with the regulations provided by the CID Open Meeting Act.
Reported by Kelli Galippo
This code clarifies the exclusion of an active solar energy system from being considered new construction which triggers property reassessment.
Construction of active solar energy systems does not trigger reassessment
California Revenue & Taxation Code §73
Added by A.B. 15
Effective: June 28, 2011
The construction or addition of an active solar energy system on a property does not qualify that property as “newly constructed,” and thus does not trigger reassessment of the appraised value of the property for ad valorem taxes.
The definition of an active solar energy system has been further clarified as a system that — upon construction as part of a new property or as an addition to an existing property — uses solar devices to collect, store or distribute solar energy.
The exclusion of an active solar energy system from new construction is effective until the property undergoes a change in ownership. It applies to property tax lien dates for the 1999-2000 fiscal year through the 2015-2016 fiscal year.
The exclusion is effective until January 1, 2017. Any active solar energy system that is excluded from being considered new construction before January 1, 2017 will continue to be excluded after January 1, 2017 until the property undergoes a change in ownership.
This law classifies any property used to conduct dog- or cockfighting as a nuisance and allows for the eviction of any tenant who conducts dog- or cockfights on the property.
A property on which dog- or cockfights take place is a nuisance
California Civil Code § 3482.8, California Code of Civil Procedure § 1161
Added and Amended by S.B. 426
Effective: January 1, 2012
Any property used for the purpose of dog- or cockfighting will be declared a public nuisance.
Any tenant who occupies a property, which he maintains as a public nuisance by conducting dog- or cockfights on the premises, may be evicted.
