2018 NEW LAWS
Important New Laws Enacted In 2017
- Civil Code § 4528
Effective January 1, 2018, Civil Code § 4528 now provides a statutory disclosure form
for a homeowners association to complete and give to a seller of a unit, at no cost to the seller, to include copies of relevant association information to a buyer such as Articles of Incorporation, Bylaws, rental restrictions, annual budget, insurance coverage, required statement or fees, and minutes of regular board meetings for the past 12 months.
- Civil Code § 4515
Civil Code § 4515 has been added to preclude an HOA from charging a member a fee or
deposit or to pay an insurance premium to use the association’s common area including clubhouse or other common area facilities for free speech activities. An aggrieved member can now sue and obtain a Temporary Restraining Order to enjoin enforcing any governing document of the HOA which otherwise may allow such charges to a member.
- AB No. 1108
AB No. 1108 which amends B&P § 21707 et al. now requires a 14-day notice to the
occupant of space at a private storage facility of intended lien sale of stored items if payment to cure arrears on account is not received. The notice shall contain a blank declaration for the occupant to sign opposing the lien sale.
About the Author
Scott Souders is a real estate attorney who has practiced real estate law in excess of 42 years in Southern California. The Real Estate Law Update cites cases or statutes which are summarized and should not be relied upon without fully reading the cases or statute in the advance sheets and shepardizing the same and consulting with your own attorney.