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Not anymore. New law gives property owners the right to build second homes on their properties.
By Lisa Esposito
To Increase Affordable housing in California, Governor Newsom signed legislation that encourages homeowners to convert their garages into living spaces and build small dwelling units in their backyards as low-income rentals. On January 1, 2020, new laws went into effect voiding restrictions in planned developments that would prevent the construction of granny flats and the conversion of garages into rental units.
By Melissa Bauman Ward, Esq.
WHEN IS A common area disturbance more than a passing nuisance? When a person who is mentally ill engages in harassing behavior toward others, thus elevating a simple argument into a fair housing claim. As with any situation where competing rights are involved, managing these situations requires a detailed analysis of what rights and obligations are in play and the best way to respond to the various needs while protecting the association from liability.
IS MENTAL ILLNESS A DISABILITY THAT REQUIRES REASONABLE ACCOMMODATION?
As a "housing provider" under fair housing laws, an HOA must provide reasonable accommodations to disabled persons. A mental illness or impairment constitutes a disability if the condition "substantially limits one or more major life activities (e.g., caring for oneself, speaking, learning, working); or the person has a record of such an impairment; or the person is regarded as having such an impairment.1 For our...
By Nick Berg, CMCA, AMS, PCAM
In the Fall 2020 issue of the Communicator, we discuss housing in 2020. Despite softening rental and housing prices due to the pandemic, the Bay Area remains one of the most desirable and unaffordable housing markets in the country.
Faced with housing unaffordability, some families have built granny or in-law units, also known as accessory dwelling units (ADUs), on their property. ADUs can increase density and further burden HOA amenities such as pools, clubrooms and parking. Nevertheless, Governor Newsom, citing the need to increase affordable housing in California, recently signed legislation that voids most HOA restrictions preventing the creation of ADUs.
Many community associations have recreational amenities such as clubrooms, swimming pools and roof decks. We review some of the laws that apply to these amenities. We will also share some best practices for setting rules and polices regarding their operation, as well as enforcement...