BILL ANALYSIS
AB 2376
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CONCURRENCE IN SENATE AMENDMENTS
AB 2376 (Bates)
As Amended July 6, 2004
Majority vote
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|ASSEMBLY: |76-0 |(May 20, 2004) |SENATE: |39-0 |(July 29, |
| | | | | |2004) |
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Original Committee Reference: H. & C.D.
SUMMARY : Requires a homeowner association to provide a fair and
reasonable process for reviewing a request by a homeowner for a
physical alteration to their unit or common area.
The Senate amendments :
1)Require a homeowner association to comply with provisions of
the Fair Employment and Housing Act when reviewing a request
by a homeowner for a physical alteration to their unit or the
common area.
2)Add double joining language to avoid a conflict with AB 1836
(Harman), pending in the Senate.
3)Make technical non-substantive amendments.
AS PASSED BY THE ASSEMBLY , this bill required a homeowner
association to provide a fair and reasonable process for
reviewing a request by a homeowner for a physical alteration to
their unit or the common area. Specifically, this bill :
1)Required that a homeowner association provide within their
governing documents a fair, reasonable and expeditious process
for reviewing proposed physical design alterations by a
member.
2)Required that a homeowner association provide within their
governing documents a prompt deadline for responding to a
request by a homeowner to make a physical alteration to their
unit or common area.
3)Required that a homeowner association provide within their
governing documents a maximum time for responding to an
AB 2376
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application or request for reconsideration from a homeowner
applying to make a physical alteration to their unit or common
area.
4)Required that a decision on the proposed change be made in a
good faith manner.
5)Required a decision to be made in writing and if denying a
request to include a description of why the proposal was
disapproved and the process for seeking reconsideration by the
board of directors.
6)Required that a homeowner association provide members an
annual notice of the requirements for approval of a physical
change to a unit. Required the notice to include the types of
changes that require approval and the procedure used to review
proposed changes.
7)Provided for the right of appeal at an open meeting of the
board of directors unless the denial was by the board or a
body that has the same membership as the board of directors,
during an open meeting.
8)Provided contingent enactment language.
FISCAL EFFECT : Unknown
COMMENTS : The governing documents of many homeowner
associations (association) require approval of the association
before a homeowner can make a physical change to his or her
home. For example, a homeowner might be required to obtain
association approval before adding a room, choosing a color of
exterior paint, or planting flowers in a front yard. This bill
addresses the impression by many homeowners that the process for
approval may be capricious or arbitrary.
This bill is contingent upon passage of AB 1836, which would
implement the California Law Review Commissions' recommendations
with regard to alternative dispute resolution in common interest
developments.
AB 2376 was amended in the Senate to make clear that a homeowner
association must comply with fair housing law when making a
decision in regard to proposed physical alterations of a
homeowners' unit or common area.
AB 2376
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Analysis Prepared by : Lisa Engel and Jay Barkman / H. & C.D.
/ (916) 319-2085
FN: 0006872