Posted on March 30, 2015by Rachael Harrington and Shani Zakay, Esq.
Going green: Solar energy is a hot topic with the legislation having already
amended Civil Code § 714 to make it easier and more cost effective
for homeowners to have and install solar energy systems.1 Brace yourself; more changes are on their way! The legislature has introduced
a bill that would effectively make clotheslines solar energy systems.2 This bill will amend Civil Code § 714(a) to provide:
Any covenant, restriction, or condition contained in any rental agreement,
lease, deed, contract, security instrument, or other instrument affecting
the transfer or sale of, or any interest in, real property, and any provision
of a governing document, as defined in Section 4150 or 6552, that effectively
prohibits or restricts the installation or use of a solar energy system,
including a clothesline, is void and unenforceable.
Should this bill pass, associations will have to allow homeowners line-dry
their clothes with little regard to the impact the clotheslines have on
the aesthetic appeal of the community.
Adding to the Annual Budget Report: We are all familiar with the annual
budget report and the extent to which associations are required to provide
homeowners with an abundance of information as enumerated in the Civil
Code § 5300 and possibly the CC&Rs. The list of information to
be provided is growing, as the legislature has introduced an assembly
bill that would require Associations to also inform the homeowners of
the Association's FHA status.3
This bill will amend the Civil Code § 5300 to include subsection (10),
which will require associations to include the following in their annual
budget report, "[a] statement describing the status of the common
interest development as a Federal Housing Administration (FHA)-approved
condominium project pursuant to FHA guidelines, including whether the
common interest development is an FHA-approved condominium project."
Additionally, Civil Code § 5810 will be amended to require Associations
to provide the homeowners notice of any changes to the FHA status as soon
as is practical.
These bills are currently pending, and have not become law yet. Our office
will monitor and continue to update you once the bills are voted on.