2020 LEGISLATION UPDATE
with the new laws. Garage conversions and backyard ADUs will exacerbate parking problems, increase the burden on existing amenities, impact rules enforcement, and complicate security. Many associations already have parking problems. ADUs will exacerbate the problem. Associations that require cars be parked in garages may not be able to use the requirement to stop garage conversions. The bill allows one accessory dwelling unit and one junior accessory dwelling unit per lot. That means owners can potentially convert their garage into a JADU and build an ADU in their backyard. In addition, if owners want to create parking additional on their lots, the bill allows for parking in setback areas. That means more vehicles can be parked on a lot and parked closer to neighboring houses.
The bill does allow reasonable restrictions as long as the restrictions don’t unreasonably increase the cost or effectively prohibit the construction of an ADU or JADU. This means associations should be able to make requests go through a standard architectural request process and the association will have a say in things like the aesthetic harmony with existing structures and location.
ASSEMBLY BILL 5
This bill codifies the strict “ABC” test for employee versus independent contractor classification adopted by the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court. All workers are presumptively considered employees and may only be classified as independent contractors if the hiring business demonstrates the worker satisfies each of three conditions: (i) the worker is free from the control and direction of the hiring entity in connection with the performance of the work, both under the contract for the performance of the work and in fact, (ii) the worker performs work that is outside the usual course of the hiring entity’s business, and (iii) the worker is customarily engaged in an independently established trade, occupation, or business. The hiring entity’s
14
failure to prove any one of these three prerequisites will be sufficient in itself to establish that the worker is an employee, rather than independent contractor. This bill could impact associations which rely independent contractors for services.
SENATE BILL 652
Senate Bill 652 prohibits restrictions on the display of religious items on entry doors and door frames of dwellings, provided the item is displayed because of sincerely held religious beliefs. The item displayed can have dimensions up to 3 feet by 1 foot in size. CAI- CLAC was successful in obtaining an amendment to the bill which ensures associations can require the religious items to be removed for maintenance or replacement of the door.
CONCLUSION
A bright spot in the session, Senate Bill 326, sponsored by CAI-CLAC, is discussed in another article.
This
year, more than any in recent memory, will require associations to take action to comply with the legal changes, especially the scary ones. Associations should consult with professionals, especially legal counsel, to ensure compliance. Finally, CAI-CLAC will consider seeking amendments to SB 323. Problems, issues, and other ideas should be submitted to CAI-CLAC’s Legislative Strategy & Research Committee at LSRC@
caiclac.com. Data will be critical to the success of any effort to fix SB 323.
NATHAN R. MCGUIRE is a partner with Adams | Stirling, PLC, in charge of the firm’s Northern Cali- fornia offices, and currently serving as Chair of CAI- CLAC. You can reach Nate at nmcguire@adamsstir-
ling.com or (800) 464-2817.
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32
