AB 130 Prohibits Fees Related to ADUs
Dave Wankel, Esq., Iger Wankel & Bonkowski, LLP
While the confusion regarding the new laws restricting a homeowners association’s ability to fi ne members has received most of the attention, one additional line was added to the emergency budget bill that also impacts how homeowners associations operate.
Civil Code section 714.3 has been amended over the years and allows a homeowners association to regulate, but not ban, accessory dwelling units (ADUs) and junior ADUs (JADUs). The change to the law creates a new defi nition of what might be considered a “reasonable restriction” by adding “Reasonable restrictions shall not include any fees or other fi nancial requirements” to Civil Code section 714.3.
This new defi nition of what is and is not “reasonable” essentially eliminates an association’s ability to charge a fee or deposit for
the architectural review of an ADU or JADU application. It should be noted that ADU architectural applications rarely include adding a new ADU structure without modifying any other improvements on the lot, such as landscaping, walls, fences, hardscape, etc. Associations may still be permitted to charge fees and deposits for the review of the improvements that do not fall within the ADU or JADU defi nition.
Including this new language clearly indicates an intent to remove barriers that might make ADUs unaffordable, thus creating roadblocks to the legislature’s intent. But it also increases the burden on the membership by essentially requiring any architect’s or management company fees related to administering or reviewing architectural applications to be subsidized by the entire membership rather than borne by the owner who seeks to profi t from the rental of the ADU.
www.caioc.org
11
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 |
Page 33 |
Page 34 |
Page 35 |
Page 36
