By Brian D. Moreno, Esq., CCAL, CAI-CLAC PR Committee Member
COVID-19 has had significant changes to our industry and how events are conducted. Just like last year, CAI-CLAC was not planning to conduct its 2021 CAI-CLAC Annual Planning Meeting (APM) virtually, but given the status of the ongoing global pandemic, the 2021 APM was again held virtually. While most would prefer an in-person event, meetings held virtually offer several benefits, including increased participation. There were a total of 110 attendees at the 2021 APM.
“Leveraging virtual communications in 2021 allowed us to remain connected with our members and state legislators,” said Jeffrey Beaumont, CAI-CLAC Chair. “Virtual communications has allowed more of our community association homeowners, managers and business partners participate in the legislative process.”
The meeting began with CAI-CLAC Executive Committee member introductions, and a report indicating that we honored one member with the distinction of Emeritus Delegate. It was our greatest pleasure to recognize Nathan McGuire, Esq. as Emeritus Delegate, for his years of dedication to serving community associations through CAI-CLAC. Congratulations to Nathan for a well-deserved recognition.
The Delegates then received a report recapping the 2021 legislative session from Louie Brown, CAI-CLAC Advocate, Kieran Purcell, Esq., CAI-CLAC Vice Chair, and Thomas Ware, Esq., Legislative Co-Chair. Several positive outcomes were reported. Overall, 2021 was a successful year, achieving many objectives set out by the CAI-CLAC Executive Committee and industry partners. We encourage you to review the CAI-CLAC 2021 Accomplishments, here.
As we look ahead, several important legislative topics were identified for the 2022 legislative session. The three main topics of discussion are recapped below.
First, the attendees discussed significant condominium disaster Issues, noting the high level of interest in proposing legislation that would set minimum reserve requirement standards. Also included in the disaster discussion was potentially expanding the definition of emergency assessments to include assessments to address structural issues; authorizing boards to secure loans to address, structural and/or life-safety issues; mandatory structural inspections; insurance coverage funding issues; and building code inspections and compliance. Ultimately, there was support for the formation of multiple task forces at a future date to investigate and provide recommendations to the Delegates to address these topics.
The second major topic discussed was short-term rentals and the “clean-up” of current laws affecting such rentals, including AB 3182 (Ting), Civil Code sections 4740 and 4741. There was further discussion regarding potentially reversing the Brown v. Montage at Mission Hills appellate court decision, which held that the owner-plaintiff was exempt from an amendment to the governing documents prohibiting short-term rentals. The court interpreted Civil Code section 4740(a) to mean that CC&Rs amendments prohibiting short-term rentals will not apply to owners that acquired title prior to the amendment. Given the importance of these issues, the Delegates passed a motion to refer these issues to an appropriate task force to investigate and provide recommendations to the Delegates at a future date.
In addition to the foregoing issues, there was also a discussion about recent Federal decisions that have held association assessment liens to be enforceable only for the amounts included on the face of the lien. Such limitation would have significant impact on our industry, especially with regard to the costs associated with pursuing collection of delinquent assessments. This issue is being kept as a legislative priority for the 2022 legislative session.
Finally, there was a discussion regarding the SB 432 (Wieckowski) clean up of procedures governing the qualifications and election of members of the board of directors that were not achieved in the 2021 legislative session. This item was referred to a task force to investigate and provide recommendations to the Delegates at a future date.
These and other topics of discussion will continued to be discussed among the CAI-CLAC Executive Committee, Delegates, and Liaisons through out the remainder of the year. To learn more about your CAI-CLAC Chapter representatives, please click here.
“Getting involved with CAI-CLAC offers those who live in and work for California community associations several benefits,” explains Kieran Purcell, CAI-CLAC Vice Chair. “It’s a pleasure to work with my fellow CLAC Delegates and Executive Committee members. I have learned and continue to learn a lot from them.”
We encourage you to stay involved and informed the remainder of the year. Please subscribe to our email list and follow us on Facebook, Twitter and LinkedIn for real-time updates. Thank you for all your help this legislative session! If you have any questions, you can contact us at firstname.lastname@example.org.
Brian D. Moreno, Esq., CCAL has been practicing common interest development law in California since 2003. Brian is also licensed to practice law in the State of Arizona. His litigation and general counsel practice encompasses the representation of community associations of all types and sizes.