HOAs in California AB 3182 effective 01/01/2021

Terri129
Level 3
Plymouth, CA

HOAs in California AB 3182 effective 01/01/2021

If HOA restricts STRs, it won't apply to people who bought prior to the restriction was made. If owner lives in main house, second unit or other unit on the property, there is no STR restriction no matter when you buy the property. HOA can restrict single residence with no other units to 30days or more but not retroactively. HOA can't restrict rentals to more than 25% of the units. If HOA violates the law it's a $1,000. penalty.

4 Replies 4
Helen427
Level 10
Auckland, New Zealand

Hello @Terri129 & welcome to ABB CC across the miles and oceans from a fellow Host in Auckland, New Zealand

 

Do you have a link for that very important information?

 If so I'm sure others in California would appreciate it as would others who are subject to similar situations.

 

Incidentally, some of those involved in Covid 19 Public Policy are the same ones who instigated Public Health Policies imposing the STR regulations we have world wide been subjected to over the years, they think their ideologies will stop homelessness.

 

Terri129
Level 3
Plymouth, CA
Tom3042
Level 2
Pleasant Hill, CA

This is not correct. While owner-occupied HOA homes can indeed rent any portion of their property and it will not be considered a rental and subject to HOA CC&Rs on rental restrictions, AB3182 makes it clear that HOAs can still require a minimum of 30-days rental period, period. 

Point is: If you live in an HOA, you can airbnb a room or separate ADU while you live on the property, but min rental period is 30 days.

Not so. Room rentals are minimum 30 days. If you have ADU or JADU and you live in one of the three units, the renters are not considered renters and the HOA cannot stop STRs. And if HOA amends governing documents limiting STRs, owners there prior to recording the amendment are not subject to it.