3182 LEGISLATIVE UPDATE: AB 3182
RENTAL RESTRICTIONS O
ver the past few years, the State Legislature has been adopting laws
that diminish the power of homeowner associations to determine what is best for their communities, and 2020 was no different. Assembly Bill 3182 (AB 3182) hampers the ability of associations to restrict rentals in their communities. AB 3182 took
news is that many other types of rental restrictions are now unenforceable, and associations must take immediate action to amend their governing documents to remove voided provisions, or face damages and penalties.
BACKGROUND AND OVERVIEW
effect on January 1, 2021.
Over the years, California courts have
The good news is that associations may
associations to reasonably regulate rentals
still impose certain rental caps and prohibit short-term rentals (30 days or less). The bad
4 The Law Journal Spring 2021 | cacm.org
consistently upheld the authority of in their communities. In 1981, a court recognized the need to promote the
BY MICHAEL J. ALTI, ESQ.
health, happiness and peace of mind of homeowners, which is why “it is essential to successful condominium living and the maintenance of the value of these increasingly significant property interests that the owners as a group have the authority to regulate reasonably the use and alienation of the condominiums” (Laguna Royale Owners Assn. v. Darger (1981) 119 Cal. App.3d 670, 682). AB 3182 chips away at this established authority of associations. It amends Civil
