Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Existing law provides that an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any separate interest in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective before the date the owner acquired title to the owner's separate interest. Existing law permits an owner of a separate interest of a common interest development, despite the above provision, to expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. Existing law specifies that an owner's right to rent or lease the separate interest shall not be deemed to have terminated if the transfer meets one of specified conditions, including that the transfer is exempt for purposes of reassessment by the county tax assessor. Existing law makes these provisions applicable only to a provision in a governing document or a provision in an amendment to a governing document that became effective on or after January 1, 2012.
This bill would instead make void and unenforceable any governing document that purports to prohibit the rental or leasing of any of the separate interests in a common interest development. The bill would also provide that an owner of a separate interest in a common interest development is not subject to a provision in a governing document or an amendment to a governing document that effectively prohibits or unreasonably restricts the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant. The bill would make the bill's provisions inapplicable to a provision in a governing document that prohibits short-term rentals of 30 days or less.

Statutes affected:
AB 3182: 13913 WIC
02/21/20 - Introduced: 13913 WIC
05/04/20 - Amended Assembly: 4740 CIV, 13913 WIC
05/07/20 - Amended Assembly: 4740 CIV
AB3182: 13913 WIC