This law applies to planned communities and condominiums.
A majority of the board can vote to amend the CC&Rs without a vote of the membership to remove unlawful provisions in the CC&Rs which violate fair housing laws. “Unlawful restriction” means a prohibition, restriction, covenant or condition in a document that interferes with or restricts the transfer, use or occupancy of real property on the basis of race, color, religion, national origin, sex, familial status or disability in violation of state or federal law.
This new law also provides a specific procedure for members of the association to request the board to remove unlawful restrictions in the CC&Rs which violate fair housing laws (and a 90 day time period for the board to act on that request).
Any amendments under this section must contain specific language outlined in the statute and shall be recorded with the county recorder.
If you have questions about this new law, please reach out to our office at info@mulcahylawfirm.com. Click HERE to access the chaptered version of the new law.
