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SB900 vote is tomorrow in California Assembly

Started by TerriS6 • 23 replies • 269 views

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TerriS6 (California)
Posts: 3,284
Posted:
SB900 will require homeowners to pay for the “maintenance, repair, and replacement” of gas, electrical, and water lines, even though they don't own them and most of the utility infrastructure is below ground. The new law would apply to condos, townhomes, co-ops, some mobile home parks, and planned developments.

The legislation gives boards the power to levy a new type of emergency assessment that has no dollar limit and requires no homeowner vote. SB900 lets a HOA board declare a health or hazardous condition and then levy an emergency assessment on homeowners.
TerriS6 (California)
Posts: 3,284
Posted:
Link to the bill. https://legiscan.com/CA/text/SB900/id/2942954
SusanO3 (California)
Posts: 163
Posted:
It has no declared support and two opponents (HOA professional orgs) so does this mean it is unlikely to be passed? Seems unlikely to me but I'm not an HOA attorney. What's your take poster? Sue
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TerriS6 on 06/24/2024 8:42 AM
SB900 will require homeowners to pay for the “maintenance, repair, and replacement” of gas, electrical, and water lines, even though they don't own them and most of the utility infrastructure is below ground.
?

The bill does not say this at all.

People should just go to https://legiscan.com/CA/text/SB900/id/2942954
TerriS6 (California)
Posts: 3,284
Posted:
Has already passed the Senate. Here is the Assembly Judiciary Committee analysis:

https://leginfo.legislature.ca.gov/faces/billAnalysisClient.xhtml
KerryL1 (California)
Posts: 14,550
Posted:
free with Elle about what the bill says.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By ElleN on 06/24/2024 9:58 AM
Posted By TerriS6 on 06/24/2024 8:42 AM
SB900 will require homeowners to pay for the “maintenance, repair, and replacement” of gas, electrical, and water lines, even though they don't own them and most of the utility infrastructure is below ground.
?

The bill does not say this at all.

People should just go to https://legiscan.com/CA/text/SB900/id/2942954

That link is not the latest draft; this is: https://legiscan.com/CA/text/SB900/2023

These repairs would be classed as emergencies so boards would not need member approval for assessment.
TerriS6 (California)
Posts: 3,284
Posted:
Decide in haste; repent at leisure.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TerriS6 on 06/24/2024 10:11 AM

That link is not the latest draft; this is: https://legiscan.com/CA/text/SB900/2023
This does not say what you claim.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TerriS6 on 06/24/2024 10:00 AM
Has already passed the Senate.
With 39 senators in favor and 1 senator abstaining.
LetA (Nevada)
Posts: 2,679
Posted:
California, you deserve what you voted for.

On the flip side, I had a friend back east. He owned his house free and clear, Inherited from his parents. The area was a bit
rural suburb with almost all homes in his areas on septic tanks and well water. The regional sewer district sent Mr Slugworth to whisper in some ears
and Voia!! All the homes in the city were required to be on city water and sewer. He had to pay $1000.00 per liner foot frontage.
He had to take out a mortgage on a home he owned free and clear. Yeah, having to pay that kind of money for politicians decisions,
pure rubbish.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By LetA on 06/24/2024 12:15 PM
Yeah, having to pay that kind of money for politicians decisions, pure rubbish.
LetA, if the bill becomes a law, then the new law will require boards to make repairs related to electrical disruptions (for one) within 14 days (or possibly 30 days).

I think this is exactly what you would support in the thread you started recently, concerning a needed electrical repair to an electrical system at your HOA.
KerryL1 (California)
Posts: 14,550
Posted:
What about the proposed bill bothers you, LetA?

Why about the proposed bill bothers you, Terri? CA HOAs' Boards already may levy emergency assessments without owners' votes. What would you prefer to see in such a bill, if anything?
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By ElleN on 06/24/2024 11:16 AM
Posted By TerriS6 on 06/24/2024 10:00 AM
Has already passed the Senate.
With 39 senators in favor and 1 senator abstaining.

Yes, we're from the government and we're here to help you.
SheliaH (Indiana)
Posts: 6,964
Posted:
Quote:
Posted By TerriS6 on 06/24/2024 2:21 PM
Posted By ElleN on 06/24/2024 11:16 AM
Posted By TerriS6 on 06/24/2024 10:00 AM
Has already passed the Senate.
With 39 senators in favor and 1 senator abstaining.


Yes, we're from the government and we're here to help you.

You may not own the lines, but you do use them, and they don't last forever, so what do you want? You'll either pay in higher assessments anyway or your utility bills will skyrocket. As for the board, this is another example of why homeowners need to pay attention to what the board is doing by going to a few meetings once in awhile, asking questions (the simplistic, profound and stupid), request the numbers and read them. It's also why boards need to be upfront with homeowners - nothing they do should ever be a surprise. People won't always like it and the board can and will make mistakes, but more craziness occurs if people don't communicate - and that's a two way street.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KerryL1 on 06/24/2024 1:00 PM
What about the proposed bill bothers you, LetA?

Why about the proposed bill bothers you, Terri? CA HOAs' Boards already may levy emergency assessments without owners' votes. What would you prefer to see in such a bill, if anything?

See original post plus Assembly analysis: 6. Adds gas, water, and electrical components to the visual inspection for reserve study., 7. Expands assessment increases necessary for emergency situations to include operation, repairs, or maintenance of CID where threat to personal health or safety or another hazardous condition or circumstance is discovered on the property.

TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By SheliaH on 06/24/2024 2:47 PM
Posted By TerriS6 on 06/24/2024 2:21 PM
Posted By ElleN on 06/24/2024 11:16 AM
Posted By TerriS6 on 06/24/2024 10:00 AM
Has already passed the Senate.
With 39 senators in favor and 1 senator abstaining.


Yes, we're from the government and we're here to help you.


You may not own the lines, but you do use them, and they don't last forever, so what do you want? You'll either pay in higher assessments anyway or your utility bills will skyrocket. As for the board, this is another example of why homeowners need to pay attention to what the board is doing by going to a few meetings once in awhile, asking questions (the simplistic, profound and stupid), request the numbers and read them. It's also why boards need to be upfront with homeowners - nothing they do should ever be a surprise. People won't always like it and the board can and will make mistakes, but more craziness occurs if people don't communicate - and that's a two way street.

A meeting where members could attend would not be necessary.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By TerriS6 on 06/24/2024 2:21 PM
Yes, we're from the government and we're here to help you.
If you think a statute requiring the board to fix certain infrastructure within 30 days is a bad thing, then you have not been reading here enough.
KerryL1 (California)
Posts: 14,550
Posted:
Terri, CA Boards may make emergency decisions & assessments already without an open meeting in CA.. As you well know, such emergency decisions are the only decisions CA Boards may make by "taking action without a meeting," i.e., via online. Still their decisions or resolution must be memorialized with an explanation a justification , etc., in minutes that must be filed with the next open board meeting minutes.

Reserve specialists do not examine any potential components they cannot see. They do not do destructive testing to look into walls, etc. Components needed to keep water going to our high rise units on already on the reserve study, e.g., valves, booster pumps, etc. "Plumbing inspection evaluation" is in our study. Al of the interconnected plumbing and electrical comments are in our reserve study.

I think it's possible that due to your HOA's reserve study having solely aspects of your roads and your mailbox cluster on it--i.e., your only common area components, period, the huge number of elect. & water-RELATED compnevt aren't familiar to you.

in emergencies, boards & their mgmt., if they have same, rely on professional experts concerning what needs to be done and how. Such experts advise the board quickly and the Board decides. We are talking about true emergencies that threaten life & safety.

TerriS6 (California)
Posts: 3,284
Posted:
What I see in the legislature is continual attempts to erode consumer protections.
KerryL1 (California)
Posts: 14,550
Posted:
In what way, Terri? I must be missing something. This doesn't feel like a "consumer protection" topic.
SheliaH (Indiana)
Posts: 6,964
Posted:
I don't live in California, but took a look at the bill - here's a link and some other stuff from the guy who sponsored it:

https://sd34.senate.ca.gov/sb-900#:~:text=SB%20900%3A%20Common%20Interest%20Developments,10%20days%20of%20a%20disruption.

The latest version of the bill (as of June 5 reads:

SECTION 1. Section 4775 of the Civil Code is amended to read:
4775. (a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.
(2) (A) Unless otherwise provided in the declaration of a common interest development, or unless the utility service that failed is maintained, repaired, or replaced by a public, private, or other utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest.
(B) This paragraph does not change any legal duty or obligation of a utility company or local government to repair or replace items pertaining to gas, heat, water, or electrical services.

If you look at the bill, you will note some words have been crossed out or added, so please pay attention to those parts. I don't know if this addresses Terri's concerns, but if it , doesn't, my original suggestion stands - contact the representatives for your area, the guy who wrote the thing, etc. The bill was introduced Jan. 3, it's been amended four times since then, and it still isn't over. I assume the California state legislature has a conference committee where bills are discussed again to clean up whatever objections people had before it gets to the governor, who may or may not sign it.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KerryL1 on 06/24/2024 7:38 PM
In what way, Terri? I must be missing something. This doesn't feel like a "consumer protection" topic.

The Davis-Stirling Act is consumer protection law.
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By SheliaH on 06/25/2024 5:59 AM
I don't live in California, but took a look at the bill - here's a link and some other stuff from the guy who sponsored it:

https://sd34.senate.ca.gov/sb-900#:~:text=SB%20900%3A%20Common%20Interest%20Developments,10%20days%20of%20a%20disruption.

The latest version of the bill (as of June 5 reads:

SECTION 1. Section 4775 of the Civil Code is amended to read:
4775. (a) (1) Except as provided in paragraph (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.
(2) (A) Unless otherwise provided in the declaration of a common interest development, or unless the utility service that failed is maintained, repaired, or replaced by a public, private, or other utility service provider, the association is responsible for repairs and replacements necessary to restore interrupted gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest.
(B) This paragraph does not change any legal duty or obligation of a utility company or local government to repair or replace items pertaining to gas, heat, water, or electrical services.

If you look at the bill, you will note some words have been crossed out or added, so please pay attention to those parts. I don't know if this addresses Terri's concerns, but if it , doesn't, my original suggestion stands - contact the representatives for your area, the guy who wrote the thing, etc. The bill was introduced Jan. 3, it's been amended four times since then, and it still isn't over. I assume the California state legislature has a conference committee where bills are discussed again to clean up whatever objections people had before it gets to the governor, who may or may not sign it.


Thank you. I posted mainly to reach Californians who didn't know about it.

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