In recent weeks Gov. Gavin Newsom signed many bills into law that will affect California HOAs in 2020. Upcoming columns will discuss these new laws in more detail, but here are the items that homeowners associations may wish to know and start preparing for with the coming new year.

One of the most significant new laws is Assembly Bill (AB5), which changes the legal definition of employee. This creates a new Labor Code Section 2750.3 and affects any HOA using “independent contractors,” which might be reclassified as “employees.” Under this statute, a worker is an independent contractor if the HOA actually and contractually does not control or direct the person in the course of their work, the work performed is outside the HOA’s normal business, and the worker also normally and independently performs that work for others. The conversion of workers to employee status may create sick leave and other obligations for the HOA, including of course payroll withholding duties.

Senate Bill 652 adds a new Civil Code Section 4706 to the Davis-Stirling Act and prohibits HOAs from banning religious items on entry doors or door frames, as long as the items do not exceed 36 by 12 inches, do not interfere with the door closing, and are not obscene or threatening public safety. The association may require the resident to remove the item during association maintenance, repair, or replacement of the door.

SB323 adds several new requirements to the HOA election process, specifies allowable board eligibility standards, and prohibits HOA suspension of voter eligibility.


AB670 adds a new Civil Code 4751, prohibiting planned development associations from “unreasonably” restricting the construction of accessory dwelling units.

SB326 requires periodic inspection of vertical elements in HOAs. The first inspection must occur by 2025, and again every nine years afterward. It applies to balconies, walkways and other above-ground elements attached to the buildings.

SB754 amends Code Section 5100 and allows associations with 6,000 or more members to forego counting of ballots if the number of candidates at the close of nominations is not more than the number of open board seats.

SB222 adds new language to the Fair Housing laws contained in the Government Code, adding veteran or military status as a new protected class. Discriminations in housing based upon veteran or military status will be just as illegal as race and other illegal discriminations.


AB1596 adds fentanyl to 2005’s Methamphetamine Contaminated Property Act, and requires cleanup in mobile homes including those in mobile home parks. Since there are mobile home parks that are common interest developments in California, the law will apply to some HOAs. The law will permit local health officials to direct cleanup of properties contaminated with fentanyl.

While not legislation signed by the governor, the new California Fair Housing Regulations created by the Fair Employment and Housing Council will take effect in 2020. The regulations are the first state Fair Housing regulations in the country. Also taking effect in 2020 is a new Health and Safety regulation changing the signage requirements for swimming pools regarding unattended children.

There are many changes in 2020 in the laws affecting HOAs, and boards and managers should seek advice from HOA legal counsel regarding how these changes will affect their associations.

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Principal of Richardson|Ober|DeNichilo LLP, a California law firm known for community association advice. Send questions to Kelly@rodllp.com. Past columns at www.HOAHomefront.com