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Q: Regarding your recent article, does the Section 4741 approval of rental caps as low as 25 percent of the HOA mean a HOA such as ours can disallow rentals above that percentage? We are a small community with surging rentals, creating automobile congestion on our streets. P.W., San Diego
A: Civil Code Section 4741, new in 2021, allows HOAs to set rental caps as low as 25 percent. That is a minimum, so HOAs with current caps above 25 percent are unaffected by that aspect of the new law. HOAs adopting a rental cap should remember that Civil Code 4740(a) still applies so that the new cap, which is a partial prohibition, would apply only to owners acquiring title after the date the cap was voted into place.
HOA Homefront — Renting to criminals, move-in fees, and single family concerns
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HOA Homefront – Reader Questions on rental issues
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Q: I am on the Architectural Review Committee for our association. Recently homeowners have asked to attend the meetings. What are the guidelines for homeowner attendance at these meetings? We have said they can sit and observe without comment. Some homeowners have attended strictly to attack the members for what they perceive as a slight to their plan approval process. Should we allow attendance? A.C., Westlake Village
A: HOA committees do not fall under the Open Meeting Act unless a quorum of the board attends the meeting. Then the committee meeting meets the definition of “board meeting” under Civil Code Section 4090. Otherwise, committee meetings are not required to be open to observation. If members are attending just to attack other homeowner proposals, then perhaps the attendance policy should be reviewed. Also, committees are not bound by the Open Meeting Act requirement of an agenda posted 4 days before the meeting.