AB 3182 – Mandatory CC&R Amendment and Proposed Amendment to the Aria Project Handbook (Rules)
Posted By mcooper on May 11, 2022
To: All Aria Members
The Board recently approved two proposed governing document changes to be presented for general notice to the membership and open a 28-day comment period where owners can submit written or emailed comments on those proposed changes to the CC&Rs and Project Handbook governing documents. You should have received in your email a form to provide any comment on either the Proposed CC&R change or Proposed Project Handbook (Rules) change. Please date, identify your property address, print your name and sign this form. Anonymous/unsigned comments will not be considered.
Please submit your written comments in person, by mail, or email to the General Manager, Morgan Cooper, at firstname.lastname@example.org. Management will forward your comments on both/either Mandatory CC&R Amendment and/or the Proposed Project Handbook Amendment to the Board for its review. Alternatively, you may provide your comments verbally to the Board during Homeowner Open Forum at the Board meeting on June 27, 2022, at 6:00 p.m. where all comments will be reviewed and considered. Any written comments received after 5 p.m. on June 17th will not be considered.
Please carefully review the following:
- First will find the Proposed Mandatory CC&R Amendment – Please feel free to submit comments on this proposed CC&R change by 5 p.m. on June 17th. Complete documentation of the CC&R update as it would be submitted in final form was circulated via email.
- Next you will find and Proposed Amendment to the Aria Project Handbook (Rules). Please feel free to submit comments on this proposed CC&R change by 5 p.m. on June 17th.
For the Board of Directors
Aria Homeowners Association
–AB 3182 – Mandatory CC&R Amendment
As you may be aware, California Assembly Bill 3182 was recently signed into law codifying new Civil Code Section 4741. The purpose and effect of the new law was to, among other things, limit the Association’s authority to set minimum rental periods in their governing documents. More specifically, the new law (1) prohibits the Association’s governing documents from requiring a minimum rental period of more than thirty (30) days; and (2) mandates that the Board of Directors adopt and record a conforming amendment to bring the CC&R rental restrictions into compliance with this new law if the current minimum rental period exceeds thirty (30) days.
Currently, Article 7, Section 7.3 of the CC&Rs (as amended) permits Owners to lease their Units for initial rental periods of not less than one (1) year. Accordingly, the Board of Directors is required to adopt and record a conforming amendment to set the minimum rental period to thirty (30) days. Please note that the amendment has been drafted such that should the law change again allowing a longer minimum rental period greater than 30 days, the amendment permits the Association to automatically change to that longer minimum rental period without the need for another CC&R amendment.
Pursuant to Civil Code Section 4741, before the amendment can be adopted and recorded, the Board is required to provide general notice of the proposed amendment and to the members for a 28-day comment period. Accordingly, a proposed draft of the amendment is enclosed for your review and comment.
The text of the proposed CC&R Amendment Article 7, Section 7.3 of the CC&Rs is as follows:
Section 7.3 Rental of Condominiums. Each Owner shall have the right to lease or rent the Owner’s entire Condominium (but not a portion thereof) provided all agreements or other similar contracts that seek to lease or rent a Unit shall be in writing and signed by the parties to such agreement. Any Owner that rents their Condominium shall submit the names and contact information for their tenants to the Association’s management company prior to the time the tenants move into the Condominium. All rentals must be for a term of not less than thirty (30) consecutive days, except an Owner who is a lender in possession of a Condominium following (i) a default in a first mortgage, (ii) a foreclosure proceeding or (iii) any deed or other an-angement in lieu of foreclosure. This thirty (30) day minimum rental period shall remain in effect for so long as that is the maximum permitted by law, but should the law change such that this minimum period can be increased, the Association shall automatically adjust to the longer period up to a maximum of a one year rental period subject to Board approval. Condominiums may not be rented for hotel, motel, timeshare or other transient purposes or any other purpose inconsistent with the Declaration. Tenants shall comply with all provisions of the Governing Documents, and any violation thereof will constitute a default under any lease. If a tenant or resident violates the Governing Documents resulting in a Reimbursement Assessment, all Owners, residents and tenants associated with the Unit will be jointly and severally liable to pay the assessment. Owners must give tenants copies of this Declaration, the Bylaws, and Rules. If a violation of the Governing Documents is committed, for which there is no adequate remedy at law, the Association shall have the right to commence legal proceedings against both the Owner(s) and Tenants and obtain injunctive relief or other relief relative to the particular violation.
Please be advised that if you wish to provide comments to the Board concerning the proposed amendment, you may email your comments to the community manager, Morgan Cooper, at email@example.com who will forward your comments to the Board for its review. Alternatively, you may provide your comments to the Board at the Board meeting on June 27, 2022, at 6:00 p.m. where all comments will be reviewed and considered. Any written comments received after 5 p.m. on June 17th will not be considered.
–Proposed Amendment to the Aria Project Handbook (Rules)
Pursuant to Civil Code 4360, the Board of Directors will also be considering a proposed operating rule change at the Board of Directors meeting to be held at Aria, 1441 9th Avenue, San Diego, CA 92101 on June 27, 2022, at 6:00 p.m. If you wish to make any written comments on this proposed operating rule change, please indicate your comments in the space designated below and return it to management’s office or send via email to firstname.lastname@example.org so it can be delivered to the Board prior to the Board Meeting. Alternatively, you may provide your comments to the Board at the Board meeting on June 27, 2022, at 6:00 p.m where all comments will be reviewed and considered. Any written comments received after 5 p.m. on June 17th will not be considered. Any and all comments made at the Board Meeting will be subject to the standing rules of the Board related to member comments at Board meetings.
The text of the proposed BALCONIES, PATIOS, DECKS AND ROOF TERRACES rule change is as follows:
• Residents are only allowed to have one (1) propane tank of up to 5lb capacity for each piece of gas-operated furnishings in their unit or patio space.
• Heat lamps are prohibited in all units that have structures above their patio space.
• All residents utilizing open flames in their unit or patio are required to have a fire extinguisher.
A description of the purpose and effect of the proposed rule change is as follows:
Due to a recent incident where a propane tank exploded on a balcony, the Board of Directors has taken steps to minimize the chances of this happening in the future. The rule was created to reduce the risk of this known fire hazard.
Member Comments: If you wish to provide written comment, please indicate your comments in the space below and return this form to Aria, Attn: General Manager Morgan Cooper; 1441 9th Avenue, San Diego, CA 92101, Unit 138. Please date, identify your property address, print your name and sign this form. Anonymous/unsigned comments will not be considered.