New Legislation Affecting Homeowners Associations

In January 2020 several new laws is going to take effect affecting Homeowners Associations along with their residents. Here are three legislations which will affect you:

NEW LEGISLATION ESTABLISHES THAT PERSONS WORKING FOR HOMEOWNERS ASSOCIATIONS AND OTHER BUSINESS ENTITIES ARE MORE LIKELY TO BE CONSIDERED TO BE EMPLOYEES THAN INDEPENDENT CONTRACTORS

AB5 (Gonzalez) establishes that persons doing work for a homeowners association and other business entity may well be more likely to be termed an employee than a private contractor. This legislation states which a person providing labor or services for compensation is considered to be a worker rather than an impartial contractor unless the employer proves consume:

1. The worker cost nothing from the management of the hiring entity;

2. The worker performs work beyond the scope with the hiring entity’s business; and

3. The worker has his very own independent business.

A gardener hired with the homeowners association to complete routine gardening work might be considered to be a member of staff of the association rather than an impartial contractor however the gardener’s company is an outside legal entity, specifically if the association controls the job performed from the gardener and part with the association’s responsibility includes gardening.

NEW LEGISLATION REQUIRES THE HOMEOWNERS ASSOCIATIONS TO ALLOW DOORS AND DOOR FRAMES TO CONTAIN RELIGIOUS ITEMS

SB652 (Allen) requires homeowner associations allowing residents to set religious items on doors and door frames of residences if your items meet certain reasonable size as well as other criteria established through the association, provided the products are installed based on a sincerely held religious belief. The legislation will not define what’s meant with a “sincerely held religious belief.” Also, the legislation doesn’t define precisely what is meant by the “religious item.” The legislation allows the association to require the resident to eliminate the religious item, when necessary for routine maintenance, like painting the doors and door frames.

NEW LEGISLATION CLARIFIES THE NUMBER OF CHILDREN ALLOWED IN FAMILY DAY CARE FACILITIES

AB234 (Skinner) expressly states that dwellings, for example condominiums, has to be allowed to provide family nursery facilities. This includes large family child care (nearly 14 children) and small family daycare (7-14 children). The legislation allows the association to utilize general rules and restrictions to nursery uses. For example, the association might have rules associated with noise, parking and insurance that pertain to other house owners, which may also sign up for family childcare facilities.

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