August 27, 2020

AB-3182 Housing:governing documents: rental or leasing of separate interests: accessory dwelling units.

AB 3182 was amended on August 25, 2020.  The newest amendments make the bill worse in a number of ways.  Here’s our talking points we are sharing with staff in the State Senate.

  • AB 3182 would prohibit an association from requiring an owner to reside on the property for a period of time before renting it.  Many associations require an owner to reside in the residence for 6 months or a year to prevent investment buyers from coming into the community.  Those restrictions would be void under AB 3182.
  • AB 3182 now requires any association with terms different that AB 3182 to amend their governing documents by 2022.  This is a mandated cost by the Legislature.
  • AB 3182 also now provides for a civil penalty on the association for willfully not amending its document in compliance with the language in the bill.  If an association attempts to amend its documents but the election fails, has it willfully not complied?  The language is very unclear and will result in significant litigation.
  • The new amendments undoes the benefit of the short term rental restriction language in the bill because it would not apply to existing homeowners.  All restrictions would be prospective and only apply to members that purchase after the amendments are made.
  • Finally, AB 3182 will now allow a homeowner to place an ADU and a Junior ADU on their property.  Current law allows one or the other, not both.

What can you do? Reach out to your State Senator to express concerns with the bill.

The Housing Task Force will hold a zoom meeting on Thursday, August 27th at 4:00 pm to discuss the new language in the bill. If you would like to join, please email Louie Brown, Attorney at Law with KSC Lawyers, at for login information.