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Real Estate

By STEPHEN LARSON | Jan. 20, 2016

New Laws

Jan. 20, 2016

Real Estate

AB 345 (Frazier) This bill requires a broker to complete a three-hour course in management of real estate offices and supervision of licensed activities as part of the 45 hours of required continuing education (CE) for license renewal.

An act to amend Section 10170.5 of the Business and Professions Code, relating to real estate licensees.

AB 349 (Gonzalez) Makes the governing documents, architectural or landscaping guidelines, or policies of a common interest development (CID) void and unenforceable if they prohibit the use of artificial turf or any other synthetic surface that resembles grass. Prohibits a CID from requiring an owner of a separate interest to remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency. This bill includes an urgency clause.

An act to amend Section 4735 of the Civil Code, relating to common interest developments, and declaring the urgency thereof, to take effect immediately.

AB 418 (Chiu) This bill extends indefinitely the authorization to use documentation from a qualified third party based on information received by that third party while acting in his or her professional capacity, as specified, to support a notice to terminate a tenancy when the tenant or a household member becomes the victim of domestic violence, sexual assault, stalking, human trafficking, or abuse of an elder or dependent adult. This bill reduces from 30 to 14 days the obligation of a tenant who becomes a victim, as specified, to pay rent after providing the landlord with notice to terminate the tenancy, and states that thereafter the tenant shall be released from any rent payment obligation under their lease or rental agreement without penalty.

An act to amend and repeal Section 1946.7 of the Civil Code, relating to tenancy.

AB 596 (Daly) Requires a homeowners association (HOA) in a common interest development (CID) to disclose to the owners if the CID is an approved condominium project pursuant to Federal Housing Administration (FHA) and Department of Veterans Affairs (VA) guidelines.

An act to amend, repeal, and add Section 5300 of the Civil Code, relating to common interest developments.

AB 681 (Ting) Makes specified changes to survey requirements applicable to the Board of Equalization (BOE) in determining the adequacy of the procedures and practices employed by the county assessors in their valuation of property.

An act to amend Section 15645, and to amend, repeal, and add Section 15643, of the Government Code, relating to the State Board of Equalization.

AB 682 (Williams) Authorizes a person to have specified alterations, conversions, and repairs made to a mobilehome without filing an application with the Department of Housing and Community Development (HCD).

An act to add Section 18029.1 to the Health and Safety Code, relating to manufactured housing and mobilehomes, making an appropriation therefore, and declaring the urgency thereof.

AB 807 (Stone) Clarifies existing law to ensure that all private transfer fees on real property are disclosed to prospective purchasers.

An act to amend Sections 1098, 1098.5, and 1102.6e of the Civil Code, relating to real estate transfer fees.

AB 905 (Beth Gaines) This bill modifies the Vacation Ownership and Time-share Act of 2004 to authorize required copies of public reports pertaining to time-share interests and required copies of disclosures pertaining to exchange programs to be provided in a digital format at the discretion of the purchaser. This bill also exempts licensed real estate brokers or salespersons from the duty to conduct a reasonably competent and diligent visual inspection of a time-share property and to disclose all facts materially affecting the value or desirability of the property to a prospective purchaser when the property has not been previously occupied, and, as a condition of transfer, the prospective purchaser would receive a copy of the public report.

An act to amend Sections 11216 and 11234 of the Business and Professions Code, and to amend Section 2079.6 of the Civil Code, relating to time-shares.

AB 1448 (Lopez) Permits tenants, as well as owners in a homeowners association (HOA), to use clotheslines and drying racks, as specified.

An act to add Sections 1940.20 and 4750.10 to the Civil Code, relating to real property.

AB 1516 (Committee on Housing and Community Development) Makes technical and non-controversial changes to various sections of the law dealing with housing.

An act to amend Section 5570 of the Civil Code, to amend Section 65589.5 of the Government Code, and to amend Section 51345 of the Health and Safety Code, relating to housing.

SB 328 (Hueso) This bill requires a landlord or a landlord?s agent to provide affected tenants with advance written notice of the use of pesticides at a dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator. This bill requires the posting of a similar notice at least 24 hours prior to applying a pesticide in a common area without a licensed pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied.

An act to add Section 1940.8.5 to the Civil Code, relating to rental property.

SB 419 (McGuire) This bill amends the Mobilehome Residency Law (1) to authorize the seller of a mobilehome to display a for sale sign of a generally accepted yard-arm type design or L-frame design,(2) to allow for the display of an ?open house? sign and the holding of an open house in accordance with park rules, (3) to require the management of a mobilehome park, upon request, to provide in writing the information and standards management will use to review a prospective homeowner, and (4) to specify that park management may withhold approval of a prospective homeowner for reasons based upon fraud, deceit, or concealment of material facts.

An act to amend, repeal, and add Sections 798.70, 798.71, and 798.74 of the Civil Code, relating to mobilehomes.

SB 582 (Hall) This bill authorizes an owner of real property to install and operate an electrified fence on his or her property if the property is not in a residential zone, the fence meets specified requirements, and a local ordinance does not prohibit its installation and operation.

An act to add Section 835 to the Civil Code, and to amend Sections 17151 and 17152 of the Food and Agricultural Code, relating to electrified fences.

SB 647 (Morrell) This bill modifies the provisions of the Real Estate Law that govern the activities of threshold brokers, as defined, and deletes a requirement that certain persons engaged in the offer or sale of real estate securities submit information regarding their activities to the Department of Business Oversight (DBO).

An act to amend Sections 10232.3, 10232.45, and 10238 of the Business and Professions Code, and to amend Section 25102.2 of the Corporations Code, relating to real estate investments.

SB 761 (Hall) This bill requires a hosting platform to provide a specific notice to individuals listing a residence for short-term rental on the platform, as specified. This bill states that the notice must be provided immediately before an individual lists real property on the hosting platform, and requires the individual listing the property to interact with the hosting platform to affirmatively acknowledge that he or she has read the notice, as specified.

An act to add Chapter 22.3 (commencing with Section 22590) to Division 8 of the Business and Professions Code, relating to business.

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