New Legislation Affecting Homeowners Associations for January 2020

Several new laws will take effect in January 2020 that will affect homeowners associations and their residents. Here are three laws that can affect you:

THE NEW LEGISLATION ESTABLISHES THAT PEOPLE WHO WORK FOR HOMEOWNERS ‘ASSOCIATIONS AND OTHER BUSINESS ENTITIES ARE MORE LIKELY TO BE CONSIDERED EMPLOYEES THAN INDEPENDENT CONTRACTORS

AB5 (González) states that people who work for a homeowner’s association or other business entity are more likely to be described as employees than as independent contractors. This legislation states that a person who provides labor or services in exchange for compensation is considered an employee rather than an independent contractor, unless the employer demonstrates all of the following:

1. The worker is free from the control of the contracting entity;

2. The worker performs work outside the scope of the contracting entity’s business; and

3. The worker has his own independent business.

A gardener hired by the homeowners association to perform routine landscaping work could be considered an employee of the association rather than an independent contractor, even if the gardener’s business is a separate legal entity, particularly if the association controls the work performed by the homeowner. gardener and part of the association’s responsibility includes gardening.

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

SB652 (Allen) requires that homeowners associations allow residents to place religious items on doors and door frames of residences if the items meet a certain reasonable size and other criteria established by the association, provided the items are installed based on a sincere religious belief. The legislation does not define what is meant by “sincere religious belief”. Furthermore, the legislation does not define what is understood by “religious article”. The legislation allows the association to require the resident to remove the religious item, as needed, for routine maintenance, such as 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, such as condominiums, must be allowed to provide family day care facilities. This includes Large Family Day Care (up to 14 children) and Small Family Day Care (7-14 children). Legislation allows the association to apply general rules and restrictions to child care uses. For example, the association may have rules related to noise, parking, and insurance that apply to other owners, which would also apply to family day care centers.