San Diego Union-Tribune (Sunday)
WHAT YOU NEED TO KNOW ABOUT NEW REAL ESTATE LAWS IN 2021
There are a host of new laws in 2021 for all areas of real estate that will likely concern landlords, potential buyers and renters.
Many of the new rules are aimed at increasing rentals, such as in homeowner associations, as well as protecting future buyers. California still has statewide eviction protections for those affected by COVID-19 going until the end of June, but there are plenty of other laws for agents and landlords to worry about.
Addressing new laws at the start of each year is a tradition of the Greater San Diego Association of Realtors. This year, the event was held online because of the pandemic and was led by Gov Hutchinson , assistant general counsel for the California Association of Realtors.
Here are some of the main laws he said would most affect real estate this year.
HOA rent restrictions
AB 3182: Homeowner association laws must now allow at least 25 percent of their properties to be rented. In the past, an HOA could prevent any rentals or limit them to, say, 10 percent. The new law is aimed at creating more availability of rentals in California.
The law does not limit rentals to 25 percent, meaning the HOA could allow all properties to be rented in a condo building, townhouse development or single-family home community governed by an HOA. Hutchinson said some of the law might be left open to interpretation, such as if an HOA only has three homes and renting one unit would be more than 25 percent. He said his reading of the law would likely mean one unit could be rented out.
Another thing to keep in mind is the law also prevents HOAS from having rules that say an owner needs to live there more than a year to rent out a unit. Also, HOAS can still block short-term rentals.
Fire notice for new buyers
AB 38: This law says buyers must be told if they live in a high-risk fire area. For buyers and real estate