I have received a number of inquiries regarding SB-9. I have been gathering up information regarding the implementation of this new law across the state. Anyone dealing with a SB-9 subdivision should be aware that private covenants preempt SB-9. Folks should examine matters of record to see if there are any CCR's that might affect your project. I live in a CCR subdivision and I sent out a notice to my neighbors letting them know that our CCR's govern. See the attached for more details. As an aside, Rancho Santa Fe is a very affluent community.
Good luck.
SB-9 WARNING!
-
mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
SB-9 WARNING!
You do not have the required permissions to view the files attached to this post.
-
Anthony Maffia
- Posts: 530
- Joined: Mon Jan 13, 2003 4:52 pm
- Location: Contra Costa County, CA
-
PLS7393
- Posts: 949
- Joined: Tue Aug 24, 2004 2:09 pm
- Location: Bay Area (Fremont)
- Contact:
Re: SB-9 WARNING!
That's good to know about the CC&R's, which makes sense. I have been getting +/- 2/3 calls a week from homeowners wanted to subdivide per SB9.
I've had to start educating them and have them do the leg work with the city/county to understand the process, including fee schedules, because it isn't cheap. I'm getting the impression most residents think this is a simple and cheap process, until they get my estimate. After that I don't hear back from them, except the 2 or 3 under contract now. Time will tell, but who's going to do all of these with so many fleeing CA?
I've had to start educating them and have them do the leg work with the city/county to understand the process, including fee schedules, because it isn't cheap. I'm getting the impression most residents think this is a simple and cheap process, until they get my estimate. After that I don't hear back from them, except the 2 or 3 under contract now. Time will tell, but who's going to do all of these with so many fleeing CA?
Keith Nofield, Professional Land Surveying
PLS 7393
PLS 7393
-
mpallamary
- Posts: 3466
- Joined: Tue Mar 11, 2008 2:12 pm
Re: SB-9 WARNING!
Per: https://roseman.law/sb-9-and-the-danger ... splitting/
Impact on Community Associations
SB 9 has the practical effect of removing obstacles to property owners splitting their lots and constructing additional dwelling units on those lots at the local government level. As described above, local agencies (defined as counties and cities) would be required to automatically approve qualifying projects, without hearing or public review. Importantly, however, homeowners’ associations can still enforce their CC&Rs and other governing documents containing prohibitions and restrictions on lot-splitting and the construction of additional dwelling units.
Without the local government impediments described above, an association’s CC&Rs may operate as a last line of defense against lot-splitting and construction of additional dwelling units on lots within a community. In this regard, it is important that an association’s CC&Rs and other governing documents prohibit lot-splitting and the construction of more than one dwelling unit on a single lot. Association managers and boards of directors should act quickly to ensure the proper prohibitions and restrictions are in place.
Although changes to state law effective in 2020 render void any CC&R provision which prohibits construction of an Accessory Dwelling Unit (“ADU”) or Junior Accessory Dwelling Unit (“JADU”) on a single lot, there is nothing in SB 9 which prohibits associations from enforcing CC&R restrictions that prohibit lot-splitting or prohibit the construction of additional dwellings on a lot which do not meet the definition of an ADU or JADU.
SB 9’s impact could be far-reaching and could significantly affect the operation, financing, and management of planned developments. If an association for a planned development does not have the proper prohibitions and restrictions included in its CC&Rs and other governing documents, routine issues may materialize into more significant and ongoing problems. A few of these potential concerns are identified below:
Association Assessments. Although SB 9 allows for lot-splitting and construction of additional dwelling units, the law does not provide for increases to assessments based upon these actions. With as many as four times the amount of housing units on the same lot as before a lot-split and subsequent construction, associations may see an increase in residents and common area usage without a corresponding increase in assessments.
Parking Congestion. In the same vein, with an increase in the number of residents, many of whom are likely to have or need their own vehicle, associations may have to deal with increased parking congestion. Many associations were developed to provide resident and visitor parking based upon the number of lots within the community, as originally built. With an increase to the number of lots and dwelling units within the community, providing additional parking may be a necessity to alleviate an increase in congestion.
Aesthetics. Many homeowners purchase into planned developments for the benefits of the community – including the uniform appearance and aesthetic of the properties. Without the proper prohibitions and restrictions in place, homeowners may more easily add structures to their properties, thereby altering the overall exterior aesthetic of the community.
Impact on Community Associations
SB 9 has the practical effect of removing obstacles to property owners splitting their lots and constructing additional dwelling units on those lots at the local government level. As described above, local agencies (defined as counties and cities) would be required to automatically approve qualifying projects, without hearing or public review. Importantly, however, homeowners’ associations can still enforce their CC&Rs and other governing documents containing prohibitions and restrictions on lot-splitting and the construction of additional dwelling units.
Without the local government impediments described above, an association’s CC&Rs may operate as a last line of defense against lot-splitting and construction of additional dwelling units on lots within a community. In this regard, it is important that an association’s CC&Rs and other governing documents prohibit lot-splitting and the construction of more than one dwelling unit on a single lot. Association managers and boards of directors should act quickly to ensure the proper prohibitions and restrictions are in place.
Although changes to state law effective in 2020 render void any CC&R provision which prohibits construction of an Accessory Dwelling Unit (“ADU”) or Junior Accessory Dwelling Unit (“JADU”) on a single lot, there is nothing in SB 9 which prohibits associations from enforcing CC&R restrictions that prohibit lot-splitting or prohibit the construction of additional dwellings on a lot which do not meet the definition of an ADU or JADU.
SB 9’s impact could be far-reaching and could significantly affect the operation, financing, and management of planned developments. If an association for a planned development does not have the proper prohibitions and restrictions included in its CC&Rs and other governing documents, routine issues may materialize into more significant and ongoing problems. A few of these potential concerns are identified below:
Association Assessments. Although SB 9 allows for lot-splitting and construction of additional dwelling units, the law does not provide for increases to assessments based upon these actions. With as many as four times the amount of housing units on the same lot as before a lot-split and subsequent construction, associations may see an increase in residents and common area usage without a corresponding increase in assessments.
Parking Congestion. In the same vein, with an increase in the number of residents, many of whom are likely to have or need their own vehicle, associations may have to deal with increased parking congestion. Many associations were developed to provide resident and visitor parking based upon the number of lots within the community, as originally built. With an increase to the number of lots and dwelling units within the community, providing additional parking may be a necessity to alleviate an increase in congestion.
Aesthetics. Many homeowners purchase into planned developments for the benefits of the community – including the uniform appearance and aesthetic of the properties. Without the proper prohibitions and restrictions in place, homeowners may more easily add structures to their properties, thereby altering the overall exterior aesthetic of the community.