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CA AB911
Bill
Status
10/11/2023
Primary Sponsor
Pilar Schiavo
Click for details
AI Summary
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Allows owners of affordable housing developments to record a restrictive covenant modification document to remove or modify covenants that restrict the number, size, or location of residences, or the number of persons or families who may reside on the property.
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Requires county counsel to determine within 15 days whether a property qualifies as an affordable housing development and whether a modification document may be recorded, with the county recorder notifying the owner of the determination without delay.
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Permits owners to notify interested parties by certified mail of the approved modification document, with notice deemed given if actually received or mailed to addresses in the original covenant or assessment roll; notice is optional and failure to provide it does not invalidate the recorded modification.
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Prohibits beneficial owners from recording a modification document until they close escrow and become record title owners, and requires any legal challenges to be filed within 35 days of notice.
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Exempts certain conservation easements, settlement agreements, and state-required deed restrictions from the modification process, and provides that prevailing affordable housing development owners may recover litigation costs and attorney's fees.
Legislative Description
Unlawfully restrictive covenants: affordable housing.
Last Action
Chaptered by Secretary of State - Chapter 750, Statutes of 2023.
10/11/2023