Senator Umberg Introduces Legislation to Protect Residents in Homeowners Associations

(Sacramento, CA) – Senator Thomas J. Umberg (D-Santa Ana) announced today that he is introducing legislation to ensure the safety and habitability of residences under the authority of homeowners associations (HOAs) via another one of his measures – Senate Bill 900.

For several months last year, Senator Umberg’s district office worked and coordinated with numerous state and local entities, along with non-profits and utility companies, to organize relief and remediation for a condominium complex in his district that experienced a sizeable natural gas leak.

“My team and I were directly involved in trying to resolve this issue for the nearly 600 homeowners and tenants that were left without gas to cook or even hot water to shower,” said Senator Umberg.  He went on to state that:

Our office worked with local municipalities, state agencies, and utility companies to try and mediate this issue in a timely manner, and it still took the HOA and property manager months to resolve an issue they initially said would take a few weeks. Families were left with a substandard level of living for over three months, and I want to make sure no resident has to endure something like this again. As our cities begin to construct and convert more housing to meet one crisis (affordable housing), we should ensure they have the tools to prevent another from emerging in the years ahead.

According to the California Association of Homeowners Associations Inc., approximately 14 million Californians live in one of the state’s 50,000 HOAs, with an average of nearly 600 residents per association. As the state continues to make homebuilding and affordable housing a priority, HOAs and their members should be clear on their responsibilities, while standardizing requirements when it comes to projects and emergency expenditures.

SB 900 would make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in a development’s common area. It also gives associations a timetable to make repairs to aforementioned interruptions and expand the definition of emergency situations, as defined under current law, to include extraordinary expenses necessary to repair or maintain common interest development that associations are responsible for where they present a threat to personal health or safety on the property. 

“Senate Bill 900 stands as a beacon of progress, illuminating the path towards repairs for vital utilities and ongoing maintenance,” said Orange Councilmember Jon Dumitru. “Its provisions embody the values of justice, equality, and paving the way for remedies via the court when management is abusive or negligent in repairs in a timely manner.  The residents I represent that encountered delays, abuse, and negligence and had this bill been in place they could have found some remedy.”

Senator Umberg concluded by saying, “This is an issue that impacted hundreds of people in an instant. It was only because a handful of residents reached out to us for help against their HOA’s demands and attempted legal action, that it even came to light. While this scenario may have been the result of inaction by one particularly egregious bad actor, I can’t imagine how many people have faced issues like this and were too afraid to speak up.”

***The fact sheet for SB 900 is attached, for further information.***

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Senator Thomas J. Umberg represents the 34th Senate District, which includes the cities of Anaheim, Buena Park, Fullerton, Garden Grove, La Habra, Long Beach, Orange, Placentia, Santa Ana, and East and South Whittier. Umberg is a retired U.S. Army Colonel, former federal prosecutor, and small businessman. He and his wife, Brigadier General Robin Umberg, USA (ret.), live in Orange County.