In January 2020, several new laws will come into force that will affect the Communities of Owners and their residents. Here are three pieces of legislation that may affect you:
NEW REGULATION ESTABLISHES THAT PEOPLE WHO WORK FOR OWNERS ASSOCIATIONS AND OTHER BUSINESS ENTITIES ARE MORE LIKELY TO BE CONSIDERED AS EMPLOYEES THAN INDEPENDENT CONTRACTORS
AB5 (González) states that individuals who work for a homeowners association or other business entity are more likely to be described as employees than as independent contractors. This legislation establishes that a person who provides work 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 business of the contracting entity; and
3. The worker has his own independent business.
A gardener hired by the homeowners association to perform routine gardening work may be considered an employee of the association rather than an independent contractor even though the gardener’s business is a separate legal entity, particularly if the association controls the work performed by the gardener and part of the association’s responsibility includes gardening.
NEW LEGISLATION REQUIRES HOUSEHOLDERS’ ASSOCIATIONS TO ALLOW DOORS AND FRAMES CONTAIN RELIGIOUS ITEMS
SB652 (Allen) requires homeowners associations to allow residents to place religious items on doors and door frames of residences if the items meet 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”. In addition, the legislation does not define what is meant by a “religious element”. The legislation allows the association to require the resident to remove the religious item, as needed for routine maintenance, such as painting doors and door frames.
NEW LEGISLATION CLARIFIES THE NUMBER OF CHILDREN ALLOWED IN FAMILY DAY CARE CENTERS
AB234 (Skinner) expressly states that dwellings, such as condominiums, must be permitted to provide family day care facilities. This includes large family day care (up to 14 children) and small family day care (7-14 children). The 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.