HOA Lawyer BLog

Once again the first of the year brings new legislation impacting common interest developments. The passage of Assembly Bill 2362 adds Civil Code section 4777 to the Davis Stirling Common Interest Development Act effective January 1, 2017.  The intent of this bill was to require the same written notification of pesticide application to separate interests and common areas of common interest developments by a non-licensed pest control operator (i.e., the association’s general landscaper) as residents would receive under the existing law for pesticide application by a licensed pest control operator.

You may recall in 2014 California Code of Regulations (CCR) Sections 6000 through 6619 were adopted to govern pesticides and pest control operations. Under Section 6618(b)(1) association vendors that perform pest control services are required to provide associations with certain information concerning the application of pesticides, and associations are required to distribute that information to their residents on a regular basis.

The new Civil Code section 4777 requires associations applying pesticides to a separate interest or the common area by an unlicensed pest control operator to notify the owner and tenant of the affected separate interest, and if the operator will be using a broadcast application (spreading pesticide over an area greater than two square feet) or using total release foggers or aerosol sprays, to notify the owner and tenants of adjacent separate interests that could reasonably be impacted by the pesticide use.  The notice must contain the pest(s) to be controlled, the name and brand of the pesticide product to be used, the date, time and frequency of application (stating that the date, time and frequency are subject to change), and a healthy and safety statement to be copied into the notice.  A copy of the written notice must also be attached to the minutes of the next association board meeting.

Where pesticides are to be applied to a separate interest, at least forty-eight (48) hours prior written notice must be given to the owner and tenant of the separate interest, along with any adjacent impacted owners and tenants.  For applications to the common area, notice must be posted in a conspicuous place near the area to be treated, if practicable, otherwise, individual notice must be given to the owner(s) and tenant(s) of the separate interests adjacent the common area to be treated.  Notice to tenants may be accomplished using first-class mail, personal delivery to a tenant at least 18 years old, or electronic delivery if the tenant has provided an electronic mailing address.

Section 4777 also provides helpful definitions for terms including pest, pesticide, licensed pest control operator, and broadcast application, and the statute authorizes owners and tenants to agree to immediate pesticide application when necessary.

Blog post authored by TLG attorney, Terri A. Morris.

AB 1978 creates the Property Services Workers Protection Act.  Adding Part 4.2 (commencing with Section 1420) to Division 2 of the Labor Code, it requires every janitorial business within the State of California to register yearly with the Commissioner of the Division of Labor Standards Enforcement (“DLSE”) and pay a yearly fee of $500.00.  “No employer may conduct any janitorial business without a valid registration.”

It requires employees and employers of janitorial businesses to participate in a biennial in-person sexual violence and harassment prevention training course.  The course is to be developed by the DLSE by January 1, 2019.

Any janitorial business which does not have a current and valid registration is subject to a fine of $2,500.00.  Additional fines may be imposed including a fine of $100.00 for each calendar day that the business is unregistered with a maximum fine of $10,000.00.

Businesses (including Homeowner Associations) which contract with unregistered and unlicensed janitorial businesses are subject to fines of $2,000.00 to $25,000.00.

How will you know if the janitorial business is registered?          

The DLSE is required to maintain an online Janitorial Contractor Registry which is to be a public database of property service employers on the website of the Department of Industrial Relations (“DIR”) including the name, address, registration number, and effective dates of registration of all janitorial businesses.

AB 1978 was signed into law on September 15, 2016, and becomes effective on July 1, 2018.

Be proactive: Verify online through the Janitorial Contractor Registry that your janitorial workers are employed by a licensed janitorial business.  If you don’t, your Association may be subject to fines of $2,000.00 to $25,000.00.

Blog post authored by TLG attorney, Bruce R. Kermot.

The California Air Resources Board (“ARB”) passed a regulation (“Regulation”) that requires diesel trucks and buses that operate in California to be upgraded to reduce emissions.  The Regulation has a direct impact on HOAs and requires them to take steps to verify that certain vehicles they hire are properly certified with the State.   The Regulation requires lighter and older heavier trucks to be replaced starting January 1, 2015.  By January 1, 2023, nearly all trucks and buses will need to have 2010 model year engines or equivalent.

The Regulation requires that any party (including HOAs, board members, and managing agents) that hires or directs the operation of any vehicle subject to the Regulation, must verify that each hired company is either in compliance with the regulation or has reported compliance to the ARB.  The Regulation does not apply where the party does not hire or direct the operation of any vehicle subject to the Regulation.  The types of vehicles that an HOA or its managing agent may encounter include but are not limited to the following: street sweepers, dump trucks, pumper trucks, crane trucks, charter buses, lift trucks, concrete pump trucks, and tow trucks.

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