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From Proposal to Policy: Navigating the Twenty-Eight-Day Review and Comment Period

Victoria R. Minor, Esq.

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Practices: Community Association Counsel 

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Regularly reviewing and updating community rules and policies is one of the most effective ways a community association can promote clarity, consistency, and harmony within the association.  Over time, laws evolve, community needs shift, and previously well-intended rules may become outdated or impractical.  By proactively evaluating their operating procedures, boards can ensure their associations’ rules and policies remain legally compliant, reflect current best practices, and continue to support their communities’ long-term goals.

With that in mind, understanding the statutory process for adopting or amending common interest development association rules and policies is critical for boards to ensure effective and compliant governance.

California Civil Code section 4360 grants members of  an association a twenty-eight (28) day period to review and comment on most rules and rule amendments prior to their adoption.  This means, before  a board can formally vote to adopt a proposed operating rule or proposed policy, the board must first allow the members to review the proposed rule or policy and provide their questions and/or comments to the board.  

To begin this process, the board must provide written notice of the proposed rule change to all members at least twenty-eight (28) days before the date of the meeting whereat the board will consider and vote on the proposed rule or policy.  This notice must include the text of the proposed rule/policy, an explanation of the purpose and effect of the proposed rule/policy and the date, time, and location of the meeting whereat the board will consider and vote on the proposed rule/policy.  During this twenty-eight (28) day period, the members may review the proposed rule/policy and submit their comments on the proposed rule/policy to the board for its consideration.  

When considering comments received from the members, the board should keep in mind that while it must review and consider all comments received, it is not required by law to revise the proposed rule or policy in direct response to comments received.  Unless, of course, the comments identify aspects of the rule that would make the proposed rule/policy invalid or unenforceable, as further detailed in Civil Code section 4350.  For example, if the board receives a comment from a member identifying some aspect of the rule/policy that would conflict with governing law or the association’s governing documents, the board must revise the rule/policy to address this conflict.  Otherwise, after considering all comments received from the membership at an open board meeting, a board may choose to move forward with the proposed rule or policy as originally drafted.

After the twenty-eight (28) day comment period comes to a close, the board may vote to formally adopt the rule at an open board meeting.  Once the board has formally adopted a rule/policy, the board must provide the members with general notice of the rule change within fifteen (15) days after making the rule change.

Keep in mind that if your association’s governing documents require a longer than twenty-eight (28) day comment period, that longer period of time may apply despite the twenty-eight (28) day time period stated in Civil Code section 4360(a).  When considering adopting or amending a new rule or policy, it is recommended the board consult with the association’s legal counsel to ensure compliance with the above-mentioned statutory requirements and the association’s governing documents.  

Civil Code § 799.13. Mobilehomes; Covenants Restricting Use of Cooling Systems Are Void

California Civil Code  > Civil Code § 799.13. Mobilehomes; Covenants Restricting Use of Cooling Systems Are Void

(a)        Any covenant, restriction, or condition contained in any rental agreement or other instrument affecting the tenancy of a homeowner or resident in a subdivision, cooperative, or condominium for mobilehomes, or resident-owned mobilehome park that effectively prohibits or restricts the installation, upgrade, replacement, or use of a cooling system in a mobilehome is void and unenforceable.

(b)     (1)  Subject to paragraph (2), ownership or management shall not prohibit or restrict a homeowner or resident from installing, upgrading, replacing, or using a cooling system in their mobilehome. Management shall not do any of the following:

(A)  Charge any fee to a homeowner or resident in connection with the installation, upgrade, replacement, or use of a cooling system.

(B)  Require a homeowner or resident to use a specific cooling system, type of cooling system, or cooling system contractor or product.

 (C)  Claim or receive any rebate, credit, or commission in connection with a homeowner’s or resident’s installation, upgrade, replacement, or use of a cooling system.

(D)  Require homeowners or residents to remove cooling systems or prevent replacements or upgrades to existing cooling systems.

(2)  Paragraph (1) shall not apply if ownership or management establishes any of the following:

(A)  The installation, upgrade, replacement, or use of the cooling system would violate federal, state, or local law.

(B)  A permit from a designated permitting authority is required for the installation, upgrade, replacement, or use of the cooling system, and that permit is not granted.

(C)  The amperage required to power any individual cooling system cannot be accommodated by the power service to the lot, as demonstrated in writing by a federal, state, or local governmental enforcement authority.

(c)  For purposes of this section, “cooling system” can include, but is not limited to, a portable air-conditioning unit, a window air-conditioning unit, a swamp cooler or any evaporative cooler, a cooling fan system, a heat pump, or any other technology that reasonably creates an internal temperature cooling benefit. A cooling system shall meet applicable health and safety standards and requirements imposed by law.

(d)  The tenancy of a homeowner or resident shall not be terminated for the installation, upgrade, replacement, or use of a cooling system as permitted under this section.

(e)  Any entity that willfully violates this section shall be liable to the homeowner, resident, or other party for actual damages occasioned thereby, and shall pay a civil penalty to the homeowner, resident, or other party in an amount not to exceed two thousand dollars ($2,000).

(f)   In any action to enforce compliance with this section, the prevailing party shall be awarded reasonable attorney’s fees. [2025]

Effective as of January 1, 2026

Civil Code §1940.45. Display of Religious Items on Entry Door or Entry Door Frame

California Civil Code  > Civil Code §1940.45. Display of Religious Items on Entry Door or Entry Door Frame

(a) Except as otherwise provided by this section, a property owner shall not enforce or adopt a restrictive covenant or any other restriction that prohibits one or more religious items from being displayed or affixed on any entry door or entry door frame of a dwelling.

(b) To the extent permitted by Article 1, Section 4, of the California Constitution and the First Amendment to the United States Constitution, this section does not prohibit the enforcement or adoption of a restrictive covenant or other restriction prohibiting the display or affixing of a religious item on any entry door or entry door frame to a dwelling that:

(1) Threatens the public health or safety.

(2) Hinders the opening or closing of any entry door.

(3) Violates any federal, state, or local law.

(4) Contains graphics, language or any display that is obscene or otherwise illegal.

(5) Individually or in combination with any other religious item displayed or affixed on any entry door or door frame that has a total size greater than 36 by 12 square inches, provided it does not exceed the size of the door.

(c) As used in this section, the following terms have the following meanings:

(1) “Property owner” means all of the following:

(A) An association, as that term is defined in Section 4080.

(B) A board, as that term is defined in Section 4085.

(C) A member, as that term is defined in Section 4160.

(D) A landlord, as that term is defined in Section 1940.8.5.

(E) A sublessor.

(2) “Religious item” means an item displayed because of sincerely held religious beliefs. [2019]

Civil Code § 798.3. Mobilehome Defined

California Civil Code  > Civil Code §798.3. Mobilehome Defined

(a) “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code. Mobilehome includes a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (b), does not include a recreational vehicle, as defined in Section 799.29 of this code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code.

(b) “Mobilehome,” for purposes of this chapter, other than Section 798.73, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are used for human habitation if the occupancy criteria of either paragraph (1) or (2), as follows, are met:

(1) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991.

(2) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992.

“Mobilehome” does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20). [2005]

Civil Code § 714.3. Accessory Dwelling Units and Junior Accessory Dwelling Units

California Civil Code  > Civil Code §714.3. Accessory Dwelling Units and Junior Accessory Dwelling Units

(a)  Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that either effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets the requirements of Article 2 (commencing with Section 66314) of Chapter 13 or Article 3 (commencing with Section 66333) of Chapter 13 of Division of Title 7 of the Government Code is void and unenforceable.

(b)  This section does not apply to provisions that impose reasonable restrictions on accessory dwelling units or junior accessory dwelling units. For purposes of this subdivision, “reasonable restrictions” means restrictions that do not unreasonably increase the cost to construct, effectively prohibit the construction of, or extinguish the ability to otherwise construct, an accessory dwelling unit or junior accessory dwelling unit consistent with the provisions of Article 2 (commencing with Section 66314) or Article 3 (commencing with Section 66333) of Chapter 13 of Division 1 of Title 7 of the Government Code. “Reasonable restrictions” shall not include any fees or other financial requirements. [2025].

Effective as of January 1, 2026

Civil Code § 51.3.5. Intergenerational Housing Developments

California Civil Code  > Civil Code §51.3.5. Intergenerational Housing Developments

(a) The Legislature finds and declares that this section is essential to establish and preserve specially designed, accessible, intergenerational housing for senior citizens. There are senior citizens who need special living environments and services and benefit from intergenerational housing environments, and find that there is an inadequate supply of this type of housing in the state.

(b) An intergenerational housing development may be established to provide intergenerational housing consisting of units for senior citizens, caregivers, or transition age youths if all of the following conditions are satisfied:

(1) (A) At least 80 percent of the occupied dwelling units are occupied by at least one senior citizen. This requirement shall commence when at least 25 percent of the units are occupied. A dwelling unit is occupied by at least one senior citizen if, on the date the exemption for housing designed for intergenerational housing is claimed, one of the following conditions is satisfied:

(i) At least one occupant of the dwelling unit is a senior citizen.

(ii) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacated was a senior citizen.

(B) Up to 20 percent of the occupied dwelling units are occupied by at least one caregiver or transition age youth. A dwelling unit is occupied by at least one caregiver or transition age youth if, on the date the exemption for housing designed for intergenerational housing is claimed, one of the following conditions is satisfied:

(i) At least one occupant of the dwelling unit is a caregiver or transition age youth.

(ii) If the dwelling unit is temporarily vacant, at least one of the occupants immediately prior to the date on which the unit was temporarily vacant was a caregiver or transition age youth.

(2) The development is affordable to lower income households as defined in Section 50079.5 of the Health and Safety Code.

(3) (A) If a unit that is identified for occupancy by a caregiver or transition age youth ceases to house a caregiver or transition age youth, the owner, board of directors, or other governing body may require, at their discretion, the household in that unit to cease residing in the development upon receipt of a minimum of six months written notice, for the sole purpose of ensuring that the unit may be made available to a qualifying caregiver or transition age youth. This action shall not constitute a violation of Section 51 or of Article 2 (commencing with Section 12955) of Chapter 6 of Part 2.8 of Division 3 of Title 2 of the Government Code (California Fair Employment and Housing Act).

(B) The housing facility or community shall not evict or terminate the lease of a family with children in order to comply with the requirement that at least 80 percent of the occupied units be occupied by at least one senior citizen. This provision does not otherwise alter or affect applicable protections for tenants.

(C) The covenants, conditions, and restrictions and other documents or written policy for the development shall set forth the limitations on occupancy, residency, or use consistent with this section.

(4) Housing established pursuant to this section shall comply with all applicable fair housing laws, including, but not limited to, the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2 of the Government Code) and the Fair Housing Act (42 U.S.C. Sec. 3601).

(5) Notwithstanding any other law, any occupied dwelling units within an intergenerational housing development established pursuant to this section that are occupied by caregivers or transition age youth as described in subparagraph (B) of paragraph (1) shall not count toward the housing type goal for seniors under the qualified allocation plan adopted by the California Tax Credit Allocation Committee in accordance with Section 50199.14 of the Health and Safety Code.

(c) This section specifically creates a state policy supporting intergenerational housing for senior citizens, caregivers, and transition age youth, as described in Section 42(g)(9) of the Internal Revenue Code, and, further, permits developers in receipt of local or state funds or tax credits designated for affordable rental housing to restrict occupancy to senior citizens, caregivers, and transition age youth, including permitting developers in receipt of tax credits designated for affordable rental housing to retain the right to prioritize and restrict occupancy, so long as that housing does not violate any other applicable laws.

(d) For the purposes of this section, the following terms have the following meanings:

(1) “Caregiver” means a person responsible for meeting the daily care needs of a senior citizen, or a person hired to provide live-in, long-term, or terminal health care to a qualifying resident, or a family member of the qualifying resident providing that care. For purposes of this section, the care provided shall be substantial in nature and shall include either assistance with necessary daily activities or medical treatment, or both.

(2) “Senior citizen” or “resident” means a person 55 years of age or older.

(3) “Transition age youth” means a person who is 18 to 24 years of age, inclusive, and who is either of the following:

(A) A current or former foster youth who has been adjudged a ward or dependent of the juvenile court pursuant to Section 300, 601, or 602 of the Welfare and Institutions Code.

(B) A homeless youth or former homeless youth, who has met the McKinney-Vento Homeless Assistance Act of 1987 definition of “homeless children and youths,” as that term is defined in Section 11434a of Title 42 of the United States Code. [2021]

Civil Code §8119. Association as an Agent of Owners for Mechanics’ Lien Notices

California Civil Code  >  Civil Code §8119. Association as an Agent of Owners for Mechanics’ Lien Notices

(a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.

(b) For the purposes of this section, the terms “association,” “common area,” “common interest development,” and “separate interest” have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3. [2017]

Civil Code §4525. Disclosure Documents Provided to Prospective Purchaser

California Civil Code  >   Part 5. Common Interest Developments (Davis-Stirling Common Interest Development Act)  >  Chapter 4. Ownership and Transfer of Interests  > Article 2. Transfer Disclosure  > Civil Code §4525. Disclosure Documents Provided to Prospective Purchaser

(a)        The owner of a separate interest shall provide the following documents to a prospective purchaser of the separate interest, as soon as practicable before the transfer of title or the execution of a real property sales contract, as defined in Section 2985:[1]

(1)  A copy of all governing documents. If the association is not incorporated, this shall include a statement in writing from an authorized representative of the association that the association is not incorporated.

(2)  If there is a restriction in the governing documents limiting the occupancy, residency, or use of a separate interest on the basis of age in a manner different from that provided in Section 51.3, a statement that the restriction is only enforceable to the extent permitted by Section 51.3 and a statement specifying the applicable provisions of Section 51.3.

(3)  A copy of the most recent documents distributed pursuant to Article 7 (commencing with Section 5300) of Chapter 6.[2]

(4)  A true statement in writing obtained from an authorized representative of the association as to the amount of the association’s current regular and special assessments and fees, any assessments levied upon the owner’s interest in the common interest development that are unpaid on the date of the statement, and any monetary fines or penalties levied upon the owner’s interest and unpaid on the date of the statement. The statement obtained from an authorized representative shall also include true information on late charges, interest, and costs of collection which, as of the date of the statement, are or may be made a lien upon the owner’s interest in a common interest development pursuant to Article 2 (commencing with Section 5650) of Chapter 8.

(5)  A copy or a summary of any notice previously sent to the owner pursuant to Section 5855 that sets forth any alleged violation of the governing documents that remains unresolved at the time of the request. The notice shall not be deemed a waiver of the association’s right to enforce the governing documents against the owner or the prospective purchaser of the separate interest with respect to any violation. This paragraph shall not be construed to require an association to inspect an owner’s separate interest.

(6)  A copy of the initial list of defects provided to each member pursuant to Section 6000, unless the association and the builder subsequently enter into a settlement agreement or otherwise resolve the matter and the association complies with Section 6100.  Disclosure of the initial list of defects pursuant to this paragraph does not waive any privilege attached to the document. The initial list of defects shall also include a statement that a final determination as to whether the list of defects is accurate and complete has not been made.

(7)  A copy of the latest information provided for in Section 6100.

(8)  Any change in the association’s current regular and special assessments and fees which have been approved by the board, but have not become due and payable as of the date disclosure is provided pursuant to this subdivision.

(9)  If there is a provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, a statement describing the prohibition.

(10) If requested by the prospective purchaser, a copy of the minutes of board meetings, excluding meetings held in executive session, conducted over the previous 12 months, that were approved by the board.

(11) A copy of the report issued pursuant to the most recent inspection conducted pursuant to Section 5551.

(b)  This section does not apply to an owner that is subject to Section 11018.6 of the Business and Professions Code. [2025][3]

Effective as of January 1, 2026

[1] Under Health and Safety Code Section 25915.2, the association must also give notice about any asbestos known to exist in the development. You should consult legal counsel for assistance in preparing this disclosure to make sure you comply with the requirements of the Health and Safety Code. NOTE HOWEVER: This disclosure is not dependent on whether the prospective purchaser requests the normal pre-closing disclosure information; it is always applicable, but only if the association has knowledge of the transfer.

In addition, sellers are obligated to make certain written disclosures to purchasers, as required by Civil Code Sections 1102 et seq. Sellers must also provide certain documentation and make disclosures about the earthquake worthiness in residential buildings of one to four units, built before January 1, 1960, but only if they were built using “conventional light frame construction,” as defined in Chapter 25 of the 1991 edition of the Uniform Building Code. It does not apply to buildings without foundations or those which have concrete slab foundations. Under Health and Safety Code Section 19211, sellers must also certify, in writing, that all water heaters are strapped properly to minimize the risk of movement during earthquakes.

[2] These are the normal required annual reports, disclosures and policy statements.

[3] Section 11018.6 pertains to developers who are selling homes under a Final Subdivision Public Report issued by the Department of Real Estate (“DRE”).

Civil Code §3479. Nuisance Defined

California Civil Code  >  Civil Code §3479. Nuisance Defined
Anything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is a nuisance. [1996]