SB 1148 also requires associations which provide governing documents to individuals to attach a separate sheet or stamp the first page of the documents with disclaimer language. Prior to September of 2000, the disclaimer had to be in bold-face, red ink, in at least 20 point type. Most importantly, the required disclaimer language required to appear on the front page of the governing documents has been modified. If this document contains any restriction based on race, color, religion, sex, familial status, marital status, disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status.
Associations typically provide governing documents to new owners or when requested by an owner.
Please be sure to include this disclaimer language when providing documents to anyone. AB 1493 also eliminated the authority of the county recorder to remove a restrictive covenant upon request of any person holding an interest in the property. For owners not living in common interest developments, these owners must now apply to the Department of Fair Employment and Housing for permission to remove the language. Based on the need for uniformity, the terms of AB 1493 take effect immediately. Please ensure that the modified disclaimer language is used from now on when governing documents are given to anyone.