I recently received a question regarding AB 887, and its impact on community associations. AB 887, which was signed by Governor Brown in October of 2011, provides civil rights protection on the basis of “gender identity” and “gender expression.” It also amended California Government Code section 12956.1 to require Community Associations to place the following, in at least 14 point boldface type, on a cover page or stamp on the first page of their CC&Rs:

“While this requirement does not apply to anyone submitting a document to a county recorder’s office, it does apply to any association who “provides a copy of a declaration (CC&Rs) to any person.” “If this document contains any restriction based on race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, familial status, marital status, disability, national origin, source of income as defined in subdivision (p) of Section 12955, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.2 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.”

So, what this means for community associations is that it is time to update the coversheet or stamp on your CC&Rs to include the new language. In addition, while it is unlikely a set of CC&Rs contains any language which discriminates on the basis of “gender identity” or “gender expression,” if any such language exists in an association’s CC&RS or rules, that language should be removed. Pursuant to California Civil Code section 1352.5, boards are required to delete discriminatory restrictions, and can do so without obtaining the approval of homeowners.

Click Here to download a cover sheet which complies with the requirements of AB 887.