Updates 2012!
We are closely tracking the following bills under consideration in the California Legislature.
Assembly Bill 805. Introduced by Assembly Member Torres, February 17, 2011. This is a two-year bill introduced in conjunction with Assembly Bill 806 (see below) Existing law, the Davis-Stirling Common Interest Development Act defines and regulates common interest developments. This bill, on and after January 1, 2014, would comprehensively reorganize and recodify the Davis-Stirling Common Interest Development Act. The bill would also revise and recast provisions regarding notices and their delivery, standardize terminology, establish guidelines on the relative authority of governing documents, and establish a single procedure for amendment of a common interest declaration. The bill would guarantee the right of an owner of a separate interest to make changes in that separate interest, as specified, in a common interest development other than a condominium project, in which that right currently exists. The bill would establish an express list of conflicts of interest that may disqualify members of a board of directors of an association that manages a common interest development from voting on certain matters. The bill would also, among other things, revise provisions related to elections and voting, establish standards for the retention of records, and broaden the requirement that liens recorded by the association in error be released.
Assembly Bill 806. Introduced by Assembly Member Torres. This bill, operative January 1, 2014, would make various technical conforming changes to reflect a proposed revision and recodification of the Davis-Stirling Common Interest Development Act, and the operation of this bill would be contingent upon the enactment and operation of that revision and recodification.
Assembly Bill 2273. Introduced by Assembly Member Wieckowski, would amend Civil Code Section 1368 of the Davis Stirling Act. The Davis-Stirling Common Interest Development Act requires an owner of a separate interest in a common interest development to provide specified documents to a prospective purchaser of that interest. Existing law requires a homeowners’ association to provide these documents to the owner of the separate interest within 10 days of the mailing or delivery of the request, and limits the amount of fees charged for the provision of the documents to the association’s actual costs to procure, prepare, and reproduce the requested documents. This bill would additionally provide that an acquiring owner of a separate interest shall provide to the association’s board secretary, agent, manager, or designated representative a written notice of the acquiring owner’s mailing address within 30 days of receiving title , except as specified. Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust. This bill would, notwithstanding any other law, impose certain requirements on the sale of a property in a common interest development, as defined, executed under a power of sale contained in any deed of trust or mortgage. Among other things, the bill would require the sale to take place in the county where the property or a portion of the property is located, and would also require the sale to be recorded within 30 days, as specified. This bill would also make the purchaser, as specified, liable for the amount of certain unpaid liens recorded on the property if the sale is not recorded as described above. The bill would specify that these provisions would only apply if the purchaser is also the person or entity that exercised the power of sale on the property.
