Updates 2012!
The following California Legislative bills were signed into law this year and are featured in the 2012 edition of the Condominium Bluebook, available soon!
AB 771 (Butler) Amends Civ. Code § 1368 and adds Civ. Code & 1368.2 (Billing Disclosure Form) listing documents that associations must provide to prospective purchasers. Associations may charge a reasonable fee for this service based on the association’s actual cost to procure, prepare, and reproduce these documents. This legislation requires associations to disclose these charges in advance using a statutory form that would list each item and fee separately. This bill also adds 12 months of regular board meeting minutes to the list of documents to be disclosed to a prospective buyer.Associations may charge a reasonable fee for this service based on the association’s actual cost to procure, prepare, and reproduce these documents. This legislation requires associations to disclose these charges in advance using a statutory form that would list each item and fee separately. This bill also adds 12 months of regular board meeting minutes to the list of documents to be disclosed to a prospective buyer.
SB 563 (Committee on Transportation and Housing) Amends Civ. Code § 1363.05 reducing the notice requirement for non-emergency executive session board meetings to 2 days. It allows for notice of an executive session meeting to be given electronically, if a member consents. This bill clarifies that boards are not required to notice and hold an open meeting before going into executive session. Boards cannot conduct meetings or make decisions through a series of emails except in the case of an emergency meeting on an executive session topic, which could be conducted by email with unanimous written consent pursuant to Corp Code § 7211(b). Agendas for meetings held in executive session must be made available to the association members, if requested.
AB 657 (Gordon) Amends Civ. Code § 1363.5; Corp. Code § 8210 Incorporated associations are required to file an annual statement of information with the Secretary of State. Corporations may receive their annual renewal notice via email.
AB 887 (Atkins) Amends Civ. Code § 51 This bill refines the definition of sex and gender in the Unruh Civil Rights Act.
SB 209 Adds Civ. Code § 1353.9 Charging stations for electric vehicles may not prohibited.
SB150 Adds Civ. Code § 1360.2 and amends Civ. Code §§ 1368 and 1373. This bill prohibits the owner of a separate interest in a common interest development from being subject to a provision in the governing document, or a provision in an amendment to a governing document, that prohibits the rental or leasing of all or any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.
SB1211 (Silva) Amends Corp. Code §§ 7211, 7212, and 7213 The death of director excuses that seat from counting toward a quorum. A director is prohibited from voting by proxy at a meeting. It also confirms that boards may take action without a meeting with unanimous written consent.
