Three of the bills we have been tracking has been signed into law.
Assembly Bill 805. Introduced by Assembly Member Torres, February 17, 2011 and signed into law on August 17, 2012, this new law amends and renumbers the Davis-Stirling Common Interest Development Act. This new law establishes a single procedure for amendment of a common interest declaration, refines the law on conflict of interest, defines many of the common terms used in condominium law, amends provisions related to elections and voting, establishes standards for the retention of records, and broadens the requirement that liens recorded by the association in error be released. This new law goes into effect Januarly 1, 2014.
Assembly Bill 806. Introduced by Assembly Member Torres. This bill, also taking effect January 1, 2014, makes various technical conforming changes to reflect a proposed revision and recodification of the Davis-Stirling Common Interest Development Act.
Assembly Bill 2273. Introduced by Assembly Member Wieckowski, it amends 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 new law provides that an acquiring owner of a separate interest shall give the association’s board secretary, agent, manager, or designated representative written notice of the acquiring owner’s mailing address within 30 days of receiving title. Existing law imposes various requirements that must be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Notwithstanding any other law, it creates certain requirements on the sale of a property in a common interest development executed under a power of sale contained in any deed of trust or mortgage. Among other things, the sale must be recorded within 30 days in the county or counties where the property is located and the purchaser is liable for unpaid liens recorded on the property if the sale is not recorded as described above.