Bill Text: CA SB1391 | 2015-2016 | Regular Session | Introduced

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Bill Title: Common interest developments.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [SB1391 Detail]

Download: California-2015-SB1391-Introduced.html

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BILL NUMBER: SB 1391	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Bates

                        FEBRUARY 19, 2016

   An act to amend Section 5675 of the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1391, as introduced, Bates. Common interest developments.
   Existing law, the Davis-Stirling Common Interest Development Act,
defines and regulates common interest developments. Existing law
authorizes a homeowners association to place a lien on a property and
to take specified enforcement actions to satisfy outstanding dues or
assessments owed on a property in the development.
   This bill would make a nonsubstantive change to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5675 of the Civil Code is amended to read:
   5675.  (a) The amount of the assessment, plus  any
  all  costs of collection, late charges, and
interest assessed in accordance with subdivision (b) of Section 5650,
shall be a lien on the owner's separate interest in the common
interest development from and after the time the association causes
to be recorded with the county recorder of the county in which the
separate interest is located, a notice of delinquent assessment,
which shall state the amount of the assessment and other sums imposed
in accordance with subdivision (b) of Section 5650, a legal
description of the owner's separate interest in the common interest
development against which the assessment and other sums are levied,
and the name of the record owner of the separate interest in the
common interest development against which the lien is imposed.
   (b) The itemized statement of the charges owed by the owner
described in subdivision (b) of Section 5660 shall be recorded
together with the notice of delinquent assessment.
   (c) In order for the lien to be enforced by nonjudicial
foreclosure as provided in Sections 5700 to 5710, inclusive, the
notice of delinquent assessment shall state the name and address of
the trustee authorized by the association to enforce the lien by
sale.
   (d) The notice of delinquent assessment shall be signed by the
person designated in the declaration or by the association for that
purpose, or if no one is designated, by the president of the
association.
   (e) A copy of the recorded notice of delinquent assessment shall
be mailed by certified mail to every person whose name is shown as an
owner of the separate interest in the association's records, and the
notice shall be mailed no later than 10 calendar days after
recordation.