Bill Text: CA SB981 | 2019-2020 | Regular Session | Introduced

California Senate Bill 981 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Common interest developments: document delivery.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-04-08 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB981 Detail]

Download: California-2019-SB981-Introduced.html

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 981

Introduced by Senator Archuleta

February 11, 2020

An act to amend Section 4041 of the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL'S DIGEST

SB 981, as introduced, Archuleta. Common interest developments: annual notices.

Existing law requires the owner of a separate interest in a common interest development to provide an annual written notice to the association managing the common interest development with specified information. Existing law requires the association to solicit this annual notice from each owner and enter the data into its books and records.

This bill would make nonsubstantive changes to this provision.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 4041 of the Civil Code is amended to read:

4041.

(a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:

(1) The address or addresses to which notices from the association are to be delivered.

(2) An alternate or secondary address to which notices from the association are to be delivered.

(3) The name and address of the owner’s legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owner’s extended absence from the separate interest.

(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.

(b) The association shall solicit ~~these~~ the annual notices described in subdivision (a) of each owner and, at least 30 days ~~prior to~~ before making its own required disclosure under Section 5300, shall enter the data into its books and records.

(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.

(d) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.

Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.