BILL NUMBER: AB 313	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 19, 2009

INTRODUCED BY   Assembly Member Fletcher
    (   Coauthors:   Assembly Members 
 Salas   and Saldana   ) 
    (   Coauthors:   Senators  
Ducheny   and Kehoe   ) 

                        FEBRUARY 17, 2009

   An act to add Section 1366.4 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 313, as amended, Fletcher. Common interest developments:
assessments.
   The Davis-Stirling Common Interest Development Act defines and
regulates common interest developments and authorizes the association
that manages the development to levy assessments to fulfill its
obligations. The act establishes limits on the percentage by which an
association may increase regular and special assessments based on
the amounts of those assessments in the preceding fiscal year.
   This bill would prohibit an association from levying assessments
on separate interests within the common interest development based on
the taxable value of the separate interests unless the association,
on or before December 31, 2009, in accordance with its declaration,
levied assessments on those separate interests based on their taxable
value, as determined by the tax assessor of the county in which the
separate interests are located.  The bill would provide an
exception for an association that is responsible for paying taxes on
the separate interests within the development. 
   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 1366.4 is added to the Civil Code, to read:
   1366.4.   Notwithstanding   (a)  
  Except as provided in subdivision (b), notwithstanding
 any provision of this title or the governing documents to the
contrary, an association shall not levy assessments on separate
interests within the common interest development based on the taxable
value of the separate interests unless the association, on or before
December 31, 2009, in accordance with its  declaration
  governing documents  , levied assessments on
those separate interests based on their taxable value, as determined
by the tax assessor of the county in which the separate interests are
located. 
   (b) An association that is responsible for paying taxes on the
separate interests within the common interest development may levy
that portion of assessments on separate interests that is related to
the payment of taxes based on the taxable value of the separate
interest, as determined by the tax assessor.