BILL NUMBER: AB 313	CHAPTERED
	BILL TEXT

	CHAPTER  431
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	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, 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.


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.  (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 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.