BILL ANALYSIS AB 899 Page 1 Date of Hearing: May 13, 2009 ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT Norma Torres, Chair AB 899 (Torres) - As Amended: April 1, 2009 SUBJECT : Common interest developments: disclosures SUMMARY : Makes several changes to the Davis Stirling Common Interest Development Act (Act) governing common interest developments (CID). Specifically, this bill : 1)Creates the Disclosure Documents Index. 2)Requires the Disclosure Documents Index to be distributed to the members of a homeowners association (association) in a CID annually. 3)Requires the Assessment and Reserve Funding Disclosure Summary to specify the assumed long-term before-tax interest rate earned on reserve funds per year. 4)Requires the Assessment and Reserve Funding Disclosure Summary to specify the assumed long-term inflation rate applied to major component repair and replacement costs per year. EXISTING LAW : 1)Requires the board of directors of a CID to cause to be conducted, every three years, a reasonably competent diligent visual inspection of the accessible major components of the CID that the association is obligated to repair, replace, restore and maintain as part of a study of the reserve accounts required by the CID. The board must review the study and consider and implement any necessary adjustment to the board's analysis of the reserve account requirements. (Civil Code Section 1365.5) 2)Requires the reserve study to be summarized in the Assessment and Reserve Funding Disclosure Summary which must be provide with each pro forma operating budget or budget summary (Civil Code Section 1365.2.5). Requires an association to annually prepare and distribute to the owners a pro forma operating budget which must include the AB 899 Page 2 following (Civil Code Section 1365): a) The estimated revenue and expenses on an accrual basis; b) Summary of the associations reserves based on the most recent reserve of study; c) A statement as to whether or not the board of directors of the association has determined to defer or not undertake repairs or replacement of any major components and a justification for the deferral; and d) A general statement of the procedures used to calculate and establishment the amount of reserves needed. FISCAL EFFECT : None COMMENTS : There are over 41,000 CIDs in the state that range in size from three to 27,000 units. CIDs make up over four million total housing units which represents approximately one quarter of the state's housing stock. In the 1990s, over 60% of all residential construction starts in the state were CIDs. CIDs include condominiums, community apartment projects, and housing cooperatives and planned unit developments. They are characterized by a separate ownership of dwelling space coupled with an undivided interest in a common property, restricted by covenants and conditions that limit the use of common area, and the separate ownership interests and the management of common property and enforcement of restrictions by an association. CIDs are governed by the Act (Civil Code Section 1350 et al.) as well as the governing documents of the association including the bylaws, declaration, and operating rules. Except when CIDs are first developed, no state agency provides ongoing oversight to these communities. Associations are required to distribute to the members various disclosure documents including but not limited to a pro forma operating budget, assessment and reserve funding summary, assessment collection policy, and disclosure of an owner's rights to alternative dispute resolution. The disclosure documents that are required to be distributed to the owners are scattered in multiple code sections throughout the Act. Associations are also required to complete a reserve study of the major components of the CID at least every three years. The AB 899 Page 3 major components are defined as components in the development that the association is required to maintain or replace with a service life of 30 years or less. The board is required to review the reserve study annually and determine whether deterioration of the major components over the past year warrant adjustment of the reserve funding. If the board determines that an adjustment is required the regular special assessments can be adjusted to reflect the increase necessary to meet funding goals. Existing law requires the association to distribute an Assessment and Reserve Funding Disclosure Summary that includes current regular assessment per ownership interest, the additional special or regular assessments that have been approved by the board and or members, and an assessment by the board of directors as to whether or not the current projected reserve account balances will be sufficient to meet the association's obligations. The purpose of the Assessment and Reserve Funding Disclosure Summary is to give the association a sense of what is needed to fund the reserves necessary to maintain the community. The purpose of this bill is to provide clarity and transparency for association boards of directors and owners of separate interests relative to the many disclosures required within the Act. AB 899 would create an index of the disclosure documents in the Act and would further require the index to be distributed to the owners of each separate interest. Additionally this bill would require that the Assessment and Reserve Funding Summary specify the annual interest rate earned on the reserve funds per year and the assumed long-term inflation rate to be applied to major component repair and replacement costs each year. Arguments in support : Western Center on Law & Poverty and the California Rural Legal Assistance Foundation writes in support, "many statewide housing assistance programs require a specified percentage of affordable units with income limits, resale controls and timeframes. While mortgage costs are tightly controlled based on the homeowner's income association fees are no similarly limited. In some cases increases have resulted in low-income homeowners either losing their home or paying a very high percentage of their income to remain in their home. AB 899 will provide more information to the homeowners regarding the financial assumptions upon which association decisions will be made. By providing greater information all homeowners, but particularly lower income AB 899 Page 4 homeowners will be better able to judge if assessments are likely to increase." Committee amendments: The author has agreed to take the following amendments: 1)On page 5, lines 18 and 20, change "annum" to "year". 2)On page 3 after the disclosure document insert, "the Disclosure Documents Index may be distributed pursuant to Civil Code Section1350.7." This section allows the association to distribute documents electronically if the owner agreed to that method of delivery. REGISTERED SUPPORT / OPPOSITION : Support Executive Council of Homeowners (sponsor) California Rural Legal Assistance Foundation Western Center on Law & Poverty Opposition None on file. Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085