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  








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            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  








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          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  








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          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