BILL NUMBER: AB 1328	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 31, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN SENATE  JULY 15, 2009
	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN ASSEMBLY  MAY 28, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2009

   An act to add Section 1353.9 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1328, Salas. Common interest developments: contracts.
   The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. Under
existing law, a common interest development is managed by an
association pursuant to the provisions of the governing documents of
the development.
   This bill would provide that, notwithstanding any provision of the
governing documents to the contrary, an association may enter into a
contract for a water or energy efficiency program, not to exceed 5
years in duration, if the board of directors reasonably anticipates
that the contract will result in verifiable savings to the
association and the supplier is not an entity that the subdivider has
a direct or indirect interest in, as provided. This bill would also
provide that, prior to approving a multiyear contract, the board
shall provide notice of the proposed duration of the contract on the
agenda for any meeting at which the contract will be discussed or
voted on.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1353.9 is added to the Civil Code, to read:
   1353.9.  (a) Notwithstanding any provision of the governing
documents to the contrary, an association may enter into a contract
for a water or energy efficiency program, not to exceed five years in
duration, if the board reasonably anticipates that the contract will
result in verifiable savings to the association and the supplier is
not an entity that the subdivider, if the subdivider still has
representation on the board, has a direct or indirect ownership
interest in of 10 percent or more.
   (b) Prior to approving a multiyear contract for a water or energy
efficiency program pursuant to subdivision (a), the board of
directors shall provide notice of the proposed duration of the
contract on the agenda for any meeting at which the contract will be
discussed or voted on.