BILL NUMBER: SB 1128	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2010

   An act to relating to common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1128, as introduced, DeSaulnier. Common interest developments:
transfers of title.
   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 provides that a regular or special assessment of
the association, late charges, reasonable costs of collection,
attorney's fees, and interest, as specified, are a debt of the owner
of the separate interest at the time the assessment or other sums are
levied, and are a lien on the owner's separate interest when the
association records a notice of delinquent assessment and follows a
specified process.  Existing law authorizes a community service
organization or similar entity that performs environmental mitigation
and that was established prior to February 20, 2003, and a community
service organization or similar entity established and collecting
transfer fees prior to January 1, 2004, that institutes specified fee
collection procedures on and after January 1, 2006, to impose or
collect an assessment, penalty, or fee in connection with a transfer
of title or any other interest in an amount not to exceed the actual
costs to change its records.
   This bill would provide that the Golden Rain Foundation of Walnut
Creek may apply a fee upon the sale or other transfer of title of a
separate interest within the common interest developments for which
it provides services under a declaration of trust if a fee was
applied to the sale or transfer of separate interests within that
common interest development prior to January 1, 2010, in accordance
with the provisions of existing law that apply to fees imposed and
collected by specified community service organizations or similar
entities that perform environmental mitigation.
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the purpose of ensuring the
continuity of services to residents of real property maintained by a
community service organization located in the County of Contra Costa.

   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.  Notwithstanding any other provision of law, the Golden
Rain Foundation of Walnut Creek may apply a fee upon the sale or
other transfer of title of a separate interest within the common
interest developments for which it provides services under a
declaration of trust if a fee was applied to the sale or transfer of
separate interests within that common interest development prior to
January 1, 2010. The fee shall be applied in accordance with
subdivision (c) of Section 1368 of the Civil Code.
  SEC. 2.  The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique need to ensure the continuity of services to
residents of real property maintained by a community service
organization located within the County of Contra Costa.