BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2011-2012 Regular Session
AB 806 (Torres)
As Amended January 4, 2012
Hearing Date: June 19, 2012
Fiscal: No
Urgency: No
BCP:rm
SUBJECT
Common Interest Developments
DESCRIPTION
This bill would make technical and conforming corrections of
cross-references to the Davis-Stirling Common Interest
Development Act, which is proposed to be revised and recast by
AB 805 (Torres, 2012).
BACKGROUND
In California, common interest developments (CIDs) are governed
by the Davis-Stirling Common Interest Development Act
(Davis-Stirling Act). Owners of separate property in CIDs have
an undivided interest in the common property of the development
and are subject to the CIDs covenants, conditions and
restrictions. CIDs are also governed by a homeowners
association, which is run by volunteer directors that may or may
not have prior experience managing an association.
In response to concerns that the Davis-Stirling Act is not well
organized or easy to use, the California Law Revision Commission
(CLRC) recommended that the existing Davis-Stirling Act be
repealed and replaced with a revised version that would continue
the substance of existing law in a more logical and
user-friendly form. CLRC's original recommendation for
recodification was introduced in 2008, but was held in the
Senate Transportation and Housing Committee. The CLRC revisited
the issue and formulated a subsequent recommendation, which was
introduced in this bill and AB 805 (Torres, 2012). While AB 805
would revise and recast the Davis-Stirling Act and make
(more)
AB 806 (Torres)
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noncontroversial substantive changes to its text, this bill
would make the technical and conforming changes to other
statutes necessary to correct cross-references that are affected
by the proposed reorganization.
CHANGES TO EXISTING LAW
Existing law , the Davis-Stirling Common Interest Development
Act, establishes the rules and regulations governing the
operation of a common interest development (CID) and the
respective rights and duties of a homeowners association and its
members. (Civ. Code Sec. 1350 et seq.)
This bill , operative January 1, 2014, would make technical and
conforming changes to reflect the reorganization and
recodification of the Davis-Stirling Common Interest Development
Act proposed by AB 805.
COMMENT
1. Stated need for the bill
According to the author:
AB 806 (Torres) is a companion bill to AB 805. AB 806 makes
the technical and conforming changes . . . needed so that
all cross-references to the Davis-Stirling Common Interest
Development Act Ý(Davis-Stirling Act)] are consistent with
the comprehensive reorganization and recodification of that
Act, as proposed by AB 805. AB 806 is contingent upon the
enactment of AB 805.
2. History of proposed revision
As noted above, this bill would make the technical and
conforming changes to cross-references that are necessary to
implement the comprehensive revision of the Davis-Stirling Act
proposed by AB 805. Staff notes that the substance of both
bills have been the subject of extensive public vetting since
the California Law Revision's (CLRC) pre-print recommendation
was issued in December of 2007, and have no known opposition.
The original pre-print recommendation was introduced in the form
of AB 1921 (Saldana) on February 8, 2008, but was held in the
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Senate Transportation & Housing Committee. The CLRC issued
their final recommendation for the "Statutory Clarification and
Simplification of CID Law" in February of 2011, and, AB 806 was
introduced on February 17, 2011. Thus, these bills reflect the
culmination of over six years of review by the CLRC, public
hearings, and extensive discussions with stakeholders.
3. Contingent language
This bill would become operative on January 1, 2014 only if AB
805 becomes operative on or before that date. That contingent
enactment language would ensure that the proposed changes to
cross-references in other statutes would not go into effect
unless the companion bill, AB 805, also goes into effect.
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Furthermore, this bill would include a subordination clause to
ensure that any other bill chaptered this year that does not
also have a subordination clause is not chaptered out by the
technical changes proposed by this bill.
Support : Executive Council of Homeowners
Opposition : None Known
HISTORY
Source : California Law Revision Commission
Related Pending Legislation :
AB 805 (Torres) See Background.
Prior Legislation : AB 1921 (Saldana, 2008) See Comment 2.
Prior Vote :
Assembly Housing & Community Development Committee (Ayes 7, Noes
0)
Assembly Judiciary Committee (Ayes 9, Noes 0)
Assembly Floor (Ayes 73, Noes 0)
Senate Transportation & Housing Committee (Ayes 9, Noes 0)
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