BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 806
Author: Torres (D)
Amended: 1/4/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 9-0, 1/10/12
AYES: DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal,
Pavley, Rubio, Simitian
SENATE JUDICIARY COMMITTEE : 5-0, 6/19/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
ASSEMBLY FLOOR : 73-0, 5/2/11 (Consent) - See last page for
vote
SUBJECT : Common interest developments
SOURCE : California Law Revision Commission
DIGEST : This bill makes 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).
ANALYSIS : 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. (Civil Code
Section 1350 et seq.)
CONTINUED
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This bill, operative January 1, 2014, makes technical and
conforming changes to reflect the reorganization and
recodification of the Davis-Stirling Common Interest
Development Act proposed by AB 805.
Background
In California, 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Davis-Stirling Act be repealed and replaced with a revised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 revises and
recasts the Davis-Stirling Act and makes noncontroversial
substantive changes to its text, this bill makes the
technical and conforming changes to other statutes
necessary to correct cross-references that are affected by
the proposed reorganization.
Contingent language . This bill becomes operative on
January 1, 2014, only if AB 805 becomes operative on or
before that date. That contingent enactment language
ensures that the proposed changes to cross-references in
other statutes will not go into effect unless the companion
bill, AB 805, also goes into effect.
Furthermore, this bill includes a subordination clause to
ensure that any other bill chaptered this year that does
not also have a subordination clause is not chaptered out
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by the technical changes proposed by this bill.
Related legislation . AB 805 (Torres) is on the Senate
Third Reading File.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/21/12)
California Law Revision Commission (source)
Executive Council of Homeowners
ARGUMENTS IN SUPPORT : 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."
ASSEMBLY FLOOR : 73-0, 5/02/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Campos, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng,
Feuer, Fletcher, Fong, Furutani, Garrick, Gatto, Gordon,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Hill,
Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara,
Logue, Bonnie Lowenthal, Ma, Mansoor, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Charles Calderon, Fuentes, Galgiani,
Gorell, Roger Hernández, Mendoza, Vacancy
RJG:m 6/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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