Amended in Senate September 3, 2013

Amended in Senate July 8, 2013

Amended in Senate June 24, 2013

Amended in Assembly April 10, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1024


Introduced by Assembly Member Torres

February 22, 2013


An act to amend Sections 11003.4 andbegin delete 11013.1of,end deletebegin insert 11013.1 of,end insert and to add Section 11013.6 to, the Business and Professions Code, and to amend Section 5100 of the Civil Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 1024, as amended, Torres. Real property: divided lands.

(1) Existing law exempts a limited-equity housing cooperative or a workforce housing cooperative trust from provisions of existing law governing subdivided land transactions that are applicable to stock cooperatives if the limited-equity housing cooperative or workforce housing cooperative trust complies with specified conditions.

This bill would revise the conditions for the exemption to, among other things, require that every party that executes a regulatory agreement with the cooperative satisfy itself that the rights of the cooperative members are provided adequate protection, as specified. By expanding the applicability of a crime, this bill would impose a state-mandated local program.

(2) Existing law prohibits the sale or lease of lots or parcels within a subdivision that is subject to a blanket encumbrance unless the encumbrance includes a specified release clause or certain conditions are met.

This bill would authorize the sale or lease of an individual interest in a defined stock cooperative or limited housing cooperative that is subject to a blanket encumbrance if specified conditions are met.

(3) The Davis-Stirling Common Interest Development Act establishes procedures for elections.

This bill would exempt a stock cooperative with bylaws that provide that all members and shareholders automatically become directors of the homeowners’ association from the procedures applicable to the election of directors of the homeowners’ association.

(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 11003.4 of the Business and Professions
2Code
is amended to read:

3

11003.4.  

(a) A “limited-equity housing cooperative” or a
4“workforce housing cooperative trust” is a corporation that meets
5the criteria of Section 11003.2 and that also meets the criteria of
6Sections 817 and 817.1 of the Civil Code, as applicable. Except
7as provided in subdivision (b), a limited-equity housing or
8workforce housing cooperative trust shall be subject to all the
9requirements of this chapter pertaining to stock cooperatives.

10(b) A limited-equity housing cooperative or a workforce housing
11cooperative trust shall be exempt from the requirements of this
12chapter if the limited-equity housing cooperative or workforce
13housing cooperative trust complies with all the following
14conditions:

15(1) The United States Department of Housing and Urban
16Development, the United States Department of Agriculture, the
17National Consumers Cooperative Bank, the California Housing
18Finance Agency, the Public Employees’ Retirement System
19(PERS), the State Teachers’ Retirement System (STRS), the
P3    1Department of Housing and Community Development, the Federal
2Home Loan Bank System or any of its member institutions, a state
3or federally chartered credit union, a state or federally certified
4community development financial institution, or the city, county,
5school district, or redevelopment agency in which the cooperative
6is located, alone or in any combination with each other, directly
7finances or subsidizes at least 50 percent of the total construction
8or development cost or one hundred thousand dollars ($100,000),
9whichever is less; or the real property to be occupied by the
10cooperative was sold or leased by the begin deleteDepartment ofend delete Transportation
11begin insert Agencyend insert, other state agency, a city, a county, or a school district
12for the development of the cooperative and has a regulatory
13agreement approved by the Department of Housing and Community
14Development for the term of the permanent financing,
15notwithstanding the source of the permanent subsidy or financing.

16(2) No more than 20 percent of the total development cost of a
17limited-equity mobilehome park, and no more than 10 percent of
18the total development cost of other limited-equity housing
19cooperatives, is provided by purchasers of membership shares.

20(3) A regulatory agreement that covers the cooperative for a
21term of at least as long as the duration of the permanent financing
22or subsidy, notwithstanding the source of the permanent subsidy
23or financing, has been duly executed between the recipient of the
24financing and either (A) one of the federal or state agencies
25specified in paragraph (1) or (B) a local public agency that is
26 providing financing for the project under a regulatory agreement
27meeting standards of the Department of Housing and Community
28Development. The regulatory agreement shall make provision for
29at least all of the following:

30(A) Assurances for completion of the common areas and
31facilities to be owned or leased by the limited-equity housing
32cooperative, unless a construction agreement between the same
33parties contains written assurances for completion.

34(B) Governing instruments for the organization and operation
35of the housing cooperative by the members.

36(C) The ongoing fiscal management of the project by the
37cooperative, including an adequate budget, reserves, and provisions
38for maintenance and management.

39(D) Distribution of a membership information report to any
40prospective purchaser of a membership share, prior to purchase
P4    1of that share. The membership information report shall contain
2full disclosure of the financial obligations and responsibilities of
3cooperative membership, the resale of shares, the financing of the
4cooperative including any arrangements made with any partners,
5membership share accounts, occupancy restrictions, management
6arrangements, and any other information pertinent to the benefits,
7risks, and obligations of cooperative ownership.

8(4) Every party that executes the regulatory agreement shall
9satisfy itself that the bylaws, articles of incorporation, occupancy
10agreement, subscription agreement, any lease of the regulated
11premises, any arrangement with partners, and arrangement for
12membership share accounts provide adequate protection of the
13rights of cooperative members.

14(5) Every provider of financing or subsidies shall receive from
15the attorney for the recipient of the financing or subsidy a legal
16opinion that the cooperative meets the requirements of Section
17817 of the Civil Code and the exemption provided by this section.

18(c) Any limited-equity cooperative, or workforce housing
19cooperative trust that meets the requirements for exemption
20pursuant to subdivision (b) may elect to be subject to all provisions
21of this chapter.

22(d) The developer of the cooperative shall notify the Bureau of
23Real Estate, on a form provided by the bureau, that an exemption
24is claimed under this section. The Bureau of Real Estate shall retain
25this form for at least four years for statistical purposes.

26

SEC. 2.  

Section 11013.1 of the Business and Professions Code
27 is amended to read:

28

11013.1.  

It shall be unlawful, except as provided in Section
2911013.2 or 11013.6, for the owner, subdivider, or agent to sell or
30lease lots or parcels within a subdivision that is subject to a blanket
31encumbrance unless there exists in the blanket encumbrance or
32other supplementary agreement a provision, hereinafter referred
33to as a release clause, which by its terms shall unconditionally
34provide that the purchaser or lessee of a lot or parcel can obtain
35legal title or other interest contracted for, free and clear of the
36blanket encumbrance, upon compliance with the terms and
37conditions of the purchase or lease.

38

SEC. 3.  

Section 11013.6 is added to the Business and
39Professions Code
, to read:

P5    1

11013.6.  

Notwithstanding Sections 11013.1 and 11013.2, an
2individual interest in a stock cooperative, as defined in Section
34190 of the Civil Code, or a limited equity housing cooperative,
4as defined in Section 817 of the Civil Code, may be sold or leased
5subject to a blanket encumbrance if all of the following conditions
6are met:

7(a) The notice required pursuant to Section 1133 of the Civil
8Code is provided to every prospective purchaser and lessee of the
9interest and is included in every purchase and lease contract.

10(b) The property subject to the sale or lease has obtained a public
11report from the Bureau of Real Estate that accounts for the blanket
12encumbrance.

13(c) The governing documents for the association require the
14association to create within one year of the sale of at least 50
15percent of the individual interests in the stock cooperative or
16limited-equity housing cooperative and maintain during the term
17of the blanket encumbrance a financing reserve amount equal to
18at least three months of the amount of the debt service payments
19due on the blanket encumbrance or a lesser amount acceptable to
20the commissioner.

21

SEC. 4.  

Section 5100 of the Civil Code is amended to read:

22

5100.  

(a) Notwithstanding any other law or provision of the
23governing documents, elections regarding assessments legally
24requiring a vote, election and removal of directors, amendments
25to the governing documents, or the grant of exclusive use of
26common area pursuant to Section 4600 shall be held by secret
27ballot in accordance with the procedures set forth in this article.

28(b) This article also governs an election on any topic that is
29expressly identified in the operating rules as being governed by
30this article.

31(c) The provisions of this article apply to both incorporated and
32unincorporated associations, notwithstanding any contrary
33 provision of the governing documents.

34(d) The procedures set forth in this article shall apply to votes
35cast directly by the membership, but do not apply to votes cast by
36delegates or other elected representatives.

37(e) In the event of a conflict between this article and the
38provisions of the Nonprofit Mutual Benefit Corporation Law (Part
393 (commencing with Section 7110) of Division 2 of Title 1 of the
P6    1Corporations Code) relating to elections, the provisions of this
2article shall prevail.

3(f) Directors shall not be required to be elected pursuant to this
4article if the governing documents provide that one member from
5each separate interest is a director.

6

SEC. 5.  

No reimbursement is required by this act pursuant to
7Section 6 of Article XIII B of the California Constitution because
8the only costs that may be incurred by a local agency or school
9district will be incurred because this act creates a new crime or
10infraction, eliminates a crime or infraction, or changes the penalty
11for a crime or infraction, within the meaning of Section 17556 of
12the Government Code, or changes the definition of a crime within
13the meaning of Section 6 of Article XIII B of the California
14Constitution.



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