BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1995|
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THIRD READING
Bill No: AB 1995
Author: Levine (D)
Amended: 6/30/14 in Senate
Vote: 21
SENATE GOVERNANCE & FINANCE COMMITTEE : 7-0, 6/25/14
AYES: Wolk, Knight, Beall, DeSaulnier, Hernandez, Liu, Walters
ASSEMBLY FLOOR : 74-0, 4/10/14 (Consent) - See last page for
vote
SUBJECT : Community service districts: covenants, conditions,
and restrictions: enforcement
SOURCE : Author
DIGEST : This bill authorizes the Bel Marin Keys Community
Services District (District) to enforce all or part of the
covenants, conditions, and restrictions (CC&Rs) for a tract
within that District, and to assume the duties of an
architectural control committee for that tract, as provided.
ANALYSIS : The Community Services Districts Law is the
principal act that governs community services districts (CSDs),
which are a form of special district. The law governing CSDs
was initially passed in 1951 (AB 2034, Calderott, Chapter 1711)
and re-enacted in 1955 (SB 1714, Desmond, Chapter 1446). In
2005, the Legislature revised the Community Services District
Law (SB 135, Kehoe, Chapter 249) with the help of a working
group.
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AB 1995
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A CSD can deliver 31 different types of services and facilities,
such as police protection, road maintenance, and parks and
recreation. Most of the state's 326 CSDs perform only a few of
these authorized services, depending on what local residents and
property owners are willing to fund.
This bill authorizes the District to enforce all or part of the
CC&Rs for a tract within that District, and to assume the duties
of an architectural control committee for that tract, as
provided. Before the District can enforce CC&Rs, and assume the
duties of an architectural control committee, for a tract, the
District board of directors shall:
1.Receive a written request from the board of directors of the
tract's property owners' association or homeowners'
association (HOA), with a petition signed by a majority of the
property owners within the tracts covered by those
associations, requesting the District to enforce the CC&Rs for
that tract and assume the duties of the architectural control
committee, if an architectural control committee is called for
in the CC&Rs.
2.Conduct a public hearing after giving mailed notice to each
affected property owner of the date, time, and location of the
meeting.
3.Submit an application to the local agency formation commission
specifying the exact nature and scope of the intended services
to be provided by the District.
4.Receive the approval of the local agency formation commission,
which may include completion terms deemed appropriate by the
commission, to enforce CC&Rs for a tract, and to assume the
duties of the architectural control committee for that tract.
5.Adopt an ordinance assuming the power to enforce CC&Rs for a
tract, and to assume the duties of the architectural control
committee for that tract, provided that the ordinance
requires:
A. The property owners within the tract to finance the
enforcement of the CC&Rs, and the duties of the
architectural control committee.
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AB 1995
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3
B. The tract's property owners' association or HOA to
indemnify the District for the costs of any litigation,
settlements, injuries, damages, or judgments arising from
enforcement of the CC&Rs, and the District's duties as the
architectural control committee.
This bill provides that the District may, by ordinance, divest
itself of the power undertaken under this bill.
Background
The Legislature has granted special powers to individual CSDs
when communities face unique circumstances. Eight CSDs have the
authority to enforce CC&Rs on behalf of HOAs within their
districts. The eight CSDs that have this special power are:
Cameron Park CSD, El Dorado County,
El Dorado Hills CSD, El Dorado County,
Golden Hills, CSD, Kern County,
Mountain House CSD, Alameda County,
Rancho Murieta CSD, Sacramento County,
Salton CSD, Riverside County,
Stallion Springs CSD, Kern County, and
Tenaja CSD, Riverside County.
CC&Rs are limitations and rules placed on a group of homes by a
builder, developer, neighborhood association or HOA. Subject to
legal limitations, CC&Rs can place restrictions of almost any
kind on homeowners, from exterior paint color to restrictions on
curb-side parking, as long as the homeowners electing to adopt
the CC&Rs agree to them. CC&Rs generally outline procedures for
amendments or rescission.
Prior to the 2005 CSD law revision, 18 CSDs were authorized to
enforce CC&Rs. The working group contacted each CSD to ask if
they were actively enforcing CC&Rs. At that time, ten CSDs
indicated that they were not, and the revision to the CSD law
repealed their CC&R enforcement authority. At that time, Bel
Marin Keys CSD was authorized to enforce CC&Rs, but it indicated
that the authority was not being used. The 2005 revision
repealed its authority. Bel Marin Keys CSD indicates that this
change was an error and would like the Legislature to
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re-authorize its authority to enforce CC&Rs within its district.
Comments
This bill remedies an oversight that resulted in the District
losing its statutory authority to enforce CC&Rs on behalf of
residents. The District exercised this authority as far back as
1982, until that authority was repealed in 2005.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 7/1/14)
Bel Marin Keys Community Services District
County of Marin, 5th District, Supervisor Judy Arnold
Marin Local Agency Formation Commission
ARGUMENTS IN SUPPORT : According to the author, "AB 1995 would
simply restore the Bel Marin Keys CSD ability to enforce CC&R's
in their district and help preserve the character of the unique
community."
ASSEMBLY FLOOR : 74-0, 4/10/14
AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Dickinson, Donnelly, Fong, Fox, Frazier, Beth
Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Alejo, Daly, Eggman, Jones, Salas, Vacancy
AB:k 7/2/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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