Amended in Assembly June 11, 2013

Amended in Senate April 15, 2013

Senate Bill No. 745

Introduced by Committee on Transportation and Housing (Senators DeSaulnier (Chair), Beall, Cannella, Gaines, Galgiani, begin delete Hill end delete begin insert Hueso end insert , Lara, Liu, Pavley, Roth, and Wyland)

February 22, 2013

An act to amend Sections begin insert 1101.5, end insert 1941.4, 2924b, 4005, 4035, begin insert 4070, end insert 4090, begin insert 4205, end insert 4290, begin insert 4350, end insert 4525, 4528, begin delete and end delete 4530 begin insert , and 4920 end insert of, and to repeal Sections 1363.05, 1368, and 1368.2 of, the Civil Code, to amend begin delete Section end delete begin insert Sections end insert 12191 begin insert and 65582 end insert of, and to repeal Section 65585.2 of, the Government Code, and to amend begin delete Section end delete begin insert Sections end insert 13114 begin insert and 50675.14 end insert of the Health and Safety Code, relating to housing.

LEGISLATIVE COUNSEL’S DIGEST

SB 745, as amended, Committee on Transportation and Housing. Housing.

begin insert

(1) Existing law requires on and after January 1, 2014, replacement of noncompliant plumbing fixtures in multifamily residential real property and commercial real property, as specified.

end insert begin insert

This bill would make a technical nonsubstantive change.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Existing law, the Davis-Sterling Common Interest Development Act defines and regulates common interest developments. Operative January 1, 2014, the act will be reorganized and recodified.

This bill would repeal provisions of the act that are superseded by the reorganization and recodification of the act. The bill would make other conforming changes, begin insert would authorize an action that is required to be approved by a majority of a quorum of the members at a duly held meeting at which a quorum is present to, instead, be approved by a majority in a duly held election in which a quorum is represented, would revise provisions governing inconsistencies between the governing documents and the law and other inconsistencies to instead apply to conflicts, end insert would authorize delivery of documents to the homeowner’s association by specified types of mail delivery, would revise requirements for a board teleconference and the form for billing disclosures, and would prohibit cancellation fees for requests for documents, as specified.

begin delete

(2)

end delete

begin insert (3) end insert  Existing law requires the lessor of a building intended for residential occupation to ensure that the inside telephone wiring meets the applicable standards of the most recent National Electrical Code.

This bill would replace the reference to the National Electrical Code with the California Electrical Code.

begin delete

(3)

end delete

begin insert (4) end insert  Existing law requires the State Fire Marshal to adopt regulations to control the quality and installation of fire alarm systems and devices, and prohibits the marketing, distribution, or sale of any fire alarm system or device that has not been approved by the State Fire Marshal.

Existing law, commencing January 1, 2014, requires a smoke alarm to meet prescribed requirements, including, but not limited to, the requirement that it incorporate an end-of-life feature that provides notice that the device needs to be replaced begin insert and that it, if battery operated, contain a nonreplaceable, nonremovable battery capable of powering the smoke alarm at least 10 years end insert in order for the smoke alarm to be approved by the State Fire begin delete Marshal, and end delete begin insert Marshal. Existing law end insert authorizes the State Fire Marshal to suspend enforcement of this requirement for a period not to exceed 6 months.

This bill would begin insert , commencing July 1, 2014, recast those provisions to, instead, require a smoke alarm that is only battery operated to contain a nonreplaceable, nonremovable battery capable of powering the smoke alarm for at least 10 years in order to be approved by the State Fire Marshal. The bill would also require, commencing January 1, 2015, a smoke alarm to display the manufacture date, provide a place to write the date of installation on the device, and incorporate a hush feature in order for the State Fire Marshal to approve it. The bill would end insert delete the begin delete requirement that a smoke alarm incorporate an end-of-life feature, and, the end delete authority for the State Fire Marshal to suspend begin delete its end delete enforcement begin insert of these requirements end insert .

begin delete

(4)

end delete

begin insert (5) end insert  This bill would delete an obsolete provision related to eligibility for funding under the Housing and Emergency Shelter Trust Fund Act of 2002.

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 1101.5 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

1101.5.  

(a) On or before January 1, 2019, all noncompliant
plumbing fixtures in any multifamily residential real property and
in any commercial real property shall be replaced with
water-conserving plumbing fixtures.

(b) An owner or the owner’s agent may enter the owner’s
property for the purpose of installing, repairing, testing, and
maintaining water-conserving plumbing fixtures required by this
section, consistent with notice requirements of Section 1954.

(c) On and after January 1, 2019, the water-conserving plumbing
fixtures required by this section shall be operating at the
manufacturer’s rated water consumption at the time that the tenant
takes possession. A tenant shall be responsible for notifying the
owner or owner’s agent if the tenant becomes aware that a
water-conserving plumbing fixture within his or her unit is not
operating at the manufacturer’s rated water consumption. The
owner or owner’s agent shall correct an inoperability in a
water-conserving plumbing fixture upon notice by the tenant or if
detected by the owner or the owner’s agent.

(d) (1) On and after January 1, 2014, all noncompliant plumbing
fixtures in any multifamily residential real property and any
commercial begin delete residential end delete real property shall be replaced with
water-conserving plumbing fixtures in the following circumstances:

(A) For building additions in which the sum of concurrent
building permits by the same permit applicant would increase the
floor area of the space in a building by more than 10 percent, the
building permit applicant shall replace all noncompliant plumbing
fixtures in the building.

(B) For building alterations or improvements in which the total
construction cost estimated in the building permit is greater than
one hundred fifty thousand dollars ($150,000), the building permit
applicant shall replace all noncompliant plumbing fixtures that
service the specific area of the improvement.

(C) Notwithstanding subparagraph (A) or (B), for any alterations
or improvements to a room in a building that require a building
permit and that room contains any noncompliant plumbing fixtures,
the building permit applicant shall replace all noncompliant
plumbing fixtures in that room.

(2) Replacement of all noncompliant plumbing fixtures with
water-conserving plumbing fixtures, as described in paragraph (1),
shall be a condition for issuance of a certificate of final completion
and occupancy or final permit approval by the local building
department.

(e) On and after January 1, 2019, a seller or transferor of
multifamily residential real property or of commercial real property
shall disclose to the prospective purchaser or transferee, in writing,
the requirements of subdivision (a) and whether the property
includes any noncompliant plumbing fixtures. This disclosure may
be included in other transactional documents.

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 1363.05 of the Civil Code is repealed.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 1368 of the Civil Code is repealed.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 1368.2 of the Civil Code is repealed.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 1941.4 of the Civil Code is amended to read:

1941.4.  

The lessor of a building intended for the residential
occupation of human beings shall be responsible for installing at
least one usable telephone jack and for placing and maintaining
the inside telephone wiring in good working order, shall ensure
that the inside telephone wiring meets the applicable standards of
the most recent California Electrical Code, and shall make any
required repairs. The lessor shall not restrict or interfere with access
by the telephone utility to its telephone network facilities up to the
demarcation point separating the inside wiring.

“Inside telephone wiring” for purposes of this section, means
that portion of the telephone wire that connects the telephone
equipment at the customer’s premises to the telephone network at
a demarcation point determined by the telephone corporation in
accordance with orders of the Public Utilities Commission.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 2924b of the Civil Code is amended to read:

2924b.  

(a) Any person desiring a copy of any notice of default
and of any notice of sale under any deed of trust or mortgage with
power of sale upon real property or an estate for years therein, as
to which deed of trust or mortgage the power of sale cannot be
exercised until these notices are given for the time and in the
manner provided in Section 2924 may, at any time subsequent to
recordation of the deed of trust or mortgage and prior to recordation
of notice of default thereunder, cause to be filed for record in the
office of the recorder of any county in which any part or parcel of
the real property is situated, a duly acknowledged request for a
copy of the notice of default and of sale. This request shall be
signed and acknowledged by the person making the request,
specifying the name and address of the person to whom the notice
is to be mailed, shall identify the deed of trust or mortgage by
stating the names of the parties thereto, the date of recordation
thereof, and the book and page where the deed of trust or mortgage
is recorded or the recorder’s number, and shall be in substantially
the following form:

 

“In accordance with Section 2924b, Civil Code, request is hereby made that a copy of any notice of default and a copy of any notice of sale under the deed of trust (or mortgage) recorded ______, ____, in Book _____ page ____ records of ____ County, (or filed for record with recorder’s serial number ____, _______  County) California, executed by ____ as trustor (or mortgagor) in which ________ is named as beneficiary (or mortgagee) and ______________ as trustee be mailed to
at	.
Name	Address
NOTICE:  A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded.
	Signature     ”

 

Upon the filing for record of the request, the recorder shall index
in the general index of grantors the names of the trustors (or
mortgagor) recited therein and the names of persons requesting
copies.

(b) The mortgagee, trustee, or other person authorized to record
the notice of default or the notice of sale shall do each of the
following:

(1) Within 10 business days following recordation of the notice
of default, deposit or cause to be deposited in the United States
mail an envelope, sent by registered or certified mail with postage
prepaid, containing a copy of the notice with the recording date
shown thereon, addressed to each person whose name and address
are set forth in a duly recorded request therefor, directed to the
address designated in the request and to each trustor or mortgagor
at his or her last known address if different than the address
specified in the deed of trust or mortgage with power of sale.

(2) At least 20 days before the date of sale, deposit or cause to
be deposited in the United States mail an envelope, sent by
registered or certified mail with postage prepaid, containing a copy
of the notice of the time and place of sale, addressed to each person
whose name and address are set forth in a duly recorded request
therefor, directed to the address designated in the request and to
each trustor or mortgagor at his or her last known address if
different than the address specified in the deed of trust or mortgage
with power of sale.

(3) As used in paragraphs (1) and (2), the “last known address”
of each trustor or mortgagor means the last business or residence
physical address actually known by the mortgagee, beneficiary,
trustee, or other person authorized to record the notice of default.
For the purposes of this subdivision, an address is “actually known”
if it is contained in the original deed of trust or mortgage, or in
any subsequent written notification of a change of physical address
from the trustor or mortgagor pursuant to the deed of trust or
mortgage. For the purposes of this subdivision, “physical address”
does not include an email or any form of electronic address for a
trustor or mortgagor. The beneficiary shall inform the trustee of
the trustor’s last address actually known by the beneficiary.
However, the trustee shall incur no liability for failing to send any
notice to the last address unless the trustee has actual knowledge
of it.

(4) A “person authorized to record the notice of default or the
notice of sale” shall include an agent for the mortgagee or
beneficiary, an agent of the named trustee, any person designated
in an executed substitution of trustee, or an agent of that substituted
trustee.

(c) The mortgagee, trustee, or other person authorized to record
the notice of default or the notice of sale shall do the following:

(1) Within one month following recordation of the notice of
default, deposit or cause to be deposited in the United States mail
an envelope, sent by registered or certified mail with postage
prepaid, containing a copy of the notice with the recording date
shown thereon, addressed to each person set forth in paragraph
(2), provided that the estate or interest of any person entitled to
receive notice under this subdivision is acquired by an instrument
sufficient to impart constructive notice of the estate or interest in
the land or portion thereof that is subject to the deed of trust or
mortgage being foreclosed, and provided the instrument is recorded
in the office of the county recorder so as to impart that constructive
notice prior to the recording date of the notice of default and
provided the instrument as so recorded sets forth a mailing address
that the county recorder shall use, as instructed within the
instrument, for the return of the instrument after recording, and
which address shall be the address used for the purposes of mailing
notices herein.

(2) The persons to whom notice shall be mailed under this
subdivision are:

(A) The successor in interest, as of the recording date of the
notice of default, of the estate or interest or any portion thereof of
the trustor or mortgagor of the deed of trust or mortgage being
foreclosed.

(B) The beneficiary or mortgagee of any deed of trust or
mortgage recorded subsequent to the deed of trust or mortgage
being foreclosed, or recorded prior to or concurrently with the
deed of trust or mortgage being foreclosed but subject to a recorded
agreement or a recorded statement of subordination to the deed of
trust or mortgage being foreclosed.

(C) The assignee of any interest of the beneficiary or mortgagee
described in subparagraph (B), as of the recording date of the notice
of default.

(D) The vendee of any contract of sale, or the lessee of any
lease, of the estate or interest being foreclosed that is recorded
subsequent to the deed of trust or mortgage being foreclosed, or
recorded prior to or concurrently with the deed of trust or mortgage
being foreclosed but subject to a recorded agreement or statement
of subordination to the deed of trust or mortgage being foreclosed.

(E) The successor in interest to the vendee or lessee described
in subparagraph (D), as of the recording date of the notice of
default.

(F) The office of the Controller, Sacramento, California, where,
as of the recording date of the notice of default, a “Notice of Lien
for Postponed Property Taxes” has been recorded against the real
property to which the notice of default applies.

(3) At least 20 days before the date of sale, deposit or cause to
be deposited in the United States mail an envelope, sent by
registered or certified mail with postage prepaid, containing a copy
of the notice of the time and place of sale addressed to each person
to whom a copy of the notice of default is to be mailed as provided
in paragraphs (1) and (2), and addressed to the office of any state
taxing agency, Sacramento, California, that has recorded,
subsequent to the deed of trust or mortgage being foreclosed, a
notice of tax lien prior to the recording date of the notice of default
against the real property to which the notice of default applies.

(4) Provide a copy of the notice of sale to the Internal Revenue
Service, in accordance with Section 7425 of the Internal Revenue
Code and any applicable federal regulation, if a “Notice of Federal
Tax Lien under Internal Revenue Laws” has been recorded,
subsequent to the deed of trust or mortgage being foreclosed,
against the real property to which the notice of sale applies. The
failure to provide the Internal Revenue Service with a copy of the
notice of sale pursuant to this paragraph shall be sufficient cause
to rescind the trustee’s sale and invalidate the trustee’s deed, at
the option of either the successful bidder at the trustee’s sale or
the trustee, and in either case with the consent of the beneficiary.
Any option to rescind the trustee’s sale pursuant to this paragraph
shall be exercised prior to any transfer of the property by the
successful bidder to a bona fide purchaser for value. A rescission
of the trustee’s sale pursuant to this paragraph may be recorded in
a notice of rescission pursuant to Section 1058.5.

(5) The mailing of notices in the manner set forth in paragraph
(1) shall not impose upon any licensed attorney, agent, or employee
of any person entitled to receive notices as herein set forth any
duty to communicate the notice to the entitled person from the fact
that the mailing address used by the county recorder is the address
of the attorney, agent, or employee.

(d) Any deed of trust or mortgage with power of sale hereafter
executed upon real property or an estate for years therein may
contain a request that a copy of any notice of default and a copy
of any notice of sale thereunder shall be mailed to any person or
party thereto at the address of the person given therein, and a copy
of any notice of default and of any notice of sale shall be mailed
to each of these at the same time and in the same manner required
as though a separate request therefor had been filed by each of
these persons as herein authorized. If any deed of trust or mortgage
with power of sale executed after September 19, 1939, except a
deed of trust or mortgage of any of the classes excepted from the
provisions of Section 2924, does not contain a mailing address of
the trustor or mortgagor therein named, and if no request for special
notice by the trustor or mortgagor in substantially the form set
forth in this section has subsequently been recorded, a copy of the
notice of default shall be published once a week for at least four
weeks in a newspaper of general circulation in the county in which
the property is situated, the publication to commence within 10
business days after the filing of the notice of default. In lieu of
publication, a copy of the notice of default may be delivered
personally to the trustor or mortgagor within the 10 business days
or at any time before publication is completed, or by posting the
notice of default in a conspicuous place on the property and mailing
the notice to the last known address of the trustor or mortgagor.

(e) Any person required to mail a copy of a notice of default or
notice of sale to each trustor or mortgagor pursuant to subdivision
(b) or (c) by registered or certified mail shall simultaneously cause
to be deposited in the United States mail, with postage prepaid and
mailed by first-class mail, an envelope containing an additional
copy of the required notice addressed to each trustor or mortgagor
at the same address to which the notice is sent by registered or
certified mail pursuant to subdivision (b) or (c). The person shall
execute and retain an affidavit identifying the notice mailed,
showing the name and residence or business address of that person,
that he or she is over the age of 18 years, the date of deposit in the
mail, the name and address of the trustor or mortgagor to whom
sent, and that the envelope was sealed and deposited in the mail
with postage fully prepaid. In the absence of fraud, the affidavit
required by this subdivision shall establish a conclusive
presumption of mailing.

(f) (1) Notwithstanding subdivision (a), with respect to separate
interests governed by an association, as defined in Section 4080,
the association may cause to be filed in the office of the recorder
in the county in which the separate interests are situated a request
that a mortgagee, trustee, or other person authorized to record a
notice of default regarding any of those separate interests mail to
the association a copy of any trustee’s deed upon sale concerning
a separate interest. The request shall include a legal description or
the assessor’s parcel number of all the separate interests. A request
recorded pursuant to this subdivision shall include the name and
address of the association and a statement that it is a homeowners’
association. Subsequent requests of an association shall supersede
prior requests. A request pursuant to this subdivision shall be
recorded before the filing of a notice of default. The mortgagee,
trustee, or other authorized person shall mail the requested
information to the association within 15 business days following
the date of the trustee’s sale. Failure to mail the request, pursuant
to this subdivision, shall not affect the title to real property.

(2) A request filed pursuant to paragraph (1) does not, for
purposes of Section 27288.1 of the Government Code, constitute
a document that either effects or evidences a transfer or
encumbrance of an interest in real property or that releases or
terminates any interest, right, or encumbrance of an interest in real
property.

(g) No request for a copy of any notice filed for record pursuant
to this section, no statement or allegation in the request, and no
record thereof shall affect the title to real property or be deemed
notice to any person that any person requesting copies of notice
has or claims any right, title, or interest in, or lien or charge upon
the property described in the deed of trust or mortgage referred to
therein.

(h) “Business day,” as used in this section, has the meaning
specified in Section 9.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 4005 of the Civil Code is amended to read:

4005.  

Division, part, title, chapter, article, and section headings
do not in any manner affect the scope, meaning, or intent of this
begin delete part end delete begin insert act end insert .

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

Section 4035 of the Civil Code is amended to read:

4035.  

(a) If a provision of this begin delete part end delete begin insert act end insert requires that a document
be delivered to an association, the document shall be delivered to
the person designated in the annual policy statement, prepared
pursuant to Section 5310, to receive documents on behalf of the
association. If no person has been designated to receive documents,
the document shall be delivered to the president or secretary of
the association.

(b) A document delivered pursuant to this section may be
delivered by any of the following methods:

(1) By email, facsimile, or other electronic means, if the
association has assented to that method of delivery.

(2) By personal delivery, if the association has assented to that
method of delivery. If the association accepts a document by
personal delivery it shall provide a written receipt acknowledging
delivery of the document.

(3) By first-class mail, postage prepaid, registered or certified
mail, express mail, or overnight delivery by an express service
center.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 4070 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4070.  

If a provision of this act requires that an action be
approved by a majority of a quorum of the members, the action
shall be approved or ratified by an affirmative vote of a majority
of the votes represented and voting begin delete at a duly held meeting at which
a quorum is present end delete begin insert in a duly held election in which a quorum is
represented end insert , which affirmative votes also constitute a majority of
the required quorum.

begin delete SEC. 8. end delete
begin insert SEC. 10. end insert   

Section 4090 of the Civil Code is amended to read:

4090.  

“Board meeting” means either of the following:

(a) A congregation, at the same time and place, of a sufficient
number of directors to establish a quorum of the board, to hear,
discuss, or deliberate upon any item of business that is within the
authority of the board.

(b) A teleconference, where a sufficient number of directors to
establish a quorum of the board, in different locations, are
connected by electronic means, through audio or video, or both.
A teleconference meeting shall be conducted in a manner that
protects the rights of members of the association and otherwise
complies with the requirements of this act. Except for a meeting
that will be held solely in executive session, the notice of the
teleconference meeting shall identify at least one physical location
so that members of the association may attend, and at least one
director or a person designated by the board shall be present at
that location. Participation by directors in a teleconference meeting
constitutes presence at that meeting as long as all directors
participating are able to hear one another, as well as members of
the association speaking on matters before the board.

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Section 4205 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4205.  

(a) To the extent of any begin delete inconsistency end delete begin insert conflict end insert between
the governing documents and the law, the law begin delete controls end delete begin insert shall
prevail end insert .

(b) To the extent of any begin delete inconsistency end delete begin insert conflict end insert between the
articles of incorporation and the declaration, the declaration
begin delete controls end delete begin insert shall prevail end insert .

(c) To the extent of any begin delete inconsistency end delete begin insert conflict end insert between the
bylaws and the articles of incorporation or declaration, the articles
of incorporation or declaration begin delete control end delete begin insert shall prevail end insert .

(d) To the extent of any begin delete inconsistency end delete begin insert conflict end insert between the
operating rules and the bylaws, articles of incorporation, or
declaration, the bylaws, articles of incorporation, or declaration
begin delete control end delete begin insert shall prevail end insert .

begin delete SEC. 9. end delete
begin insert SEC. 12. end insert   

Section 4290 of the Civil Code is amended to read:

4290.  

(a) The certificate consenting to the recordation of a
condominium plan that is required by subdivision (c) of Section
begin delete 4185 end delete begin insert 4285 end insert shall be signed and acknowledged by all of the
following persons:

(1) The record owner of fee title to that property included in the
condominium project.

(2) In the case of a condominium project that will terminate
upon the termination of an estate for years, by all lessors and
lessees of the estate for years.

(3) In the case of a condominium project subject to a life estate,
by all life tenants and remainder interests.

(4) The trustee or the beneficiary of each recorded deed of trust,
and the mortgagee of each recorded mortgage encumbering the
property.

(b) Owners of mineral rights, easements, rights-of-way, and
other nonpossessory interests do not need to sign the certificate.

(c) In the event a conversion to condominiums of a community
apartment project or stock cooperative has been approved by the
required number of owners, trustees, beneficiaries, and mortgagees
pursuant to Section 66452.10 of the Government Code, the
certificate need only be signed by those owners, trustees,
beneficiaries, and mortgagees approving the conversion.

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Section 4350 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4350.  

An operating rule is valid and enforceable only if all of
the following requirements are satisfied:

(a) The rule is in writing.

(b) The rule is within the authority of the board conferred by
law or by the declaration, articles of incorporation or association,
or bylaws of the association.

(c) The rule is not begin delete inconsistent end delete begin insert in conflict end insert with governing law
and the declaration, articles of incorporation or association, begin delete and end delete
begin insert or end insert bylaws of the association.

(d) The rule is adopted, amended, or repealed in good faith and
in substantial compliance with the requirements of this article.

(e) The rule is reasonable.

begin delete SEC. 10. end delete
begin insert SEC. 14. end insert   

Section 4525 of the Civil Code is amended to read:

4525.  

(a) The owner of a separate interest shall provide the
following documents to a prospective purchaser of the separate
interest, as soon as practicable before the transfer of title or the
execution of a real property sales contract, as defined in Section
2985:

(1) A copy of all governing documents. If the association is not
incorporated, this shall include a statement in writing from an
authorized representative of the association that the association is
not incorporated.

(2) If there is a restriction in the governing documents limiting
the occupancy, residency, or use of a separate interest on the basis
of age in a manner different from that provided in Section 51.3, a
statement that the restriction is only enforceable to the extent
permitted by Section 51.3 and a statement specifying the applicable
provisions of Section 51.3.

(3) A copy of the most recent documents distributed pursuant
to Article 7 (commencing with Section 5300) of Chapter 6.

(4) A true statement in writing obtained from an authorized
representative of the association as to the amount of the
association’s current regular and special assessments and fees, any
assessments levied upon the owner’s interest in the common
interest development that are unpaid on the date of the statement,
and any monetary fines or penalties levied upon the owner’s
interest and unpaid on the date of the statement. The statement
obtained from an authorized representative shall also include true
information on late charges, interest, and costs of collection which,
as of the date of the statement, are or may be made a lien upon the
owner’s interest in a common interest development pursuant to
Article 2 (commencing with Section 5650) of Chapter 8.

(5) A copy or a summary of any notice previously sent to the
owner pursuant to Section 5855 that sets forth any alleged violation
of the governing documents that remains unresolved at the time
of the request. The notice shall not be deemed a waiver of the
association’s right to enforce the governing documents against the
owner or the prospective purchaser of the separate interest with
respect to any violation. This paragraph shall not be construed to
require an association to inspect an owner’s separate interest.

(6) A copy of the initial list of defects provided to each member
pursuant to Section 6000, unless the association and the builder
subsequently enter into a settlement agreement or otherwise resolve
the matter and the association complies with Section 6100.
Disclosure of the initial list of defects pursuant to this paragraph
does not waive any privilege attached to the document. The initial
list of defects shall also include a statement that a final
determination as to whether the list of defects is accurate and
complete has not been made.

(7) A copy of the latest information provided for in Section
6100.

(8) Any change in the association’s current regular and special
assessments and fees which have been approved by the board, but
have not become due and payable as of the date disclosure is
provided pursuant to this subdivision.

(9) If there is a provision in the governing documents that
prohibits the rental or leasing of any of the separate interests in
the common interest development to a renter, lessee, or tenant, a
statement describing the prohibition.

(10) If requested by the prospective purchaser, a copy of the
minutes of board meetings, excluding meetings held in executive
session, conducted over the previous 12 months, that were
approved by the board.

(b) This section does not apply to an owner that is subject to
Section 11018.6 of the Business and Professions Code.

begin delete SEC. 11. end delete
begin insert SEC. 15. end insert   

Section 4528 of the Civil Code is amended to read:

4528.  

The form for billing disclosures required by Section
4530 shall be in at least 10-point type and substantially the
following form:

 

CHARGES FOR DOCUMENTS PROVIDED AS REQUIRED BY SECTION 4525*

Property Address

Owner of Property

Owner’s Mailing Address (If known or different from property address.)

Provider of the Section 4525 Items:

Print Name _________ Position or Title _________ Association or Agent

Date Form Completed

 

 

Check or Complete Applicable Column or Columns Below
			Not Available (N/A) or Not Applicable (N/App)
Document	Civil Code Section Included
Articles of Incorporation or statement that not incorporated	Section 4525(a)(1)
CC&Rs	Section 4525(a)(1)
Bylaws	Section 4525(a)(1)
Operating Rules	Section 4525(a)(1)
Age restrictions, if any	Section 4525(a)(2)
Rental restrictions, if any	Section 4525(a)(9)
Annual budget report or summary, including reserve study	Sections 5300 and 4525(a)(3)
Assessment and reserve funding disclosure summary	Sections 5300 and 4525(a)(4)
Financial statement review	Sections 5305 and 4525(a)(3)
Assessment enforcement policy	Sections 5310 and 4525(a)(4)
Insurance summary	Sections 5300 and 4525(a)(3)
Regular assessment	Section 4525(a)(4)
Special assessment	Section 4525(a)(4)
Emergency assessment	Section 4525(a)(4)
Other unpaid obligations of seller	Sections 5675 and 4525(a)(4)
Approved changes to assessments	Sections 5300 and 4525(a)(4), (8)
Settlement notice regarding common area defects	Sections 4525(a)(6), (7), and 6100
Preliminary list of defects	Sections 4525(a)(6), 6000, and 6100
Notice(s) of violation	Sections 5855 and 4525(a)(5)
Required statement of fees	Section 4525
Minutes of regular board meetings conducted over the previous 12 months, if requested	Section 4525(a)(10)
Total fees for these documents:
* The information provided by this form may not include all fees that may be imposed before the close of escrow. Additional fees that are not related to the requirements of Section 4525 may be charged separately.

 

begin delete SEC. 12. end delete
begin insert SEC. 16. end insert   

Section 4530 of the Civil Code is amended to read:

4530.  

(a) (1) Upon written request, the association shall,
within 10 days of the mailing or delivery of the request, provide
the owner of a separate interest, or any other recipient authorized
by the owner, with a copy of the requested documents specified
in Section 4525.

(2) The documents required to be made available pursuant to
this section may be maintained in electronic form, and may be
posted on the association’s Internet Web site. Requesting parties
shall have the option of receiving the documents by electronic
transmission if the association maintains the documents in
electronic form.

(3) Delivery of the documents required by this section shall not
be withheld for any reason nor subject to any condition except the
payment of the fee authorized pursuant to subdivision (b).

(b) (1) The association may collect a reasonable fee based upon
the association’s actual cost for the procurement, preparation,
reproduction, and delivery of the documents requested pursuant
to this section. Additional fees shall not be charged by the
association for the electronic delivery of the documents requested.

(2) Upon receipt of a written request, the association shall
provide, on the form described in Section 4528, a written or
electronic estimate of the fees that will be assessed for providing
the requested documents.

(3) (A) A cancellation fee for documents specified in
subdivision (a) shall not be collected if either of the following
applies:

(i) The request was canceled in writing by the same party that
placed the order and work had not yet been performed on the order.

(ii) The request was canceled in writing and any work that had
been performed on the order was compensated.

(B) The association shall refund all fees collected pursuant to
paragraph (1) if the request was canceled in writing and work had
not yet been performed on the order.

(C) If the request was canceled in writing, the association shall
refund the share of fees collected pursuant to paragraph (1) that
represents the portion of the work not performed on the order.

(4) Fees for any documents required by this section shall be
distinguished from other fees, fines, or assessments billed as part
of the transfer or sales transaction.

(c) An association may contract with any person or entity to
facilitate compliance with this section on behalf of the association.

(d) The association shall also provide a recipient authorized by
the owner of a separate interest with a copy of the completed form
specified in Section 4528 at the time the required documents are
delivered.

begin insert

begin insert SEC. 17. end insert   

end insert

begin insert Section 4920 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4920.  

(a) Except as provided in subdivision (b), the association
shall give notice of the time and place of a board meeting at least
four days before the meeting.

(b) (1) If a board meeting is an emergency meeting held
pursuant to Section 4923, the association is not required to give
notice of the time and place of the meeting.

(2) If a nonemergency board meeting is held solely in executive
session, the association shall give notice of the time and place of
the meeting at least two days prior to the meeting.

(3) If the association’s governing documents require a longer
period of notice than is required by this section, the association
shall comply with the period stated in its governing documents begin insert ,
except for a notice of an emergency meeting or a meeting held
solely in executive session when the governing documents do not
specifically provide a period of notice for these meetings end insert .

(c) Notice of a board meeting shall be given by general delivery
pursuant to Section 4045.

(d) Notice of a board meeting shall contain the agenda for the
meeting.

begin delete SEC. 13. end delete
begin insert SEC. 18. end insert   

Section 12191 of the Government Code is amended
to read:

12191.  

The miscellaneous business entity filing fees are the
following:

(a) Foreign Associations, as defined in Sections 170 and 171
of the Corporations Code:

(1) Filing the statement and designation upon the qualification
of a foreign association pursuant to Section 2105 of the
Corporations Code: One hundred dollars ($100).

(2) Filing an amended statement and designation by a foreign
association pursuant to Section 2107 of the Corporations Code:
Thirty dollars ($30).

(3) Filing a certificate showing the surrender of the right of a
foreign association to transact intrastate business pursuant to
Section 2112 of the Corporations Code: No fee.

(b) Unincorporated Associations:

(1) Filing a statement in accordance with Section 18200 of the
Corporations Code as to principal place of office or place for
sending notices or designating agent for service: Twenty-five
dollars ($25).

(2) Insignia Registrations: Ten dollars ($10).

(c) Community Associations and Common Interest
Developments:

(1) Filing a statement by a community association in accordance
with Section 5405 of the Civil Code to register the common interest
development that it manages: An amount not to exceed thirty
dollars ($30).

(2) Filing an amended statement by a community association
in accordance with Section 5405 of the Civil Code: No fee.

begin insert

begin insert SEC. 19. end insert   

end insert

begin insert Section 65582 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65582.  

As used in this article, the following definitions apply:

(a) “Community,” “locality,” “local government,” or
“jurisdiction” means a city, city and county, or county.

(b) “Council of governments” means a single or multicounty
council created by a joint powers agreement pursuant to Chapter
5 (commencing with Section 6500) of Division 1 of Title 1.

(c) “Department” means the Department of Housing and
Community Development.

(d) “Emergency shelter” has the same meaning as defined in
subdivision (e) of Section 50801 of the Health and Safety Code.

(e) “Housing element” or “element” means the housing element
of the community’s general plan, as required pursuant to this article
and subdivision (c) of Section 65302.

(f) “Supportive housing” begin delete has the same meaning as defined in
subdivision (b) of Section 50675.14 of the Health and Safety Code end delete
begin insert means housing with no limit on length of stay, that is occupied by
the target population, and that is linked to an onsite or offsite
service that assists the supportive housing resident in retaining
the housing, improving his or her health status, and maximizing
his or her ability to live and, when possible, work in the community end insert .

begin insert

(g) “Target population” means persons with low incomes who
have one or more disabilities, including mental illness, HIV or
AIDS, substance abuse, or other chronic health condition, or
individuals eligible for services provided pursuant to the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500) of the Welfare and Institutions
Code) and may include, among other populations, adults,
emancipated minors, families with children, elderly persons, young
adults aging out of the foster care system, individuals exiting from
institutional settings, veterans, and homeless people.

end insert begin delete

(g)

end delete

begin insert (h) end insert  “Transitional housing” begin delete has the same meaning as defined in
subdivision (h) of Section 50675.2 of the Health and Safety Code end delete
begin insert means buildings configured as rental housing developments, but
operated under program requirements that require the termination
of assistance and recirculating of the assisted unit to another
eligible program recipient at a predetermined future point in time
that shall be no less than six months from the beginning of the
assistance end insert .

begin delete SEC. 14. end delete
begin insert SEC. 20. end insert   

Section 65585.2 of the Government Code is repealed.

begin delete SEC. 15. end delete
begin insert SEC. 21. end insert   

Section 13114 of the Health and Safety Code is
amended to read:

13114.  

(a) The State Fire Marshal, with the advice of the State
Board of Fire Services, shall adopt regulations and standards as
he or she may determine to be necessary to control the quality and
installation of fire alarm systems and fire alarm devices marketed,
distributed, offered for sale, or sold in this state.

(b) (1) No person shall market, distribute, offer for sale, or sell
any fire alarm system or fire alarm device in this state unless the
system or device has been approved and listed by the State Fire
Marshal.

begin insert

(2) (A) Except as provided in subparagraph (B), commencing
July 1, 2014, in order to be approved and listed by the State Fire
Marshal, a smoke alarm that is only operated by a battery shall
contain a nonreplaceable, nonremovable battery that is capable
of powering the smoke alarm for at least 10 years.

end insert begin insert

(B) This paragraph shall not apply to smoke alarms that have
been ordered by, or are in the inventory of, an owner, managing
agent, contractor, wholesaler, or retailer on or before July 1, 2015.

end insert begin delete

(2)

end delete

begin insert (3) end insert  (A) Commencing January 1, 2015, in order to be approved
and listed by the State Fire Marshal, a smoke alarm shall display
the date of manufacture on the device, provide a place on the device
where the date of installation can be written, begin insert and end insert incorporate a
hush begin delete feature, and, if battery operated, contain a nonreplaceable,
nonremovable battery that is capable of powering the smoke alarm
for a minimum of 10 years end delete begin insert feature end insert .

(B) The State Fire Marshal shall have the authority to create
exceptions to this paragraph through its regulatory process. The
exceptions that may be considered as part of the regulatory process
shall include, but are not limited to, fire alarm systems with smoke
detectors, fire alarm devices that connect to a panel, or other
devices that use a low-power radio frequency wireless
communication signal.

begin delete

(3)

end delete

begin insert (4) end insert  The State Fire Marshal shall approve the manufacturer’s
instructions for each smoke alarm and shall ensure that the
instructions are consistent with current building standard
requirements for the location and placement of smoke alarms.

begin insert

begin insert SEC. 22. end insert   

end insert

begin insert Section 50675.14 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

50675.14.  

(a) This section shall apply only to projects funded
with funds appropriated for supportive housing projects.

(b) For purposes of this section the following terms have the
following meanings:

(1) “May restrict occupancy to persons with veteran status”
means that the sponsor may limit occupancy to persons meeting
the criteria of paragraphs (1) and (2) of subdivision begin delete (h) end delete begin insert (j) end insert with
respect to either of the following:

(A) Any unit in the development that has not been previously
occupied.

(B) Any unit in the development that subsequently becomes
vacant, for a period of not more than 120 days following the
vacancy.

(2) “Supportive housing” means housing with no limit on length
of stay, that is occupied by the target population, and that is linked
to onsite or offsite services that assist the supportive housing
resident in retaining the housing, improving his or her health status,
and maximizing his or her ability to live and, when possible, work
in the community.

(3) (A) “Target population” means persons, including persons
with disabilities, and families who are “homeless,” as that term is
defined by Section 11302 of Title 42 of the United States Code,
or who are “homeless youth,” as that term is defined by paragraph
(2) of subdivision (e) of Section 11139.3 of the Government Code.

(B) Individuals and families currently residing in supportive
housing meet the definition of “target population” if the individual
or family was “homeless,” as that term is defined by Section 11302
of Title 42 of the United States Code, when approved for tenancy
in the supportive housing project in which they currently reside.

(c) (1) The department shall ensure that at least 40 percent of
the units in each development funded under the supportive housing
program are targeted to one or more of the following populations:

(A) Individuals or families experiencing “chronic
homelessness,” as defined by the United States Department of
Housing and Urban Development’s Super Notice of Funding
Availability for Continuum of Care or Collaborative Applicant
Program.

(B) “Homeless youth,” as that term is defined by paragraph (2)
of subdivision (e) of Section 11139.3 of the Government Code.

(C) Individuals exiting institutional settings, including, but not
limited to, jails, hospitals, prisons, and institutes of mental disease,
who were homeless when entering the institutional setting, who
have a disability, and who resided in that setting for a period of
not less than 15 days.

(2) The department may decrease the number of units required
to meet the criteria identified in paragraph (1) if the department
determines that the program is undersubscribed after issuing at
least one Notice of Funding Availability.

(3) Individuals and families currently residing in supportive
housing meet the qualifications under this subdivision if the
individual or family met any of the criteria specified in
subparagraph (A), (B), or (C) of paragraph (1) when approved for
tenancy in the supportive housing project in which they currently
reside.

(d) Supportive housing projects shall provide or demonstrate
collaboration with programs that provide services that meet the
needs of the supportive housing residents.

(e) The criteria, established by the department, for selecting
supportive housing projects shall give priority to supportive
housing projects that include a focus on measurable outcomes and
a plan for evaluation, which evaluation shall be submitted by the
borrowers, annually, to the department.

(f) The department may provide higher per-unit loan limits as
reasonably necessary to provide and maintain rents that are
affordable to the target population.

(g) In an evaluation or ranking of a borrower’s development
and ownership experience, the department shall consider experience
acquired in the prior 10 years.

(h) (1) A borrower shall, beginning the second year after
supportive housing project occupancy, include the following data
in his or her annual report to the department. However, a borrower
who submits an annual evaluation pursuant to subdivision (c) may,
instead, include this information in the evaluation:

(A) The length of occupancy by each supportive housing
resident for the period covered by the report and, if the resident
has moved, the reason for the move and the type of housing to
which the resident moved, if known.

(B) Changes in each supportive housing resident’s employment
status during the previous year.

(C) Changes in each supportive housing resident’s source and
amount of income during the previous year.

(D) The tenant’s housing status prior to occupancy, including
the term of the tenant’s homelessness.

(2) The department shall include aggregate data with respect to
the supportive housing projects described in this section in the
report that it submits to the Legislature pursuant to Section
50675.12.

(i) The department shall consider, commencing in the second
year of the funding, the feasibility and appropriateness of
modifying its regulations to increase the use of funds by small
projects. In doing this, the department shall consider its operational
needs and prior history of funding supportive housing facilities.

(j) Notwithstanding any other provision of law, the sponsor of
a supportive housing development may restrict occupancy to
persons with veteran status if all the following conditions apply:

(1) The veterans possess significant barriers to social
reintegration and employment that require specialized treatment
and services that are due to a physical or mental disability,
substance abuse, or the effects of long-term homelessness.

(2) The veterans are otherwise eligible to reside in an assisted
unit.

(3) The sponsor also provides, or assists in providing, the
specialized treatment and services.