BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
                              Senator Jim Beall, Chair
                                2015 - 2016  Regular 

          Bill No:          AB 596            Hearing Date:     6/16/2015
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          |Author:   |Daly                                                  |
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          |Version:  |6/9/2015                                              |
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          |Urgency:  |No                     |Fiscal:      |No              |
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          |Consultant|Alison Dinmore                                        |
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          SUBJECT:  Common interest developments:  annual budget report


            DIGEST:  This bill requires a homeowners association (HOA) in a  
          condominium common interest development (CID) to disclose to the  
          owners if the CID is an approved condominium project pursuant to  
          Federal Housing Administration (FHA) and Department of Veterans  
          Affairs (VA) guidelines in their annual budget report.

          ANALYSIS:
          
          A CID is a form of real estate in which each homeowner has an  
          exclusive interest in a unit or lot and a shared or undivided  
          interest in common area property.  Condominiums, planned unit  
          developments, stock cooperatives, community apartments, and many  
          resident-owned mobilehome parks all fall under the umbrella of  
          common interest developments.  CIDs are governed by an HOA.  The  
          Davis-Stirling Common Interest Development Act provides the  
          legal framework under which CIDs are established and operate.   
          In addition to the requirements of the act, each CID is governed  
          according to the recorded declarations, bylaws, and operating  
          rules of the association, collectively referred to as the  
          governing documents.

          Existing law requires an HOA to distribute an annual budget  
          report 30 to 90 days before the end of the fiscal year that  
          includes the following information, unless the governing  
          documents impose more stringent standards.  The annual budget  
          shall include:








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          1)A pro forma operating budget showing the estimated revenue and  
            expense on an accrual basis;
          2)A summary of the HOA's reserves;
          3)A summary of the reserve funding plan adopted by the HOA's  
            board of directors (board); 
          4)A statement as to whether the board, consistent with the  
            reserve funding plan, has determined or anticipates that the  
            levy of one or more assessments will be required to repair,  
            replace, or restore any major component or to provide for  
            adequate reserves; 
          5)A general statement describing the procedure used to calculate  
            and establish reserves; 
          6)A statement as to how the board plans to fund the reserves to  
            repair or replace major components;
          7)A statement of whether the HOA has any outstanding loans;
          8)A summary of the HOA's property, general liability,  
            earthquake, flood, and fidelity insurance policies; and
          9)The Assessment and Reserve Funding Disclosure Summary form  
            prepared pursuant to Civil Code Section 5570.

          This bill requires an HOA of a condominium CID: 

          1)To disclose in a statement in the annual budget report, on a  
            separate piece of paper in 10-point font, the status of the  
            CID as a FHA-approved condominium project.
          2)To disclose in a statement in the annual budget report, on a  
            separate piece of paper in 10-point font, the status of the  
            CID as a VA-approved condominium project.

          COMMENTS:

          1)  Purpose of the bill.  According to the author, an HOA is not  
            currently required to inform their members if their CID is an  
            approved project pursuant to the guidelines of the FHA or VA.   
            The FHA and VA approvals offer potential benefits for current  
            HOA members, as well as potential buyers.  For example, a  
            prospective buyer can purchase an individual home in an  
            attached condominium project with a lower downpayment if the  
            HOA has been approved by the FHA.  This is a helpful tool for  
            first-time homebuyers.  An FHA loan may require a downpayment  
            as low as 3% compared to a conventional loan, which may be as  
            high as 20%.  

            A limited number of HOAs in California are not certified by  
            FHA.  For some prospective buyers, FHA approval status serves  








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            as a type of stamp of approval, enhancing the value of the  
            properties in the community.  This bill adds an additional  
            requirement that the HOA notify their members of their FHA or  
            VA status in their annual budget report.  By requiring HOAs to  
            annually notify their members of their FHA and VA status, the  
            author hopes that this bill will encourage the limited number  
            of HOAs that are not currently certified to become so.   

          2)  FHA and VA loan approval.   FHA insures condominium  
            single-unit loans for up to 30-year terms to purchase or  
            refinance a unit in an FHA-approved condominium project.  For  
            a buyer to qualify for an FHA loan for a condominium, the  
            entire condominium project must be certified by FHA and must  
            appear on the official FHA-approved list.  

            The FHA publishes guidelines to help sellers, buyers, and  
            developers gain approval and be listed on the FHA-approved  
            list.   This means that HOAs must apply and submit the  
            required documentation and meet minimum FHA requirements.   
            Certification by the FHA lasts two years, at which point the  
            HOA must be re-certified.  The certification process requires  
            the HOA to submit a form and various legal documents  
            (including recorded covenants, conditions and restrictions  
            [CCRs], recorded plat map, recorded condominium site maps,  
            bylaws, and articles of incorporation), financial documents,  
            management agreements, Federal Emergency Management Agency  
            (FEMA) Flood Map, and evidence of required insurance coverage.  
             

            VA similarly publishes guidelines that outline the documents  
            necessary for the VA-certification and approval process.  VA's  
            goal is to help protect the interests of veterans and the  
            federal government by ensuring that all properties located in  
            a common interest community meet VA regulatory requirements.  

            The VA-certification application process requires the HOA to  
            meet minimum requirements and provide similar documentation as  
            required by the FHA-certification process.  Unlike FHA  
            certification, however, HOAs do not need to re-apply once the  
            CID has been approved by the VA. 

            There are companies that an HOA can hire who apply for the FHA  
            or VA certification on the HOA's behalf and often charge  
            between $600 and $1,500.  The cost of certification, like  
            other expenses of an HOA, would be paid for through  








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            assessments.  

          3)  Opposition.  According to the Educational Community for  
            Homeowners (ECHO), HOAs are comprised of volunteers, many of  
            whom find the laws governing CIDs to be complex and  
            ever-changing.  The responsibility of informing owners in the  
            development whether or not it is FHA- or VA-approved lies with  
            a Realtor, seller, and buyer.  ECHO would remove their  
            opposition to the bill if it required the annual budget report  
            to include a statement informing the owners that there are FHA  
            and VA websites where owners can ascertain whether or not the  
            CID is FHA- or VA-certified, but not require the listing of  
            the websites in the report, because they may change.  

          Assembly votes:

          Floor:77-0
          H&CD:  7-0
          
          FISCAL EFFECT:  Appropriation:  No    Fiscal Com.:  No    Local:  
           No


            POSITIONS:  (Communicated to the committee before noon on  
          Wednesday,
                          June 10, 2015.)
          
            SUPPORT:  

          Orange County Business Council (sponsor)
          California Association of Realtors

          OPPOSITION:

          Community Associations Institute 
          Educational Community for Homeowners 


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