BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 596|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                    THIRD READING


          Bill No:  AB 596
          Author:   Daly (D)
          Amended:  6/9/15 in Senate
          Vote:     21  

           SENATE TRANS. & HOUSING COMMITTEE:  11-0, 6/16/15
           AYES:  Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva,  
            McGuire, Mendoza, Roth, Wieckowski

           ASSEMBLY FLOOR:  77-0, 5/18/15 - See last page for vote

           SUBJECT:   Common interest developments:  annual budget report


          SOURCE:    Orange County Business Council


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

          1)A pro forma operating budget showing the estimated revenue and  
            expense on an accrual basis;









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          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

          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  







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          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 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.   
          
          Background of CIDs. 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.

          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,  







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          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 assessments.  

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/17/15)


          Orange County Business Council (source)
          California Association of Realtors


          OPPOSITION:   (Verified6/17/15)


          Community Associations Institute 
          Educational Community for Homeowners 

          ARGUMENTS IN SUPPORT:     According to the source, Orange County  
          Business Council, this bill is one step towards creating an  
          affordable housing market throughout California, particularly at  
          entry-level home buying.  Generally, a downpayment required for  
          an FHA-insured or VA-guaranteed loan is lower than a  
          conventional loan, and these loans offer a more favorable  
          interest rate.  Before a qualified loan buyer can use either FHA  







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          or VA financing to purchase a home in a condominium project, the  
          HOA must apply for and receive approval from the government  
          entity that is being asked to insure or guarantee the loan.   
          This bill adds to the existing notice requirements an additional  
          item:  whether or not the HOA has been certified by FHA or VA.  

          ARGUMENTS IN OPPOSITION:According to the opponents, 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.  Educational  
          Community for Homeowners would remove its 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 FLOOR:  77-0, 5/18/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle,  
            Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Lackey, Levine, Linder, Lopez,  
            Low, Maienschein, Mayes, McCarty, Medina, Mullin, Nazarian,  
            Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark  
            Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,  
            Wood, Atkins
          NO VOTE RECORDED:  Kim, Mathis, Melendez

          Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
          6/18/15 18:48:42


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