BILL NUMBER: AB 634	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Calderon

                        FEBRUARY 24, 2015

   An act to amend Section 11273 of the Business and Professions
Code, relating to time-shares.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 634, as introduced, Calderon. Vacation ownership and
time-shares: owners list.
   The Vacation Ownership and Time-share Act of 2004 requires all
records of a time-share plan maintained by a time-share association
to be made available for inspection and copying by any member for a
purpose reasonably related to membership in the association. Existing
law requires the time-share association to maintain among its
records a complete list of the names and addresses of all owners of
time-share interests in the time-share plan, as specified. Existing
law prohibits an association from publishing the owners list or
providing a copy of it to any time-share interest owner or to any 3rd
party or using or selling the list for commercial purposes, except
as provided in the time-share instruments.
   This bill would require the owner addresses in the list to be
mailing addresses, and would prohibit the association from publishing
the list of owners or providing a copy of it to any time-share
interest owner or to any 3rd party or using or selling the list for
commercial purposes. The bill would provide methods for time-share
interest owners to communicate with the entire membership of the
association through a written request to the association, if the
association determines that the communication would advance
legitimate association business, as specified. The bill would also
specify that certain provisions of the Nonprofit Mutual Benefit
Corporation Law pertaining to the list of names, addresses, and
voting rights of members of a nonprofit mutual benefit corporation do
not apply to time-share associations under the Vacation Ownership
and Time-share Act of 2004.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) In 2010, the court of appeal held that time-share association
membership lists containing personal information may be distributed
over the objection of many time-share owners.
   (b) Time-share associations frequently have membership lists in
excess of 10,000 members.
   (c) Membership lists on the open market are of substantial value,
particularly to unscrupulous parties that prey upon time-share
owners.
   (d) Legislation is needed to protect the privacy of time-share
owners.
  SEC. 2.  Section 11273 of the Business and Professions Code is
amended to read:
   11273.  (a) The books of account, minutes of members and governing
body meetings, and all other records of the time-share plan
maintained by the association or the managing entity shall be made
available for inspection and copying by any member, or by his or her
duly appointed representative, at any reasonable time for a purpose
reasonably related to membership in the association.
   (b) The records shall be made available for inspection at the
office where the records are maintained. Upon receipt of an
authenticated written request from a member along with the fee
prescribed by the governing body to defray the costs of reproduction,
the managing entity or other custodian of records of the association
or the time-share plan shall prepare and transmit to the member a
copy of any and all records requested.
   (c) The governing body shall establish reasonable rules with
respect to all of the following:
   (1) Notice to be given to the managing entity or other custodian
of the records by the member desiring to make the inspection or to
obtain copies.
   (2) Hours and days of the week when a personal inspection of the
records may be made.
   (3) Payment of the cost of reproducing copies of records requested
by a member.
   (d) Every governing body member shall have the absolute right at
any time to inspect all books, records, and documents of the
association and all real and personal properties owned and controlled
by the association.
   (e)  (1)    The association shall maintain among
its records a complete list of the names and  mailing 
addresses of all owners of time-share interests in the time-share
plan. The association shall update this list no less frequently than
every six months.  Unless otherwise provided in the
time-share instruments, the   Notwithstanding any other
provision of this section,   the  association 
may   shall  not publish this  owner's
 list  of owners  or provide a copy of it to any
time-share interest  owner's   owners  or
to any third party or use or sell the list for commercial purposes.

   (2) If an owner of a time-share interest in the time-share plan
provides a written request to the association to communicate with the
membership of the association, the association shall, within 30 days
of the date of the written request, determine whether the
communication would advance legitimate association business, and
shall provide a method of making the requested communication without
providing access to, or a copy of, the association membership list to
the requesting owner. The association shall notify the requesting
owner of its decision and may require payment of the costs associated
with making the communication, before making the communication, and
the requesting owner shall provide payment, if required, to the
association before the association makes the communication. Any
alternative method that accomplishes the purpose set forth in a
written request pursuant to this paragraph shall be deemed a
reasonable alternative. If the association determines that a
communication will not advance legitimate association business, the
association shall, within 30 days, notify the requesting owner in
writing and shall indicate the reasons for the rejection.  
   (3) For the purposes of this section, "legitimate association
business" includes, but is not limited to, a proxy solicitation for
any purpose, including, but not limited to, the recall of one or more
of the board members elected by the owners, or the discharge of a
manager or management firm.  
   (4)  Section 8330 of the Corporations Code shall not apply to
time-share associations under this chapter. 
   (f) For single site time-share plans and component sites of a
 multisite   multiline  time-share plan
located outside of the state, the association shall be subject to the
provisions set forth in this section. The association must be in
compliance with the applicable laws of the state or jurisdiction in
which the time-share property or component site is located, and if a
conflict exists between laws of the situs state and the requirements
set forth in this section, the law of the situs state shall control.
If the association and the time-share instruments provide for the
matters contained in this section, the association shall be deemed to
be in compliance with the requirements of this section and neither
the developer nor the association shall be required to make revisions
to the time-share instruments in order to comply with the section.