SB 290, as introduced, Vidak. Common interest developments.
The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments, except for those developments limited to industrial or commercial uses, which are governed by the Commercial and Industrial Common Interest Development Act. Each act requires specified procedures for the collection of delinquent assessments, including, but not limited to, a trustee sale.
This bill would make technical, nonsubstantive changes to these procedures.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 5710 of the Civil Code is amended to
2read:
(a) begin deleteAny end deletebegin insertA end insertsale by the trustee shall be conducted in
4accordance with Sections 2924, 2924b, and 2924c applicable to
5the exercise of powers of sale in mortgages and deeds of trust.
6(b) In addition to the requirements of Section 2924, the
7association shall serve a notice of default on the person named as
8the owner of the separate interest in the association’s records or,
P2 1if that person has designated a legal representative pursuant to this
2subdivision, on that legal representative. Service shall be in
3accordance with the manner of service of summons in Article 3
4(commencing with
Section 415.10) of Chapter 4 of Title 5 of Part
52 of the Code of Civil Procedure. An owner may designate a legal
6representative in a writing that is mailed to the association in a
7manner that indicates that the association has received it.
8(c) The fees of a trustee may not exceed the amounts prescribed
9in Sections 2924c and 2924d, plus the cost of service for either of
10the following:
11(1) The notice of default pursuant to subdivision (b).
12(2) The decision of the board to foreclose upon the separate
13interest of an owner as described in subdivision (d) of Section
145705.
Section 6822 of the Civil Code is amended to read:
(a) begin deleteAny end deletebegin insertA end insertsale by the trustee shall be conducted in
17accordance with Sections 2924, 2924b, and 2924c applicable to
18the exercise of powers of sale in mortgages and deeds of trust.
19(b) In addition to the requirements of Section 2924, the
20association shall serve a notice of default on the person named as
21the owner of the separate interest in the association’s records or,
22if that person has designated a legal representative pursuant to this
23subdivision, on that legal representative. Service shall be in
24accordance with the manner of service of summons in Article 3
25(commencing with
Section 415.10) of Chapter 4 of Title 5 of Part
262 of the Code of Civil Procedure. An owner may designate a legal
27representative in a writing that is mailed to the association in a
28manner that indicates that the association has received it.
29(c) The fees of a trustee may not exceed the amounts prescribed
30in Sections 2924c and 2924d, plus the cost of service for the notice
31of default pursuant to subdivision (b).
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