BILL NUMBER: SB 290	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Vidak

                        FEBRUARY 23, 2015

   An act to amend Sections 5710 and 6822 of the Civil Code, relating
to common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 5710 of the Civil Code is amended to read:
   5710.  (a)  Any   A  sale by the trustee
shall be conducted in accordance with Sections 2924, 2924b, and
2924c applicable to the exercise of powers of sale in mortgages and
deeds of trust.
   (b) In addition to the requirements of Section 2924, the
association shall serve a notice of default on the person named as
the owner of the separate interest in the association's records or,
if that person has designated a legal representative pursuant to this
subdivision, on that legal representative. Service shall be in
accordance with the manner of service of summons in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of
the Code of Civil Procedure. An owner may designate a legal
representative in a writing that is mailed to the association in a
manner that indicates that the association has received it.
   (c) The fees of a trustee may not exceed the amounts prescribed in
Sections 2924c and 2924d, plus the cost of service for either of the
following:
   (1) The notice of default pursuant to subdivision (b).
   (2) The decision of the board to foreclose upon the separate
interest of an owner as described in subdivision (d) of Section 5705.

  SEC. 2.  Section 6822 of the Civil Code is amended to read:
   6822.  (a)  Any   A  sale by the trustee
shall be conducted in accordance with Sections 2924, 2924b, and
2924c applicable to the exercise of powers of sale in mortgages and
deeds of trust.
   (b) In addition to the requirements of Section 2924, the
association shall serve a notice of default on the person named as
the owner of the separate interest in the association's records or,
if that person has designated a legal representative pursuant to this
subdivision, on that legal representative. Service shall be in
accordance with the manner of service of summons in Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of
the Code of Civil Procedure. An owner may designate a legal
representative in a writing that is mailed to the association in a
manner that indicates that the association has received it.
   (c) The fees of a trustee may not exceed the amounts prescribed in
Sections 2924c and 2924d, plus the cost of service for the notice of
default pursuant to subdivision (b).