Senate BillNo. 1391


Introduced by Senator Bates

February 19, 2016


An act to amend Section 5675 of the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL’S DIGEST

SB 1391, as introduced, Bates. Common interest developments.

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Existing law authorizes a homeowners association to place a lien on a property and to take specified enforcement actions to satisfy outstanding dues or assessments owed on a property in the development.

This bill would make a nonsubstantive change to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 5675 of the Civil Code is amended to
2read:

3

5675.  

(a) The amount of the assessment, plusbegin delete anyend deletebegin insert allend insert costs of
4collection, late charges, and interest assessed in accordance with
5subdivision (b) of Section 5650, shall be a lien on the owner’s
6separate interest in the common interest development from and
7after the time the association causes to be recorded with the county
8recorder of the county in which the separate interest is located, a
9notice of delinquent assessment, which shall state the amount of
10the assessment and other sums imposed in accordance with
11subdivision (b) of Section 5650, a legal description of the owner’s
P2    1separate interest in the common interest development against which
2the assessment and other sums are levied, and the name of the
3record owner of the separate interest in the common interest
4development against which the lien is imposed.

5(b) The itemized statement of the charges owed by the owner
6described in subdivision (b) of Section 5660 shall be recorded
7together with the notice of delinquent assessment.

8(c) In order for the lien to be enforced by nonjudicial foreclosure
9as provided in Sections 5700 to 5710, inclusive, the notice of
10delinquent assessment shall state the name and address of the
11trustee authorized by the association to enforce the lien by sale.

12(d) The notice of delinquent assessment shall be signed by the
13person designated in the declaration or by the association for that
14purpose, or if no one is designated, by the president of the
15association.

16(e) A copy of the recorded notice of delinquent assessment shall
17be mailed by certified mail to every person whose name is shown
18as an owner of the separate interest in the association’s records,
19and the notice shall be mailed no later than 10 calendar days after
20recordation.



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