BILL NUMBER: AB 1025 CHAPTERED
BILL TEXT
CHAPTER 181
FILED WITH SECRETARY OF STATE AUGUST 4, 1997
APPROVED BY GOVERNOR AUGUST 2, 1997
PASSED THE ASSEMBLY JULY 21, 1997
PASSED THE SENATE JULY 17, 1997
AMENDED IN SENATE MAY 13, 1997
AMENDED IN ASSEMBLY APRIL 22, 1997
AMENDED IN ASSEMBLY MARCH 31, 1997
INTRODUCED BY Assembly Member Torlakson
FEBRUARY 27, 1997
An act to add Section 1363.6 to the Civil Code, relating to common
interest developments.
LEGISLATIVE COUNSEL'S DIGEST
AB 1025, Torlakson. Common interest developments: assessments.
Existing law, the Davis-Stirling Common Interest Development Act,
requires a common interest development to record a declaration that,
if recorded on or after January 1, 1986, contains, among other
things, a legal description of the common interest development and
the name of the governing association.
This bill would provide that an association may record a statement
or amended statement with prescribed information. This bill would
also provide that the county recorder may charge a fee for recording
the statement.
By imposing additional recording duties upon local officials, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1363.6 is added to the Civil Code, to read:
1363.6. (a) In order to facilitate the collection of regular
assessments, special assessments, transfer fees, and similar charges,
the board of directors of any association is authorized to record a
statement or amended statement identifying relevant information for
the association. This statement may include any or all of the
following information:
(1) The name of the association as shown in the conditions,
covenants, and restrictions or the current name of the association,
if different.
(2) The name and address of a managing agent or treasurer of the
association or other individual or entity authorized to receive
assessments and fees imposed by the association.
(3) A daytime telephone number of the authorized party identified
in paragraph (2) if a telephone number is available.
(4) A list of separate interests subject to assessment by the
association, showing the assessor's parcel number or legal
description, or both, of the separate interests.
(5) The recording information identifying the declaration or
declarations of covenants, conditions, and restrictions governing the
association.
(6) If an amended statement is being recorded, the recording
information identifying the prior statement or statements which the
amendment is superseding.
(b) The county recorder is authorized to charge a fee for
recording the document described in subdivision (a), which fee shall
be based upon the number of pages in the document and the recorder's
per-page recording fee.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.