BILL NUMBER: AB 313	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 17, 2009

   An act to add Section 1366.4 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 313, as introduced, Fletcher. Common interest developments:
assessments.
   The Davis-Stirling Common Interest Development Act defines and
regulates common interest developments and authorizes the association
that manages the development to levy assessments to fulfill its
obligations. The act establishes limits on the percentage by which an
association may increase regular and special assessments based on
the amounts of those assessments in the preceding fiscal year.
   This bill would prohibit an association from levying assessments
on separate interests within the common interest development based on
the taxable value of the separate interests unless the association,
on or before December 31, 2009, in accordance with its declaration,
levied assessments on those separate interests based on their taxable
value, as determined by the tax assessor of the county in which the
separate interests are located.
   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 1366.4 is added to the Civil Code, to read:
   1366.4.  Notwithstanding any provision of this title or the
governing documents to the contrary, an association shall not levy
assessments on separate interests within the common interest
development based on the taxable value of the separate interests
unless the association, on or before December 31, 2009, in accordance
with its declaration, levied assessments on those separate interests
based on their taxable value, as determined by the tax assessor of
the county in which the separate interests are located.