BILL NUMBER: AB 1328	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2009
	AMENDED IN ASSEMBLY  MAY 28, 2009
	AMENDED IN ASSEMBLY  MAY 14, 2009
	AMENDED IN ASSEMBLY  APRIL 21, 2009

INTRODUCED BY   Assembly Member Salas

                        FEBRUARY 27, 2009

   An act to add Section 1353.9 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1328, as amended, Salas. Common interest developments:
contracts.
   The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. Under
existing law, a common interest development is managed by an
association pursuant to the provisions of the governing documents of
the development.
   This bill would provide that, notwithstanding any provision of the
governing documents to the contrary, an association may enter into a
contract for a water or energy efficiency program, 
regardless of the duration of the contract   not to
exceed 5 years in duration , if the board reasonably anticipates
that the contract will result in verifiable savings to the
association  and the   supplier is not an entity that
the subdivider has a direct or indirect interest in, as provided
 .
   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 1353.9 is added to the Civil Code, to read:
   1353.9.  Notwithstanding any provision of the governing documents
to the contrary, an association may enter into a contract for a water
or energy efficiency program, regardless of the duration of
the contract,   not to exceed five years in duration,
 if the board reasonably anticipates that the contract will
result in verifiable savings to the association  and the supplier
is not an entity that the subdivider, if the subdivider still has
representation on the board, has a direct or indirect ownership
interest in of 10 percent or more  .