BILL NUMBER: AB 1328	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JULY 15, 2009
	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, not to exceed 5
years in duration, if the board  of directors  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.  This bill
would   also provide that, prior to approving a multiyear
contract, the board shall provide notice of the proposed duration of
the contract on the agenda for any meeting at which the contract will
be discussed or voted on. 
   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.   (a)    Notwithstanding any provision
of the governing documents to the contrary, an association may enter
into a contract for a water or energy efficiency program, 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. 
   (b) Prior to approving a multiyear contract for a water or energy
efficiency program pursuant to subdivision (a), the board of
directors shall provide notice of the proposed duration of the
contract on the agenda for any meeting at which the contract will be
discussed or voted on.