BILL NUMBER: AB 1927	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Knight

                        FEBRUARY 17, 2010

   An act to add Section 1360.2 to the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1927, as introduced, Knight. Real property: common interest
developments.
   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 a governing document that is amended,
adopted, or recorded on or after January 1, 2011, shall not prohibit
the rental or lease of a separate interest in a common interest
development, unless the provision imposing the prohibition is
approved by 2/3 of all of the owners of separate interests, 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.  The Legislature finds and declares that the rights of
common interest development owners to rent or lease their properties,
as the rights existed at the time they acquired them, should be
protected by the State of California. The Legislature further finds
and declares that a common interest development creates a unique home
ownership model that is unlike the status of a single family home in
a traditional neighborhood. Property owners and residents who
purchase units within, and live in, a common interest development
governed by a homeowner's association have agreed to live under rules
and guidelines created by a democratic process. It is best,
therefore, as provided herein, that the owners of units within a
common interest development determine, through the exercise of a
democratic decisionmaking process, what is best for their
communities.
  SEC. 2.  Section 1360.2 is added to the Civil Code, to read:
   1360.2.  (a) A governing document that is amended, adopted, or
recorded on or after January 1, 2011, shall not prohibit the rental
or lease of a separate interest in a common interest development,
except as provided in this section.
   (b) Notwithstanding any provision of the governing documents to
the contrary, if a common interest development adopts a governing
document or an amendment to a governing document that prohibits the
rental or lease of a separate interest in a common interest
development, that provision shall be approved by a vote of all the
owners of separate interests in the common interest development.
   (c) The vote required by subdivision (b) shall be by means of a
written ballot approved by not less than two-thirds of all of the
owners of separate interests in the common interest development.