BILL NUMBER: AB 2290	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hill

                        FEBRUARY 24, 2012

   An act to amend Section 11273 of the Business and Professions
Code, relating to land use.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2290, as introduced, Hill. Vacation ownership and time-shares:
owners list.
   The Vacation Ownership and Time-share Act of 2004 requires a
time-share association to maintain among its records a complete list
of the names and addresses of all owners of time-share interests in
the time-share plan, as specified. Existing law prohibits an
association from publishing the owners list or providing a copy of it
to any time-share interest owner or to any 3rd party or using or
selling the list for commercial purposes, except as provided in the
time-share instruments.
   This bill would require the association to maintain a complete
list of the names and post office addresses of all owners of
time-share interests in the time-share plan, and would prohibit the
association from publishing the owners list or providing a copy of it
to any time-share interest owner or to any 3rd or using or selling
the list for commercial purposes. The bill would provide an alternate
method for time-share interest owners to communicate with the entire
membership of the association, as specified. The bill would also
specify that certain provisions of the Nonprofit Mutual Benefit
Corporation Law do not apply to time-share associations under the
Vacation Ownership and Time-share Act of 2004.
   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 11273 of the Business and Professions Code is
amended to read:
   11273.  (a) The books of account, minutes of members and governing
body meetings, and all other records of the time-share plan
maintained by the association or the managing entity shall be made
available for inspection and copying by any member, or by his or her
duly appointed representative, at any reasonable time for a purpose
reasonably related to membership in the association.
   (b) The records shall be made available for inspection at the
office where the records are maintained. Upon receipt of an
authenticated written request from a member along with the fee
prescribed by the governing body to defray the costs of reproduction,
the managing entity or other custodian of records of the association
or the time-share plan shall prepare and transmit to the member a
copy of any and all records requested.
   (c) The governing body shall establish reasonable rules with
respect to all of the following:
   (1) Notice to be given to the managing entity or other custodian
of the records by the member desiring to make the inspection or to
obtain copies.
   (2) Hours and days of the week when a personal inspection of the
records may be made.
   (3) Payment of the cost of reproducing copies of records requested
by a member.
   (d) Every governing body member shall have the absolute right at
any time to inspect all books, records, and documents of the
association and all real and personal properties owned and controlled
by the association.
   (e)  (1)    The association shall maintain among
its records a complete list of the names and  post office 
addresses of all owners of time-share interests in the time-share
plan. The association shall update this list no less frequently than
every six months.  Unless otherwise provided in the
time-share instruments, the   The  association
 may   shall  not publish this owner's list
or provide a copy of it to any time-share interest  owner's
  owners  or to any third party or use or sell the
list for commercial purposes. 
   (2) If an owner of a time-share interest in the time-share plan
provides a written request to the association to communicate with the
membership of the association, the association shall, within 30 days
of the date of the written request, determine whether the
communication would advance legitimate association business, and
shall provide a method of making the requested communication without
providing access to, or a copy of, the association membership list to
the requesting owner. The association shall notify the requesting
owner of the costs associated with making the communication, prior to
making the communication, and the requesting owner shall provide
payment to the association prior to the time the association makes
the communication. Any alternative method that accomplishes the
purposes set forth in a written request pursuant to this paragraph
shall be deemed a reasonable alternative. If the association
determines that a communication will not advance legitimate
association business, the association shall, within 30 days, notify
the requesting owner in writing and shall indicate the reasons for
the rejection.  
   (3)  Section 8330 of the Corporations Code shall not apply to
time-share associations under this act. 
   (f) For single site time-share plans and component sites of a
multisite time-share plan located outside of the state, the
association shall be subject to the provisions set forth in this
section. The association must be in compliance with the applicable
laws of the state or jurisdiction in which the time-share property or
component site is located, and if a conflict exists between laws of
the situs state and the requirements set forth in this section, the
law of the situs state shall control. If the association and the
time-share instruments provide for the matters contained in this
section, the association shall be deemed to be in compliance with the
requirements of this section and neither the developer nor the
association shall be required to make revisions to the time-share
instruments in order to comply with the section.