BILL NUMBER: AB 2518	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN SENATE  JULY 6, 2012

INTRODUCED BY   Assembly Member Hall
    (   Coauthor:   Assembly Member  
Hill   ) 

                        FEBRUARY 24, 2012

   An act to amend Section 11273 of the Business and Professions
Code, relating to land use  , and declaring the urgency thereof,
to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2518, as amended, Hall. 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 party or using or
selling the list for commercial purposes. The bill would provide
 an alternate method   methods  for  a
 time-share interest  owners  owner 
to communicate with the entire membership of the association 
through a written request to the association  , as specified.
 The bill would authorize an owner, whose request to communicate
was denied by the association, to file a court action, and, under
  certain circumstances, authorize a court to award to the
requesting owner costs, including attorney's fees, reasonably
incurred to enforce the owner's rights.  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. 
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . 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. The
association shall not publish this owner's list or provide a copy of
it to any time-share interest 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.  Legitimate association business includes,
but is not limited to, a proxy solicitation for any purpose, the
recall of one or more board members elected by the owners, and
communication relating to a proposed special assessment. Legitimate
association business does not include commercial solicitations of any
type, or communications relating to a matter between an owner and
the developer of the time-share plan.  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   presumed to be
 a reasonable alternative.  The association shall consider
alternative methods that are cost efficient options that the
association would utilize if it were paying for the cost of the
communication. 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.  If the
association determines that a communication will not advance
legitimate association business, a requesting owner may appeal to the
court with jurisdiction over the association. If the court
determines the communication would advance legitimate association
business, the court may order the association to pay a requesting
owner's costs, including attorney's fees, reasonably incurred to
enforce the requesting owner's rights. 
   (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.
   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to protect Californians from the dangers of identity
theft, it is necessary that this act take effect immediately.