BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2697|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2697
Author: Assembly Housing and Community Development
Committee
Amended: 8/22/12 in Senate
Vote: 21
SENATE TRANSPORTATION & HOUSING COMM. : 9-0, 6/26/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Simitian, Wyland
ASSEMBLY FLOOR : 75-0, 5/17/12 (Consent) - See last page
for vote
SUBJECT : Housing Omnibus bill
SOURCE : Author
DIGEST : This bill makes non-controversial changes to
sections of law relating to housing.
Senate Floor Amendments of 8/22/12 add double-jointing
language with AB 1838 (Calderon).
ANALYSIS : This bill includes the following provisions:
1. Incorrect cross-reference in the Mobilehome Residency
Law (Section 1) . SB 11 (Correa), Chapter 558, Statutes
of 2009, reorganized and renumbered various sections in
the Mobilehome Residency Law. One of the affected
sections was the old Civil Code Section 798.42, which
CONTINUED
AB 2697
Page
2
became Section 798.39.5. Another section of the Civil
Code contains a cross-reference to that section that was
not updated in SB 11. This bill updates the
cross-reference.
2. Heating standards (Section 2) . When SB 800 (Burton),
Chapter 722, Statutes of 2002, relating to construction
defects was enacted, most standards specified in the
bill constituting "defects" were general in nature. The
standard for heating was specific, however, requiring 70
degrees and specific measurements, consistent with the
requirements of the 2004 California Building Code (in
effect through 2007). Beginning on January 1, 2008, the
2007 California Building Code lowered the minimum
temperature requirement to 68 degrees, and thereafter,
the measurement standards also changed. This bill
updates the SB 800 "defect" standard for heating to
reference the old and new building code standards,
depending on the date of the building permit
application.
3. Common interest development (CID) electronic emergency
meetings (Section 3) . SB 563 (Senate Transportation and
Housing Committee), Chapter 257, Statutes of 2011,
amended the open meeting portion of the Davis-Stirling
Common Interest Development Act to prohibit generally
CID boards from taking action on items of business
outside of an open meeting but specifically allowed a
CID board to conduct an electronic (e.g., e-mail)
meeting in an emergency situation if all the members of
the board consent in writing to actions taken in the
electronic emergency meeting. Practitioners have raised
a concern that the language of
SB 563 can be interpreted to require unanimous consent for
a CID board to hold any emergency meeting at all,
electronic or otherwise, which was not the intent of SB
563. This bill corrects that drafting error by
clarifying that the written consent of all members of a
CID board is only required for the board to take actions
in an electronic emergency meeting, not to hold an
emergency meeting generally.
4. CID teleconference meetings (Section 3) . SB 563, of
2011, allowed CID boards to meet via teleconference
CONTINUED
AB 2697
Page
3
provided that there is at least one physical location
where members of the association may attend and
participate and at least one member of the board is
present at that location. In some associations,
particularly vacation communities, no board members may
live on site making it difficult for a board member to
be present at the assigned location where association
members may participate in the teleconference. This
bill allows the board to designate someone other than a
board member to be present at the assigned location.
5. Disclosure of CID rental restrictions (Section 4) .
Existing law requires the owner of a separate interest
in a CID to provide prospective purchasers with a
variety of information, including if there is a
provision in the governing documents that prohibits the
rental or leasing of any of the separate interests and a
statement describing the prohibition and its
applicability. The California Association of Community
Managers argues that requiring a description of the
rental restrictions is sufficient and that going further
by requiring associations to interpret or describe "its
applicability" seems unnecessary and could create
confusion. This bill deletes the phrase "and its
applicability."
6. Time limit on the display of manufactured home (Section
5) . Under existing law, a manufactured home dealer can
display a model home at a fair or another similar
location, such as a shopping mall, but only for 30 days
at a time. These sorts of displays are valuable for
dealers in educating the public about manufactured
housing, but the 30-day limit creates a substantial
obstacle given the cost and time involved in setting up
a model for display. Manufactured home dealers believe
that they can effectively negotiate time limits for
these displays with property owners and believe that a
statutory time limit is unnecessary. This bill deletes
the 30-day limit.
7. Incorrect cross-reference in the Building Standards Code
(Section 6) . Health and Safety Code Section 18942(b)
contains a cross-reference to the California Building
Code (Title 24, Part 2, California Code of Regulations)
CONTINUED
AB 2697
Page
4
that is no longer applicable. During the 2010 Triennial
Code Cycle, the California Building Standards Commission
adopted the California Residential Code (Title 24, Part
2.5, California Code of Regulations) as the building
code applicable to the construction of one- and
two-family dwelling units effective January 1, 2011.
This bill references the correct building code in Health
and Safety Code Section 18942(b).
8. Contains double-jointing language with AB 1838
(Calderon).
Comments
Purpose of this bill . The Assembly Housing and Community
Development Committee is authoring this bill as a means of
combining multiple, non-controversial changes to statutes
into one bill, so that the Legislature can make minor
amendments in a cost-effective manner. There is no known
opposition to any item in this bill, and if concerns arise
that cannot be resolved, the provision of concern will be
deleted from this bill.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 7/3/12)
California Manufactured Housing Institute
ASSEMBLY FLOOR : 75-0, 5/17/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, V. Manuel P�rez, Portantino, Silva, Smyth,
Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski,
CONTINUED
AB 2697
Page
5
Williams, John A. P�rez
NO VOTE RECORDED: Fletcher, Bonnie Lowenthal, Perea,
Skinner, Yamada
JJA:k 8/22/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED