BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 616|
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                                    CONSENT


          Bill No:  SB 616
          Author:   DeSaulnier (D)
          Amended:  1/4/12
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT

           SENATE TRANSPORTATION & HOUSING COMM  :  9-0, 1/10/12
          AYES:  DeSaulnier, Gaines, Harman, Huff, Kehoe, Lowenthal, 
            Pavley, Rubio, Simitian


           SUBJECT  :    Common interest developments:  board meetings

           SOURCE  :     Author


           DIGEST  :    This bill clarifies that the written consent of 
          all members of a common interest development board is only 
          required for the board to take actions in an electronic 
          emergency meeting, not to hold an emergency meeting 
          generally.   

           ANALYSIS  :    A common interest development (CID) is a form 
          of real estate in which each homeowner has an exclusive 
          interest in a unit or lot and a shared or undivided 
          interest in common area property.  Condominiums, planned 
          unit developments, stock cooperatives, community 
          apartments, and many resident-owned mobilehome parks all 
          fall under the CID umbrella.  A homeowner association board 
          elected by the members governs each CID.  

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                                                                SB 616
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          The Davis-Stirling Common Interest Development Act 
          establishes the legal framework and statutory rules that 
          CIDs must follow.  SB 563 (Transportation and Housing 
          Committee), Chapter 257, Statutes of 2011, amended the open 
          meeting portion of the 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.   

          This bill corrects a drafting error and clarifies that the 
          written consent of all members of a common interest 
          development board is only required for the board to take 
          actions in an electronic emergency meeting, not to hold an 
          emergency meeting generally.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No


          JJA:nl  1/12/12   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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