California 2009 2009-2010 Regular Session

California Assembly Bill AB1328 Amended / Bill

Filed 06/23/2009

 BILL NUMBER: AB 1328AMENDED BILL TEXT AMENDED IN SENATE JUNE 23, 2009 AMENDED IN ASSEMBLY MAY 28, 2009 AMENDED IN ASSEMBLY MAY 14, 2009 AMENDED IN ASSEMBLY APRIL 21, 2009 INTRODUCED BY Assembly Member Salas FEBRUARY 27, 2009 An act to add Section 1353.9 to the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGEST AB 1328, as amended, Salas. Common interest developments: contracts. 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, notwithstanding any provision of the governing documents to the contrary, an association may enter into a contract for a water or energy efficiency program,  regardless of the duration of the contract   not to exceed 5 years in duration , if the board reasonably anticipates that the contract will result in verifiable savings to the association  and the   supplier is not an entity that the subdivider has a direct or indirect interest in, 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. Section 1353.9 is added to the Civil Code, to read: 1353.9. Notwithstanding any provision of the governing documents to the contrary, an association may enter into a contract for a water or energy efficiency program, regardless of the duration of the contract,   not to exceed five years in duration,  if the board reasonably anticipates that the contract will result in verifiable savings to the association  and the supplier is not an entity that the subdivider, if the subdivider still has representation on the board, has a direct or indirect ownership interest in of 10 percent or more  .