BILL NUMBER: AB 1927INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Knight FEBRUARY 17, 2010 An act to add Section 1360.2 to the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGEST AB 1927, as introduced, Knight. Real property: common interest developments. 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 a governing document that is amended, adopted, or recorded on or after January 1, 2011, shall not prohibit the rental or lease of a separate interest in a common interest development, unless the provision imposing the prohibition is approved by 2/3 of all of the owners of separate interests, 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. The Legislature finds and declares that the rights of common interest development owners to rent or lease their properties, as the rights existed at the time they acquired them, should be protected by the State of California. The Legislature further finds and declares that a common interest development creates a unique home ownership model that is unlike the status of a single family home in a traditional neighborhood. Property owners and residents who purchase units within, and live in, a common interest development governed by a homeowner's association have agreed to live under rules and guidelines created by a democratic process. It is best, therefore, as provided herein, that the owners of units within a common interest development determine, through the exercise of a democratic decisionmaking process, what is best for their communities. SEC. 2. Section 1360.2 is added to the Civil Code, to read: 1360.2. (a) A governing document that is amended, adopted, or recorded on or after January 1, 2011, shall not prohibit the rental or lease of a separate interest in a common interest development, except as provided in this section. (b) Notwithstanding any provision of the governing documents to the contrary, if a common interest development adopts a governing document or an amendment to a governing document that prohibits the rental or lease of a separate interest in a common interest development, that provision shall be approved by a vote of all the owners of separate interests in the common interest development. (c) The vote required by subdivision (b) shall be by means of a written ballot approved by not less than two-thirds of all of the owners of separate interests in the common interest development.