| 1 | 1 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2141Introduced by Assembly Member CunninghamFebruary 12, 2018 An act to amend Section 5310 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTAB 2141, as introduced, Cunningham. Common interest developments: association: annual policy statement.Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which are managed by homeowners associations. Existing law requires the association to distribute an annual policy statement, containing specified information, to the members within 30 to 90 days before the end of the fiscal year.This bill would change the time requirements for distribution of the annual policy statement to be within 31 to 91 days before the end of the fiscal year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5310 of the Civil Code is amended to read:5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information:(1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.(2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040.(3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.(4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.(5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950.(6) The statement of assessment collection policies required by Section 5730.(7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.(8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.(9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.(10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765.(11) The mailing address for overnight payment of assessments, pursuant to Section 5655.(12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.(b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2141Introduced by Assembly Member CunninghamFebruary 12, 2018 An act to amend Section 5310 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTAB 2141, as introduced, Cunningham. Common interest developments: association: annual policy statement.Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which are managed by homeowners associations. Existing law requires the association to distribute an annual policy statement, containing specified information, to the members within 30 to 90 days before the end of the fiscal year.This bill would change the time requirements for distribution of the annual policy statement to be within 31 to 91 days before the end of the fiscal year.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION |
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| 11 | 11 | | Assembly Bill No. 2141 |
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| 13 | 13 | | Introduced by Assembly Member CunninghamFebruary 12, 2018 |
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| 15 | 15 | | Introduced by Assembly Member Cunningham |
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| 16 | 16 | | February 12, 2018 |
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| 17 | 17 | | |
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| 18 | 18 | | An act to amend Section 5310 of the Civil Code, relating to common interest developments. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | AB 2141, as introduced, Cunningham. Common interest developments: association: annual policy statement. |
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| 26 | 26 | | Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which are managed by homeowners associations. Existing law requires the association to distribute an annual policy statement, containing specified information, to the members within 30 to 90 days before the end of the fiscal year.This bill would change the time requirements for distribution of the annual policy statement to be within 31 to 91 days before the end of the fiscal year. |
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| 28 | 28 | | Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments, which are managed by homeowners associations. Existing law requires the association to distribute an annual policy statement, containing specified information, to the members within 30 to 90 days before the end of the fiscal year. |
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| 30 | 30 | | This bill would change the time requirements for distribution of the annual policy statement to be within 31 to 91 days before the end of the fiscal year. |
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| 31 | 31 | | |
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| 32 | 32 | | ## Digest Key |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 5310 of the Civil Code is amended to read:5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information:(1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.(2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040.(3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.(4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.(5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950.(6) The statement of assessment collection policies required by Section 5730.(7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.(8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.(9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.(10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765.(11) The mailing address for overnight payment of assessments, pursuant to Section 5655.(12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.(b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 5310 of the Civil Code is amended to read:5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information:(1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.(2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040.(3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.(4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.(5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950.(6) The statement of assessment collection policies required by Section 5730.(7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.(8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.(9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.(10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765.(11) The mailing address for overnight payment of assessments, pursuant to Section 5655.(12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.(b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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| 44 | 44 | | SECTION 1. Section 5310 of the Civil Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information:(1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.(2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040.(3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.(4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.(5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950.(6) The statement of assessment collection policies required by Section 5730.(7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.(8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.(9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.(10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765.(11) The mailing address for overnight payment of assessments, pursuant to Section 5655.(12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.(b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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| 50 | 50 | | 5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information:(1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.(2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040.(3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.(4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.(5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950.(6) The statement of assessment collection policies required by Section 5730.(7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.(8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.(9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.(10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765.(11) The mailing address for overnight payment of assessments, pursuant to Section 5655.(12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.(b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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| 52 | 52 | | 5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information:(1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035.(2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040.(3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045.(4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045.(5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950.(6) The statement of assessment collection policies required by Section 5730.(7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments.(8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850.(9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965.(10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765.(11) The mailing address for overnight payment of assessments, pursuant to Section 5655.(12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion.(b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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| 56 | 56 | | 5310. (a) Within 30 31 to 90 91 days before the end of its fiscal year, the board shall distribute an annual policy statement that provides the members with information about association policies. The annual policy statement shall include all of the following information: |
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| 58 | 58 | | (1) The name and address of the person designated to receive official communications to the association, pursuant to Section 4035. |
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| 60 | 60 | | (2) A statement explaining that a member may submit a request to have notices sent to up to two different specified addresses, pursuant to subdivision (b) of Section 4040. |
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| 62 | 62 | | (3) The location, if any, designated for posting of a general notice, pursuant to paragraph (3) of subdivision (a) of Section 4045. |
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| 64 | 64 | | (4) Notice of a members option to receive general notices by individual delivery, pursuant to subdivision (b) of Section 4045. |
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| 66 | 66 | | (5) Notice of a members right to receive copies of meeting minutes, pursuant to subdivision (b) of Section 4950. |
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| 68 | 68 | | (6) The statement of assessment collection policies required by Section 5730. |
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| 70 | 70 | | (7) A statement describing the associations policies and practices in enforcing lien rights or other legal remedies for default in the payment of assessments. |
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| 72 | 72 | | (8) A statement describing the associations discipline policy, if any, including any schedule of penalties for violations of the governing documents pursuant to Section 5850. |
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| 74 | 74 | | (9) A summary of dispute resolution procedures, pursuant to Sections 5920 and 5965. |
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| 76 | 76 | | (10) A summary of any requirements for association approval of a physical change to property, pursuant to Section 4765. |
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| 78 | 78 | | (11) The mailing address for overnight payment of assessments, pursuant to Section 5655. |
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| 80 | 80 | | (12) Any other information that is required by law or the governing documents or that the board determines to be appropriate for inclusion. |
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| 82 | 82 | | (b) The annual policy statement shall be made available to the members pursuant to Section 5320. |
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