California 2017-2018 Regular Session

California Assembly Bill AB534 Compare Versions

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1		-	Assembly Bill No. ~~534 CHAPTER 44~~ An act to amend Sections 4615 and 6658 of, and to add Sections 4620, 6660, and 8119 to, the Civil Code, relating to common interest developments. ~~[ Approved by Governor July 10, 2017. Filed with Secretary of State July 10, 2017. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 534, Gallagher. Common interest developments: mechanics liens.The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium.This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.Existing law authorizes the owner of a condominium to remove that owners condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond.This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners separate interest or recording a lien release bond, as specified.This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.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 4615 of the Civil Code is amended to read:4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.SEC. 2. Section 4620 is added to the Civil Code, to read:4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.SEC. 3. Section 6658 of the Civil Code is amended to read:6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.SEC. 4. Section 6660 is added to the Civil Code, to read:6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.SEC. 5. Section 8119 is added to the Civil Code, to read:8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
	1	+	Enrolled June 21, 2017 Passed IN Senate June 19, 2017 Passed IN Assembly April 27, 2017 Amended IN Assembly April 19, 2017 Amended IN Assembly April 06, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 534Introduced by Assembly Member GallagherFebruary 13, 2017 An act to amend Sections 4615 and 6658 of, and to add Sections 4620, 6660, and 8119 to, the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTAB 534, Gallagher. Common interest developments: mechanics liens.The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium.This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.Existing law authorizes the owner of a condominium to remove that owners condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond.This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners separate interest or recording a lien release bond, as specified.This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.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 4615 of the Civil Code is amended to read:4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.SEC. 2. Section 4620 is added to the Civil Code, to read:4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.SEC. 3. Section 6658 of the Civil Code is amended to read:6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.SEC. 4. Section 6660 is added to the Civil Code, to read:6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.SEC. 5. Section 8119 is added to the Civil Code, to read:8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
2	2
3		-	Assembly Bill No. 534 CHAPTER 44 An act to amend Sections 4615 and 6658 of, and to add Sections 4620, 6660, and 8119 to, the Civil Code, relating to common interest developments. [ Approved by Governor July 10, 2017. Filed with Secretary of State July 10, 2017. ] LEGISLATIVE COUNSEL'S DIGESTAB 534, Gallagher. Common interest developments: mechanics liens.The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium.This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.Existing law authorizes the owner of a condominium to remove that owners condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond.This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners separate interest or recording a lien release bond, as specified.This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	3	+	Enrolled June 21, 2017 Passed IN Senate June 19, 2017 Passed IN Assembly April 27, 2017 Amended IN Assembly April 19, 2017 Amended IN Assembly April 06, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 534Introduced by Assembly Member GallagherFebruary 13, 2017 An act to amend Sections 4615 and 6658 of, and to add Sections 4620, 6660, and 8119 to, the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTAB 534, Gallagher. Common interest developments: mechanics liens.The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium.This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.Existing law authorizes the owner of a condominium to remove that owners condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond.This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners separate interest or recording a lien release bond, as specified.This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
	4	+
	5	+	Enrolled June 21, 2017 Passed IN Senate June 19, 2017 Passed IN Assembly April 27, 2017 Amended IN Assembly April 19, 2017 Amended IN Assembly April 06, 2017
	6	+
	7	+	Enrolled June 21, 2017
	8	+	Passed IN Senate June 19, 2017
	9	+	Passed IN Assembly April 27, 2017
	10	+	Amended IN Assembly April 19, 2017
	11	+	Amended IN Assembly April 06, 2017
	12	+
	13	+	CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
4	14
5	15		Assembly Bill No. 534
6		-	CHAPTER 44
	16	+
	17	+	Introduced by Assembly Member GallagherFebruary 13, 2017
	18	+
	19	+	Introduced by Assembly Member Gallagher
	20	+	February 13, 2017
7	21
8	22		An act to amend Sections 4615 and 6658 of, and to add Sections 4620, 6660, and 8119 to, the Civil Code, relating to common interest developments.
9		-
10		-	[ Approved by Governor July 10, 2017. Filed with Secretary of State July 10, 2017. ]
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12	24		LEGISLATIVE COUNSEL'S DIGEST
13	25
14	26		## LEGISLATIVE COUNSEL'S DIGEST
15	27
16	28		AB 534, Gallagher. Common interest developments: mechanics liens.
17	29
18	30		The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium.This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.Existing law authorizes the owner of a condominium to remove that owners condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond.This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners separate interest or recording a lien release bond, as specified.This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.
19	31
20	32		The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens.
21	33
22	34		The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative.
23	35
24	36		These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium.
25	37
26	38		This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs.
27	39
28	40		Existing law authorizes the owner of a condominium to remove that owners condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond.
29	41
30	42		This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owners separate interest or recording a lien release bond, as specified.
31	43
32	44		This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.
33	45
34	46		## Digest Key
35	47
36	48		## Bill Text
37	49
38	50		The people of the State of California do enact as follows:SECTION 1. Section 4615 of the Civil Code is amended to read:4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.SEC. 2. Section 4620 is added to the Civil Code, to read:4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.SEC. 3. Section 6658 of the Civil Code is amended to read:6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.SEC. 4. Section 6660 is added to the Civil Code, to read:6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.SEC. 5. Section 8119 is added to the Civil Code, to read:8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
39	51
40	52		The people of the State of California do enact as follows:
41	53
42	54		## The people of the State of California do enact as follows:
43	55
44	56		SECTION 1. Section 4615 of the Civil Code is amended to read:4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
45	57
46	58		SECTION 1. Section 4615 of the Civil Code is amended to read:
47	59
48	60		### SECTION 1.
49	61
50	62		4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
51	63
52	64		4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
53	65
54	66		4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
55	67
56	68
57	69
58	70		4615. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of an other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.
59	71
60	72		(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.
61	73
62	74		(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:
63	75
64	76		(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.
65	77
66	78		(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
67	79
68	80		SEC. 2. Section 4620 is added to the Civil Code, to read:4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.
69	81
70	82		SEC. 2. Section 4620 is added to the Civil Code, to read:
71	83
72	84		### SEC. 2.
73	85
74	86		4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.
75	87
76	88		4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.
77	89
78	90		4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.
79	91
80	92
81	93
82	94		4620. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.
83	95
84	96		SEC. 3. Section 6658 of the Civil Code is amended to read:6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
85	97
86	98		SEC. 3. Section 6658 of the Civil Code is amended to read:
87	99
88	100		### SEC. 3.
89	101
90	102		6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
91	103
92	104		6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
93	105
94	106		6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
95	107
96	108
97	109
98	110		6658. (a) In a common interest development, no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the common interest development or the owners agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the common interest development unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any separate interest in the case of emergency repairs thereto.
99	111
100	112		(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each separate interest owner.
101	113
102	114		(c) The owner of any separate interest may remove that owners separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:
103	115
104	116		(1) Pay to the holder of the lien the fraction of the total sum secured by the lien that is attributable to the owners separate interest.
105	117
106	118		(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owners separate interest.
107	119
108	120		SEC. 4. Section 6660 is added to the Civil Code, to read:6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.
109	121
110	122		SEC. 4. Section 6660 is added to the Civil Code, to read:
111	123
112	124		### SEC. 4.
113	125
114	126		6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.
115	127
116	128		6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.
117	129
118	130		6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.
119	131
120	132
121	133
122	134		6660. If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.
123	135
124	136		SEC. 5. Section 8119 is added to the Civil Code, to read:8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
125	137
126	138		SEC. 5. Section 8119 is added to the Civil Code, to read:
127	139
128	140		### SEC. 5.
129	141
130	142		8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
131	143
132	144		8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
133	145
134	146		8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.
135	147
136	148
137	149
138	150		8119. (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.
139	151
140	152		(b) For the purposes of this section, the terms association, common area, common interest development, and separate interest have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.