CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1173Introduced by Senator VidakFebruary 14, 2018 An act to amend Section 4041 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 1173, as introduced, Vidak. Common interest developments: annual notices. The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. Existing law requires a common interest development to be managed by an association, which may be a nonprofit corporation or an unincorporated association created for the purpose of managing the development. Existing law requires the owner of a separate interest in a common interest development to annually provide the association with specified written information, including an address for the purpose of receiving notices from the association. Existing law requires the association to solicit these annual notices of each owner, and authorizes the association, when an owner fails to provide the required notice, to use the last address provided in writing by the owner, except as specified.This bill would exempt from these notice requirements interests regulated in the Vacation Ownership and Time-Share Act of 2004.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 4041 of the Civil Code is amended to read:4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:(1) The address or addresses to which notices from the association are to be delivered.(2) An alternate or secondary address to which notices from the association are to be delivered.(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1173Introduced by Senator VidakFebruary 14, 2018 An act to amend Section 4041 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 1173, as introduced, Vidak. Common interest developments: annual notices. The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. Existing law requires a common interest development to be managed by an association, which may be a nonprofit corporation or an unincorporated association created for the purpose of managing the development. Existing law requires the owner of a separate interest in a common interest development to annually provide the association with specified written information, including an address for the purpose of receiving notices from the association. Existing law requires the association to solicit these annual notices of each owner, and authorizes the association, when an owner fails to provide the required notice, to use the last address provided in writing by the owner, except as specified.This bill would exempt from these notice requirements interests regulated in the Vacation Ownership and Time-Share Act of 2004.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1173
Introduced by Senator VidakFebruary 14, 2018
Introduced by Senator Vidak
February 14, 2018
An act to amend Section 4041 of the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1173, as introduced, Vidak. Common interest developments: annual notices.
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. Existing law requires a common interest development to be managed by an association, which may be a nonprofit corporation or an unincorporated association created for the purpose of managing the development. Existing law requires the owner of a separate interest in a common interest development to annually provide the association with specified written information, including an address for the purpose of receiving notices from the association. Existing law requires the association to solicit these annual notices of each owner, and authorizes the association, when an owner fails to provide the required notice, to use the last address provided in writing by the owner, except as specified.This bill would exempt from these notice requirements interests regulated in the Vacation Ownership and Time-Share Act of 2004.
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. Existing law requires a common interest development to be managed by an association, which may be a nonprofit corporation or an unincorporated association created for the purpose of managing the development. Existing law requires the owner of a separate interest in a common interest development to annually provide the association with specified written information, including an address for the purpose of receiving notices from the association. Existing law requires the association to solicit these annual notices of each owner, and authorizes the association, when an owner fails to provide the required notice, to use the last address provided in writing by the owner, except as specified.
This bill would exempt from these notice requirements interests regulated in the Vacation Ownership and Time-Share Act of 2004.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4041 of the Civil Code is amended to read:4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:(1) The address or addresses to which notices from the association are to be delivered.(2) An alternate or secondary address to which notices from the association are to be delivered.(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 4041 of the Civil Code is amended to read:4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:(1) The address or addresses to which notices from the association are to be delivered.(2) An alternate or secondary address to which notices from the association are to be delivered.(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.
SECTION 1. Section 4041 of the Civil Code is amended to read:
### SECTION 1.
4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:(1) The address or addresses to which notices from the association are to be delivered.(2) An alternate or secondary address to which notices from the association are to be delivered.(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.
4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:(1) The address or addresses to which notices from the association are to be delivered.(2) An alternate or secondary address to which notices from the association are to be delivered.(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.
4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:(1) The address or addresses to which notices from the association are to be delivered.(2) An alternate or secondary address to which notices from the association are to be delivered.(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.
4041. (a) An owner of a separate interest shall, on an annual basis, provide written notice to the association of all of the following:
(1) The address or addresses to which notices from the association are to be delivered.
(2) An alternate or secondary address to which notices from the association are to be delivered.
(3) The name and address of the owners legal representative, if any, including any person with power of attorney or other person who can be contacted in the event of the owners extended absence from the separate interest.
(4) Whether the separate interest is owner-occupied, is rented out, if the parcel is developed but vacant, or if the parcel is undeveloped land.
(b) The association shall solicit these annual notices of each owner and, at least 30 days prior to making its own required disclosure under Section 5300, shall enter the data into its books and records.
(c) If an owner fails to provide the notices set forth in paragraphs (1) and (2) of subdivision (a), the last address provided in writing by the owner or, if none, the property address shall be deemed to be the address to which notices are to be delivered.
(d) This section shall not apply to interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code.