CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 754Introduced by Senator MoorlachFebruary 22, 2019 An act to amend Section 4230 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 754, as introduced, Moorlach. Common interest developments.Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. The act authorizes the board of a common interest development, after the developer has completed construction of the development and has terminated construction and marketing activities related to the disposition of separate interests within the development, to adopt an amendment deleting from the common interest developments governing documents any provision intended to facilitate the developer in completing construction or marketing of the development. The act requires the board, at least 30 days before taking action, to deliver to all members a copy of the proposed amendments to the governing documents and a notice of the time, date, and place the board will consider adoption of the amendments. This bill would authorize the board to also delete from the governing documents any provision intended to facilitate the developer in planning the development, and would require the board to send to all members the copy and notice specified above at least 60 days before taking action.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 4230 of the Civil Code is amended to read:4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 754Introduced by Senator MoorlachFebruary 22, 2019 An act to amend Section 4230 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 754, as introduced, Moorlach. Common interest developments.Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. The act authorizes the board of a common interest development, after the developer has completed construction of the development and has terminated construction and marketing activities related to the disposition of separate interests within the development, to adopt an amendment deleting from the common interest developments governing documents any provision intended to facilitate the developer in completing construction or marketing of the development. The act requires the board, at least 30 days before taking action, to deliver to all members a copy of the proposed amendments to the governing documents and a notice of the time, date, and place the board will consider adoption of the amendments. This bill would authorize the board to also delete from the governing documents any provision intended to facilitate the developer in planning the development, and would require the board to send to all members the copy and notice specified above at least 60 days before taking action.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Senate Bill No. 754
Introduced by Senator MoorlachFebruary 22, 2019
Introduced by Senator Moorlach
February 22, 2019
An act to amend Section 4230 of the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 754, as introduced, Moorlach. Common interest developments.
Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. The act authorizes the board of a common interest development, after the developer has completed construction of the development and has terminated construction and marketing activities related to the disposition of separate interests within the development, to adopt an amendment deleting from the common interest developments governing documents any provision intended to facilitate the developer in completing construction or marketing of the development. The act requires the board, at least 30 days before taking action, to deliver to all members a copy of the proposed amendments to the governing documents and a notice of the time, date, and place the board will consider adoption of the amendments. This bill would authorize the board to also delete from the governing documents any provision intended to facilitate the developer in planning the development, and would require the board to send to all members the copy and notice specified above at least 60 days before taking action.
Existing law, the Davis-Stirling Common Interest Development Act, governs the formation and operation of common interest developments. The act authorizes the board of a common interest development, after the developer has completed construction of the development and has terminated construction and marketing activities related to the disposition of separate interests within the development, to adopt an amendment deleting from the common interest developments governing documents any provision intended to facilitate the developer in completing construction or marketing of the development. The act requires the board, at least 30 days before taking action, to deliver to all members a copy of the proposed amendments to the governing documents and a notice of the time, date, and place the board will consider adoption of the amendments.
This bill would authorize the board to also delete from the governing documents any provision intended to facilitate the developer in planning the development, and would require the board to send to all members the copy and notice specified above at least 60 days before taking action.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4230 of the Civil Code is amended to read:4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.
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 4230 of the Civil Code is amended to read:4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.
SECTION 1. Section 4230 of the Civil Code is amended to read:
### SECTION 1.
4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.
4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.
4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.
4230. (a) Notwithstanding any provision of the governing documents to the contrary, the board may, after the developer has completed construction of the development, has terminated construction activities, and has terminated marketing activities for the sale, lease, or other disposition of separate interests within the development, adopt an amendment deleting from any of the governing documents any provision which that is unequivocally designed and intended, or which by its nature can only have been designed or intended, to facilitate the developer in completing the construction planning, construction, or marketing of the development. However, provisions of the governing documents relative to a particular construction or marketing phase of the development may not be deleted under the authorization of this subdivision until that construction or marketing phase has been completed.
(b) The provisions which may be deleted by action of the board shall be limited to those which provide for access by the developer over or across the common area for the purposes of (1) completion of construction of the development, and (2) the erection, construction, or maintenance of structures or other facilities designed to facilitate the completion of construction or marketing of separate interests.
(c) At least 30 60 days prior to before taking action pursuant to subdivision (a), the board shall deliver to all members, by individual delivery, pursuant to Section 4040, (1) a copy of all amendments to the governing documents proposed to be adopted under subdivision (a), and (2) a notice of the time, date, and place the board will consider adoption of the amendments. The board may consider adoption of amendments to the governing documents pursuant to subdivision (a) only at a meeting that is open to all members, who shall be given opportunity to make comments thereon. All deliberations of the board on any action proposed under subdivision (a) shall only be conducted in an open meeting.
(d) The board may not amend the governing documents pursuant to this section without the approval of a majority of a quorum of the members, pursuant to Section 4070. For the purposes of this section, quorum means more than 50 percent of the members who own no more than two separate interests in the development.