California 2019 2019-2020 Regular Session

California Senate Bill SB981 Introduced / Bill

Filed 02/11/2020

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 981Introduced by Senator ArchuletaFebruary 11, 2020 An act to amend Section 4041 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 981, as introduced, Archuleta. Common interest developments: annual notices.Existing law requires the owner of a separate interest in a common interest development to provide an annual written notice to the association managing the common interest development with specified information. Existing law requires the association to solicit this annual notice from each owner and enter the data into its books and records.This bill would make nonsubstantive changes to this provision.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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 981Introduced by Senator ArchuletaFebruary 11, 2020 An act to amend Section 4041 of the Civil Code, relating to common interest developments. LEGISLATIVE COUNSEL'S DIGESTSB 981, as introduced, Archuleta. Common interest developments: annual notices.Existing law requires the owner of a separate interest in a common interest development to provide an annual written notice to the association managing the common interest development with specified information. Existing law requires the association to solicit this annual notice from each owner and enter the data into its books and records.This bill would make nonsubstantive changes to this provision.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: NO  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

 Senate Bill 

No. 981

Introduced by Senator ArchuletaFebruary 11, 2020

Introduced by Senator Archuleta
February 11, 2020

 An act to amend Section 4041 of the Civil Code, relating to common interest developments. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

SB 981, as introduced, Archuleta. Common interest developments: annual notices.

Existing law requires the owner of a separate interest in a common interest development to provide an annual written notice to the association managing the common interest development with specified information. Existing law requires the association to solicit this annual notice from each owner and enter the data into its books and records.This bill would make nonsubstantive changes to this provision.

Existing law requires the owner of a separate interest in a common interest development to provide an annual written notice to the association managing the common interest development with specified information. Existing law requires the association to solicit this annual notice from each owner and enter the data into its books and records.

This bill would make nonsubstantive changes to this provision.

## 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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.

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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.

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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.

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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.

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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.



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 the annual notices described in subdivision (a) of each owner and, at least 30 days prior to before 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) To the extent that interests regulated in Chapter 2 (commencing with Section 11210) of Part 2 of Division 4 of the Business and Professions Code are part of a mixed-use project where those interests comprise a portion of a common interest development, the association, as defined in Section 4040, shall be deemed compliant with this section if, at least once annually, it obtains from the time-share plan association a copy of the list described in subdivision (e) of Section 11273 of the Business and Professions Code, and enters the data into its books and records.

Notwithstanding subdivision (e) of Section 11273 of the Business and Professions Code, the time-share plan association shall provide the list to the association at least annually for this purpose.