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1 | + | Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1431Introduced by Senator CorteseFebruary 16, 2024An act to amend Section 4500 of the Civil Code, relating to common interest developments. An act to add Section 90003 to the Education Code, relating to the California State University, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 1431, as amended, Cortese. Declarations: common areas. San Jos State University: fire building protection standards.Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including San Jos State University.This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise. This prohibition would only apply if the owner of that building, or the owner of related improvements to that building, enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project.This bill would make legislative findings and declarations as to the necessity of a special statute for San Jos State University.This bill would declare that it is to take effect immediately as an urgency statute.The Davis-Stirling Common Interest Development Act provides that, unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 90003 is added to the Education Code, to read:90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise.(b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to meet the immediate need of San Jos State University to provide necessary housing for students at the start of the 202425 academic year, it is necessary that this act take effect immediately.SECTION 1.Section 4500 of the Civil Code is amended to read:4500.Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest. | |
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3 | + | Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1431Introduced by Senator CorteseFebruary 16, 2024An act to amend Section 4500 of the Civil Code, relating to common interest developments. An act to add Section 90003 to the Education Code, relating to the California State University, and declaring the urgency thereof, to take effect immediately.LEGISLATIVE COUNSEL'S DIGESTSB 1431, as amended, Cortese. Declarations: common areas. San Jos State University: fire building protection standards.Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including San Jos State University.This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise. This prohibition would only apply if the owner of that building, or the owner of related improvements to that building, enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project.This bill would make legislative findings and declarations as to the necessity of a special statute for San Jos State University.This bill would declare that it is to take effect immediately as an urgency statute.The Davis-Stirling Common Interest Development Act provides that, unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest.This bill would make a nonsubstantive change to that provision.Digest Key Vote: MAJORITY2/3 Appropriation: NO Fiscal Committee: NOYES Local Program: NO | |
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5 | + | Amended IN Senate March 20, 2024 | |
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7 | - | Amended IN Senate April 11, 2024 | |
8 | 7 | Amended IN Senate March 20, 2024 | |
9 | 8 | ||
10 | 9 | CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION | |
11 | 10 | ||
12 | 11 | Senate Bill | |
13 | 12 | ||
14 | 13 | No. 1431 | |
15 | 14 | ||
16 | 15 | Introduced by Senator CorteseFebruary 16, 2024 | |
17 | 16 | ||
18 | 17 | Introduced by Senator Cortese | |
19 | 18 | February 16, 2024 | |
20 | 19 | ||
21 | - | An act to add Section 90003 to the Education Code, relating to the California State University, and declaring the urgency thereof, to take effect immediately. | |
20 | + | An act to amend Section 4500 of the Civil Code, relating to common interest developments. An act to add Section 90003 to the Education Code, relating to the California State University, and declaring the urgency thereof, to take effect immediately. | |
22 | 21 | ||
23 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
24 | 23 | ||
25 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
26 | 25 | ||
27 | - | SB 1431, as amended, Cortese. San Jos State University: fire building protection standards. | |
26 | + | SB 1431, as amended, Cortese. Declarations: common areas. San Jos State University: fire building protection standards. | |
28 | 27 | ||
29 | - | Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including San Jos State University.This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
28 | + | Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including San Jos State University.This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise. This prohibition would only apply if the owner of that building, or the owner of related improvements to that building, enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project.This bill would make legislative findings and declarations as to the necessity of a special statute for San Jos State University.This bill would declare that it is to take effect immediately as an urgency statute.The Davis-Stirling Common Interest Development Act provides that, unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest.This bill would make a nonsubstantive change to that provision. | |
30 | 29 | ||
31 | 30 | Existing law, except as provided, requires the State Fire Marshal to prepare and adopt building standards relating to fire protection in the design and construction of the means of egress and the adequacy of exit from, and the installation and maintenance of fire alarm and fire extinguishment equipment or systems in, any state institution or other state-owned building or in any specified state-occupied building. Existing law requires the State Fire Marshal to prepare and adopt regulations other than building standards for the installation and maintenance of equipment and furnishings that present unusual fire hazards in any state institution or other state-owned building or in any specified state-occupied building. Existing law requires, except as provided, the State Fire Marshal to enforce those regulations in all state-owned buildings, specified state-occupied buildings, and state institutions throughout the state. | |
32 | 31 | ||
33 | 32 | Existing law establishes the California State University, under the administration of the Trustees of the California State University, as one of the segments of public postsecondary education in this state. The California State University comprises 23 institutions of higher education, including San Jos State University. | |
34 | 33 | ||
35 | - | This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections | |
34 | + | This bill would prohibit the State Fire Marshal from having authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise. This prohibition would only apply if the owner of that building, or the owner of related improvements to that building, enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project. | |
36 | 35 | ||
37 | 36 | This bill would make legislative findings and declarations as to the necessity of a special statute for San Jos State University. | |
38 | 37 | ||
39 | 38 | This bill would declare that it is to take effect immediately as an urgency statute. | |
40 | 39 | ||
40 | + | The Davis-Stirling Common Interest Development Act provides that, unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest. | |
41 | + | ||
42 | + | ||
43 | + | ||
44 | + | This bill would make a nonsubstantive change to that provision. | |
45 | + | ||
46 | + | ||
47 | + | ||
41 | 48 | ## Digest Key | |
42 | 49 | ||
43 | 50 | ## Bill Text | |
44 | 51 | ||
45 | - | The people of the State of California do enact as follows:SECTION 1. Section 90003 is added to the Education Code, to read:90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
52 | + | The people of the State of California do enact as follows:SECTION 1. Section 90003 is added to the Education Code, to read:90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise.(b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project.SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University.SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to meet the immediate need of San Jos State University to provide necessary housing for students at the start of the 202425 academic year, it is necessary that this act take effect immediately.SECTION 1.Section 4500 of the Civil Code is amended to read:4500.Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest. | |
46 | 53 | ||
47 | 54 | The people of the State of California do enact as follows: | |
48 | 55 | ||
49 | 56 | ## The people of the State of California do enact as follows: | |
50 | 57 | ||
51 | - | SECTION 1. Section 90003 is added to the Education Code, to read:90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
58 | + | SECTION 1. Section 90003 is added to the Education Code, to read:90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise.(b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project. | |
52 | 59 | ||
53 | 60 | SECTION 1. Section 90003 is added to the Education Code, to read: | |
54 | 61 | ||
55 | 62 | ### SECTION 1. | |
56 | 63 | ||
57 | - | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
64 | + | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise.(b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project. | |
58 | 65 | ||
59 | - | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
66 | + | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise.(b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project. | |
60 | 67 | ||
61 | - | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
68 | + | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise.(b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project. | |
62 | 69 | ||
63 | 70 | ||
64 | 71 | ||
65 | - | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, | |
72 | + | 90003. (a) Notwithstanding Sections 13108, 13108.5, 13145, and 13146 of the Health and Safety Code or any other law relating to the duties of the State Fire Marshal, the State Fire Marshal shall have no authority over the development of a project known as Spartan Village on the Paseo for use by San Jos State University, including related improvements associated with that project, for the purpose of fire or life safety activities, other safety-related activities, plan checks, inspections, or certificates of occupancy, conditional or otherwise. | |
66 | 73 | ||
67 | - | (b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide | |
74 | + | (b) Subdivision (a) shall only apply if the owner of the building described in subdivision (a), or the owner of related improvements to the building described in subdivision (a), enters into an agreement with the California State University Office of Fire Safety to perform fire and life safety activities, other safety-related activities, plan checks, or inspections, or to provide certificates of occupancy, conditional or otherwise, for that project. | |
68 | 75 | ||
69 | - | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University. | |
76 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University. | |
70 | 77 | ||
71 | - | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University. | |
78 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University. | |
72 | 79 | ||
73 | - | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University. | |
80 | + | SEC. 2. The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique needs of San Jos State University. | |
74 | 81 | ||
75 | 82 | ### SEC. 2. | |
76 | 83 | ||
77 | 84 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to meet the immediate need of San Jos State University to provide necessary housing for students at the start of the 202425 academic year, it is necessary that this act take effect immediately. | |
78 | 85 | ||
79 | 86 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to meet the immediate need of San Jos State University to provide necessary housing for students at the start of the 202425 academic year, it is necessary that this act take effect immediately. | |
80 | 87 | ||
81 | 88 | SEC. 3. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are: | |
82 | 89 | ||
83 | 90 | ### SEC. 3. | |
84 | 91 | ||
85 | 92 | In order to meet the immediate need of San Jos State University to provide necessary housing for students at the start of the 202425 academic year, it is necessary that this act take effect immediately. | |
93 | + | ||
94 | + | ||
95 | + | ||
96 | + | ||
97 | + | ||
98 | + | Unless the declaration otherwise provides, in a condominium project, or in a planned development in which the common area is owned by the owners of the separate interests, the common area is owned as tenants in common in equal shares, one for each separate interest. |