Amended IN Senate February 27, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 900Introduced by Senator UmbergJanuary 03, 2024An act to amend Section 1062.20 of the Code of Civil Procedure, relating to civil procedure. An act to amend Sections 4775 and 5610 of the Civil Code, relating to common interest developments.LEGISLATIVE COUNSEL'S DIGESTSB 900, as amended, Umberg. Civil procedure: automation. Common interest developments: repair and maintenance.Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments, and requires an association to manage a common interest development. Existing law, unless otherwise provided in the declaration of a common interest development, generally makes an association responsible for repairing, replacing, and maintaining the common area, except as specified.This bill would make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified. The bill would require an association to complete those repairs or replacements within 30 days. The bill would require an award of reasonable attorneys fees to a prevailing owner who enforces this provision against an association.Existing law imposes specified duties on an association with respect to managing a common interest development, including levying regular and special assessments sufficient to perform its obligations. Existing law imposes limits on increases in those assessments, except those increases necessary for specified emergency situations, including an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal safety on the property is discovered.This bill would expand that emergency situation to include an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal health or safety on the property is discovered.Existing law authorizes a court to establish and operate, in accordance with the rules and policy of the Judicial Council, an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in specified civil actions.This bill would make a technical, nonsubstantive change 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 4775 of the Civil Code is amended to read:4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (2)(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3)(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs. (b)(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (c)This section shall become operative on January 1, 2017. (d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.SEC. 2. Section 5610 of the Civil Code is amended to read:5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:(a) An extraordinary expense required by an order of a court.(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.SECTION 1.Section 1062.20 of the Code of Civil Procedure is amended to read:1062.20.(a)In accordance with the rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions:(1)Enforcement of court orders, including orders for visitation, child custody, and property division.(2)Landlord and tenant actions.(3)Uncontested dissolution of marriage.(4)Probate of a will.(b)The computer system may also provide standardized information to users, including, but not limited to, information regarding calculations for child and spousal support payments that meet the requirements described in Section 3830 of the Family Code, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution.(c)The court may contract with a private entity to establish and operate the program and collect any fees described in subdivision (d).(d)The court may establish and collect fees from the program not to exceed the reasonable costs to establish and operate the program.
Amended IN Senate February 27, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 900Introduced by Senator UmbergJanuary 03, 2024An act to amend Section 1062.20 of the Code of Civil Procedure, relating to civil procedure. An act to amend Sections 4775 and 5610 of the Civil Code, relating to common interest developments.LEGISLATIVE COUNSEL'S DIGESTSB 900, as amended, Umberg. Civil procedure: automation. Common interest developments: repair and maintenance.Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments, and requires an association to manage a common interest development. Existing law, unless otherwise provided in the declaration of a common interest development, generally makes an association responsible for repairing, replacing, and maintaining the common area, except as specified.This bill would make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified. The bill would require an association to complete those repairs or replacements within 30 days. The bill would require an award of reasonable attorneys fees to a prevailing owner who enforces this provision against an association.Existing law imposes specified duties on an association with respect to managing a common interest development, including levying regular and special assessments sufficient to perform its obligations. Existing law imposes limits on increases in those assessments, except those increases necessary for specified emergency situations, including an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal safety on the property is discovered.This bill would expand that emergency situation to include an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal health or safety on the property is discovered.Existing law authorizes a court to establish and operate, in accordance with the rules and policy of the Judicial Council, an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in specified civil actions.This bill would make a technical, nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Senate February 27, 2024
Amended IN Senate February 27, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 900
Introduced by Senator UmbergJanuary 03, 2024
Introduced by Senator Umberg
January 03, 2024
An act to amend Section 1062.20 of the Code of Civil Procedure, relating to civil procedure. An act to amend Sections 4775 and 5610 of the Civil Code, relating to common interest developments.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 900, as amended, Umberg. Civil procedure: automation. Common interest developments: repair and maintenance.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments, and requires an association to manage a common interest development. Existing law, unless otherwise provided in the declaration of a common interest development, generally makes an association responsible for repairing, replacing, and maintaining the common area, except as specified.This bill would make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified. The bill would require an association to complete those repairs or replacements within 30 days. The bill would require an award of reasonable attorneys fees to a prevailing owner who enforces this provision against an association.Existing law imposes specified duties on an association with respect to managing a common interest development, including levying regular and special assessments sufficient to perform its obligations. Existing law imposes limits on increases in those assessments, except those increases necessary for specified emergency situations, including an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal safety on the property is discovered.This bill would expand that emergency situation to include an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal health or safety on the property is discovered.Existing law authorizes a court to establish and operate, in accordance with the rules and policy of the Judicial Council, an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in specified civil actions.This bill would make a technical, nonsubstantive change to this provision.
Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments, and requires an association to manage a common interest development. Existing law, unless otherwise provided in the declaration of a common interest development, generally makes an association responsible for repairing, replacing, and maintaining the common area, except as specified.
This bill would make an association responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into another area, as specified. The bill would require an association to complete those repairs or replacements within 30 days. The bill would require an award of reasonable attorneys fees to a prevailing owner who enforces this provision against an association.
Existing law imposes specified duties on an association with respect to managing a common interest development, including levying regular and special assessments sufficient to perform its obligations. Existing law imposes limits on increases in those assessments, except those increases necessary for specified emergency situations, including an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal safety on the property is discovered.
This bill would expand that emergency situation to include an extraordinary expense necessary to repair or maintain the common interest development for which the association is responsible where a threat to personal health or safety on the property is discovered.
Existing law authorizes a court to establish and operate, in accordance with the rules and policy of the Judicial Council, an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in specified civil actions.
This bill would make a technical, nonsubstantive change to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 4775 of the Civil Code is amended to read:4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (2)(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3)(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs. (b)(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (c)This section shall become operative on January 1, 2017. (d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.SEC. 2. Section 5610 of the Civil Code is amended to read:5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:(a) An extraordinary expense required by an order of a court.(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.SECTION 1.Section 1062.20 of the Code of Civil Procedure is amended to read:1062.20.(a)In accordance with the rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions:(1)Enforcement of court orders, including orders for visitation, child custody, and property division.(2)Landlord and tenant actions.(3)Uncontested dissolution of marriage.(4)Probate of a will.(b)The computer system may also provide standardized information to users, including, but not limited to, information regarding calculations for child and spousal support payments that meet the requirements described in Section 3830 of the Family Code, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution.(c)The court may contract with a private entity to establish and operate the program and collect any fees described in subdivision (d).(d)The court may establish and collect fees from the program not to exceed the reasonable costs to establish and operate the program.
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 4775 of the Civil Code is amended to read:4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (2)(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3)(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs. (b)(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (c)This section shall become operative on January 1, 2017. (d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.
SECTION 1. Section 4775 of the Civil Code is amended to read:
### SECTION 1.
4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (2)(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3)(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs. (b)(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (c)This section shall become operative on January 1, 2017. (d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.
4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (2)(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3)(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs. (b)(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (c)This section shall become operative on January 1, 2017. (d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.
4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest. (2)(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.(3)(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs. (b)(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected. (c)This section shall become operative on January 1, 2017. (d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.
4775. (a) (1) Except as provided in paragraph (3), (4), unless otherwise provided in the declaration of a common interest development, the association is responsible for repairing, replacing, and maintaining the common area.
(2) Unless otherwise provided in the declaration of a common interest development, the association is responsible for repairs and replacements for matters pertaining to the interruption of gas, heat, water, or electrical services that begin in the common area even if the matter extends into a separate interest or the exclusive use common area appurtenant to a separate interest.
(2)
(3) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for repairing, replacing, and maintaining that separate interest.
(3)
(4) Unless otherwise provided in the declaration of a common interest development, the owner of each separate interest is responsible for maintaining the exclusive use common area appurtenant to that separate interest and the association is responsible for repairing and replacing the exclusive use common area.
(b) (1) An association shall complete repairs or replacements, as required by this section, within 30 days for matters pertaining to the interruption of gas, heat, water, or electrical services.
(2) A prevailing owner in an action against an association to enforce this subdivision shall be awarded reasonable attorneys fees and costs.
(b)
(c) The costs of temporary relocation during the repair and maintenance of the areas within the responsibility of the association shall be borne by the owner of the separate interest affected.
(c)This section shall become operative on January 1, 2017.
(d) Nothing in this section shall be construed to result in the personal liability of a board member of an association.
SEC. 2. Section 5610 of the Civil Code is amended to read:5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:(a) An extraordinary expense required by an order of a court.(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.
SEC. 2. Section 5610 of the Civil Code is amended to read:
### SEC. 2.
5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:(a) An extraordinary expense required by an order of a court.(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.
5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:(a) An extraordinary expense required by an order of a court.(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.
5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:(a) An extraordinary expense required by an order of a court.(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.
5610. Section 5605 does not limit assessment increases necessary for emergency situations. For purposes of this section, an emergency situation is any one of the following:
(a) An extraordinary expense required by an order of a court.
(b) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible where a threat to personal health or safety on the property is discovered.
(c) An extraordinary expense necessary to repair or maintain the common interest development or any part of it for which the association is responsible that could not have been reasonably foreseen by the board in preparing and distributing the annual budget report under Section 5300. However, prior to before the imposition or collection of an assessment under this subdivision, the board shall pass a resolution containing written findings as to the necessity of the extraordinary expense involved and why the expense was not or could not have been reasonably foreseen in the budgeting process, and the resolution shall be distributed to the members with the notice of assessment.
(a)In accordance with the rules and policy of the Judicial Council, each court may establish and operate an interactive computer system to enable and assist a pro per litigant to prepare standardized pro per court documents for use in the following civil actions:
(1)Enforcement of court orders, including orders for visitation, child custody, and property division.
(2)Landlord and tenant actions.
(3)Uncontested dissolution of marriage.
(4)Probate of a will.
(b)The computer system may also provide standardized information to users, including, but not limited to, information regarding calculations for child and spousal support payments that meet the requirements described in Section 3830 of the Family Code, court procedures, rights and responsibilities of landlords and tenants, and alternative dispute resolution.
(c)The court may contract with a private entity to establish and operate the program and collect any fees described in subdivision (d).
(d)The court may establish and collect fees from the program not to exceed the reasonable costs to establish and operate the program.