Lou Correa
- Democratic
Author
Existing law, the Davis-Stirling Common Interest Development Act, requires the declaration of a common interest development recorded on or after January 1, 1986, to contain a legal description of the development and the restrictions on the use or enjoyment of any portion of the development. Existing law also provides that the covenants and restrictions in the declaration of a common interest development shall be enforceable equitable servitudes, unless unreasonable. This bill would prohibit the owner of a separate interest in a common interest development from being subject to a provision in a governing document, or a provision in an amendment to a governing document, that prohibits the rental or leasing of all or any of the separate interests in that common interest development to a renter, lessee, or tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest. The bill would also authorize that owner to expressly consent to be subject to a governing document or amendment thereto with that specified prohibition. Existing law requires the owner of a separate interest, except as specified, to provide specified documents and information to a prospective purchaser as soon as practicable before transfer of title to the separate interest or execution of a real property sales contract therefor. This bill would, in addition, require the owner of a separate interest to provide a statement describing any provision in the governing documents that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant, and its applicability, if there is such a provision. This bill would incorporate additional changes to Civil Code Section 1368 proposed by AB 771 that would become operative only if both this bill and AB 771 are chaptered and take effect on or before January 1, 2012, and this bill is chaptered last.
Chaptered by Secretary of State. Chapter 62, Statutes of 2011.
Approved by the Governor.
Enrolled and presented to the Governor at 11 a.m.
Assembly amendments concurred in. (Ayes 37. Noes 0. Page 1572.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 72. Noes 0. Page 2052.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (June 21).
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 15). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 39. Noes 0. Page 1171.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 5. Noes 0. Page 950.) (May 10).
Set for hearing May 10.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0. Page 864.) (May 3). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on T. & H.
Set for hearing May 3.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
From printer. May be acted upon on or after March 4.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB150 | HTML |
| 02/01/11 - Introduced | |
| 04/07/11 - Amended Senate | |
| 04/25/11 - Amended Senate | |
| 05/17/11 - Amended Senate | |
| 06/09/11 - Amended Assembly | |
| 06/28/11 - Enrolled | |
| 07/08/11 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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