Today's Law As Amended

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AB-534 Common interest developments: mechanics liens.(2017-2018)



SECTION 1.

 Section 4615 of the Civil Code is amended to read:

4615.
 (a) In a condominium project,  common interest development,  no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the condominium project  common interest development  or the owners’ agent or contractor shall be the basis for the filing of a lien against any other property of any an  other owner in the condominium project  common interest development  unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any condominium  separate interest  in the case of emergency repairs thereto.
(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each condominium  separate interest  owner.
(c) The owner of any separate interest may remove that owner’s separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:
(c) (1)  The owner of any condominium may remove that owner’s condominium from a lien against two or more condominiums or any part thereof by payment  Pay  to the holder of the lien of  the fraction of the total sum secured by the lien that is attributable to the owner’s condominium.  separate interest. 
(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owner’s separate interest.

SEC. 2.

 Section 4620 is added to the Civil Code, to read:

4620.
 If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 4040.

SEC. 3.

 Section 6658 of the Civil Code is amended to read:

6658.
 (a) In a condominium project,  common interest development,  no labor performed or services or materials furnished with the consent of, or at the request of, an owner in the condominium project  common interest development  or the owners’ agent or contractor shall be the basis for the filing of a lien against any other property of any other owner in the condominium project  common interest development  unless that other owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services. However, express consent shall be deemed to have been given by the owner of any condominium  separate interest  in the case of emergency repairs thereto.
(b) Labor performed or services or materials furnished for the common area, if duly authorized by the association, shall be deemed to be performed or furnished with the express consent of each condominium  separate interest  owner.
(c) The owner of any separate interest may remove that owner’s separate interest from a lien against two or more separate interests or any part thereof by doing either of the following:
(c) (1)  The owner of any condominium may remove that owner’s condominium from a lien against two or more condominiums or any part thereof by payment  Pay  to the holder of the lien of  the fraction of the total sum secured by the lien that is attributable to the owner’s condominium. separate interest. 
(2) Record a lien release bond, pursuant to Section 8424, in an amount equal to 125 percent of the sum secured by the lien that is attributable to the owner’s separate interest.

SEC. 4.

 Section 6660 is added to the Civil Code, to read:

6660.
 If the association is served with a claim of lien pursuant to Part 6 (commencing with Section 8000) for a work of improvement on a common area, the association shall, within 60 days of service, give individual notice to the members, pursuant to Section 6514.

SEC. 5.

 Section 8119 is added to the Civil Code, to read:

8119.
 (a) With respect to a work of improvement on a common area within a common interest development: (1) The association is deemed to be an agent of the owners of separate interests in the common interest development for all notices and claims required by this part. (2) If any provision of this part requires the delivery or service of a notice or claim to or on the owner of common area property, the notice or claim may be delivered to or served on the association.
(b) For the purposes of this section, the terms “association,” “common area,” “common interest development,” and “separate interest” have the meanings provided in Article 2 (commencing with Section 4075) of Chapter 1 of Part 5 and Article 2 (commencing with Section 6526) of Chapter 1 of Part 5.3.