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AB-1917 Common interest developments.(2017-2018)

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Date Published: 01/23/2018 09:00 PM
AB1917:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1917


Introduced by Assembly Member Steinorth

January 23, 2018


An act to amend Section 4265 of the Civil Code, relating to common interest developments.


LEGISLATIVE COUNSEL'S DIGEST


AB 1917, as introduced, Steinorth. Common interest developments.
The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments. Existing law requires that certain documents be recorded in order to create a common interest development, including a declaration. Existing law provides that a declaration that specifies a termination date, but that contains no provision for extension of the termination date, may be extended by the approval of members, as provided, except that no single extension of the terms of the declaration may exceed the initial term of the declaration or 20 years, whichever is less. Existing law makes related legislative findings.
This bill would prohibit a single extension of the terms of the declaration from exceeding the initial term of the declaration or 25 years, whichever is less. The bill would also make nonsubstantive changes to the legislative findings.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 4265 of the Civil Code is amended to read:

4265.
 (a) The Legislature finds that there are common interest developments that have been created with deed restrictions that do not provide a means for the members to extend the term of the declaration. The Legislature further finds that covenants and restrictions contained in the declaration, declaration are an appropriate method for protecting the common plan of developments and to provide for a mechanism for financial support for the upkeep of common area including, but not limited to, roofs, roads, heating systems, and recreational facilities. If declarations terminate prematurely, common interest developments may deteriorate and the housing supply of affordable units could be impacted adversely. adversely impacted. The Legislature further finds and declares that it is in the public interest to provide a vehicle for extending the term of the declaration if the extension is approved by a majority of all members, pursuant to Section 4065.
(b) A declaration that specifies a termination date, but that contains no provision for extension of the termination date, may be extended, before its termination date, by the approval of members pursuant to Section 4270.
(c) No single extension of the terms of the declaration made pursuant to this section shall exceed the initial term of the declaration or 20 25 years, whichever is less. However, more than one extension may occur pursuant to this section.