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AB-1955 Common interest developments: assessments.(2007-2008)

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Enrolled  September 11, 2008
Passed  IN  Senate  August 30, 2008
Passed  IN  Assembly  August 31, 2008
Amended  IN  Senate  August 22, 2008
Amended  IN  Senate  August 14, 2008
Amended  IN  Senate  June 18, 2008
Amended  IN  Assembly  April 03, 2008

CALIFORNIA LEGISLATURE— 2007–2008 REGULAR SESSION

Assembly Bill
No. 1955

Introduced  by  Assembly Member Plescia
 (Principal Coauthor(s): Senator Wyland)

February 13, 2008

An act to add Section 1366.4 to the Civil Code, relating to common interest developments, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 1955, Plescia. Common interest developments: assessments.
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments and authorizes the association that manages the development to levy assessments to fulfill its obligations. The act establishes limits on the percentage by which an association may increase regular and special assessments based on the amounts of those assessments in the preceding fiscal year.
This bill would prohibit an association from levying assessments on separate interests within the common interest development based on the taxable value of the separate interests unless the association, on or before December 31, 2008, in accordance with its declaration, levied assessments on those separate interests based on their taxable value, as determined by the tax assessor of the county in which the separate interests are located.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 1366.4 is added to the Civil Code, to read:

1366.4.
 Notwithstanding any provision of this title or the governing documents to the contrary, an association shall not levy assessments on separate interests within the common interest development based on the taxable value of the separate interests unless the association, on or before December 31, 2008, in accordance with its declaration, levied assessments on those separate interests based on their taxable value, as determined by the tax assessor of the county in which the separate interests are located.

SEC. 2.

 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 Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to end protracted and repetitious litigation on the issue addressed by this act, it is necessary that this act take effect immediately.