Bill Text: CA AB126 | 2013-2014 | Regular Session | Amended
Bill Title: Time shares: management and governance.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB126 Detail]
Download: California-2013-AB126-Amended.html
BILL NUMBER: AB 126 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2013
INTRODUCED BY Assembly Member Hall
JANUARY 14, 2013
An act to amend Section 11273 of the Business and Professions
Code, relating to real estate.
LEGISLATIVE COUNSEL'S DIGEST
AB 126, as amended, Hall. Time shares: management and governance.
The Vacation Ownership and Time-share Act of 2004 requires a
time-share association to maintain among its records a complete list
of the names and addresses of all owners of time-share interests in
the time-share plan. The list is required to be updated at least
every 6 months. Existing law prohibits the association from
publishing the list or providing a copy of it to any time-share
interest owner or to any 3rd party, or using or selling the list for
commercial purposes, unless otherwise provided in the time-share
instruments.
This bill would instead require the time-share association to
maintain a complete list of the names and postal addresses of all
owners of time-share interests in the time-share plan and to update
the list at least every 12 months. The bill would revise
provisions applicable to release of the list, by deleting authority
for the time-share instruments to provide for its release, and
instead requiring the association to obtain an owner's consent to the
sharing of their contact information in accordance with specified
existing law. This bill would require that contact information for
owners who do not consent to be shared in a designated manner in
response to a member's demand, but not to be provided directly to a
member as specified under an existing provision.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11273 of the Business and Professions Code is
amended to read:
11273. (a) The books of account, minutes of members and governing
body meetings, and all other records of the time-share plan
maintained by the association or the managing entity shall be made
available for inspection and copying by any member, or by his or her
duly appointed representative, at any reasonable time for a purpose
reasonably related to membership in the association.
(b) The records shall be made available for inspection at the
office where the records are maintained. Upon receipt of an
authenticated written request from a member along with the fee
prescribed by the governing body to defray the costs of reproduction,
the managing entity or other custodian of records of the association
or the time-share plan shall prepare and transmit to the member a
copy of any and all records requested.
(c) The governing body shall establish reasonable rules with
respect to all of the following:
(1) Notice to be given to the managing entity or other custodian
of the records by the member desiring to make the inspection or to
obtain copies.
(2) Hours and days of the week when a personal inspection of the
records may be made.
(3) Payment of the cost of reproducing copies of records requested
by a member.
(d) Every governing body member shall have the absolute right at
any time to inspect all books, records, and documents of the
association and all real and personal properties owned and controlled
by the association.
(e) The association shall maintain among its records a complete
list of the names and postal addresses of all owners of time-share
interests in the time-share plan. The association shall update this
list no less frequently than every 12 months. Unless otherwise
provided in the time-share instruments this
section , the association may not publish this owner's list or
provide a copy of it to any time-share interest owner or to any third
party , or use or sell the list for commercial purposes.
(f) For a time-share association that is nonprofit mutual benefit
corporation, the association shall provide owners with the
opportunity to give written consent to the release of contact
information when members seek the release of this information under
Section 8330 of the Corporations Code. Upon a member's request, the
association shall release the contact information, as provided in
paragraphs (1) and (2) of subdivision (a) of Section 8330 of the
Corporations Code.
(1) Contact information for those owners who provide consent may
be shared as prescribed in paragraphs (1) and (2) of subdivision (a)
of Section 8330 of the Corporations Code.
(2) Contact information for those owners who do not provide
consent may not be shared with a member, and the association shall
use an alternative method, as prescribed in subdivision (c) of
Section 8330 of the Corporations Code, that reasonably and in a
timely manner accomplishes the proper purpose set forth in a demand.
(f)
(g) For single site time-share plans and component
sites of a multisite time-share plan located outside of the state,
the association shall be subject to the provisions set forth in this
section. The association must be in compliance with the applicable
laws of the state or jurisdiction in which the time-share property or
component site is located, and if a conflict exists between laws of
the situs state and the requirements set forth in this section, the
law of the situs state shall control. If the association and the
time-share instruments provide for the matters contained in this
section, the association shall be deemed to be in compliance with the
requirements of this section and neither the developer nor the
association shall be required to make revisions to the time-share
instruments in order to comply with the section.
