Bill Text: CA AB2343 | 2009-2010 | Regular Session | Introduced
Bill Title: Common interest developments.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-22 - Read first time. [AB2343 Detail]
Download: California-2009-AB2343-Introduced.html
BILL NUMBER: AB 2343 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Silva
FEBRUARY 19, 2010
An act to amend Section 1351 of the Civil Code, relating to common
interest developments.
LEGISLATIVE COUNSEL'S DIGEST
AB 2343, as introduced, Silva. Common interest developments.
The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. The acts
defines various terms including, but not limited to, "condominium
plan," "condominium project," "governing documents," and "stock
cooperative" for the purposes of these provisions.
This bill would make technical, nonsubstantive changes to these
provisions.
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 1351 of the Civil Code is amended to read:
1351. As used in this title, the following terms have the
following meanings:
(a) "Association" means a nonprofit corporation or unincorporated
association created for the purpose of managing a common interest
development.
(b) "Common area" means the entire common interest development
except the separate interests therein. The estate in the common area
may be a fee, a life estate, an estate for years, or any combination
of the foregoing. However, the common area for a planned development
specified in paragraph (2) of subdivision (k) may consist of mutual
or reciprocal easement rights appurtenant to the separate interests.
(c) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(d) "Community apartment project" means a development in
which where an undivided interest in land is
coupled with the right of exclusive occupancy of any apartment
located thereon.
(e) "Condominium plan" means a plan consisting of (1) a
description or survey map of a condominium project, which
that shall refer to or show monumentation on the
ground, (2) a three-dimensional description of a condominium
project, one or more dimensions of which that
may extend for an indefinite distance upwards or downwards, in
sufficient detail to identify the common areas and each separate
interest, and (3) a certificate consenting to the recordation of the
condominium plan pursuant to this title signed and acknowledged by
the following:
(A) The record owner of fee title to that property included in the
condominium project.
(B) In the case of a condominium project which
that will terminate upon the termination of an estate for
years, the certificate shall be signed and acknowledged by all
lessors and lessees of the estate for years.
(C) In the case of a condominium project subject to a life estate,
the certificate shall be signed and acknowledged by all life tenants
and remainder interests.
(D) The certificate shall also be signed and acknowledged by
either the trustee or the beneficiary of each recorded deed of trust,
and the mortgagee of each recorded mortgage encumbering the
property.
Owners of mineral rights, easements, rights-of-way, and other
nonpossessory interests do not need to sign the condominium plan.
Further, in the event a conversion to condominiums of a community
apartment project or stock cooperative has been approved by the
required number of owners, trustees, beneficiaries, and mortgagees
pursuant to Section 66452.10 of the Government Code, the certificate
need only be signed by those owners, trustees, beneficiaries, and
mortgagees approving the conversion.
A condominium plan may be amended or revoked by a subsequently
acknowledged recorded instrument executed by all the persons whose
signatures would be required pursuant to this subdivision.
(f) A "condominium project" means a development consisting of
condominiums. A condominium consists of an undivided interest in
common in a portion of real property coupled with a separate interest
in space called a unit, the boundaries of which
that are described on a recorded final map, parcel map, or
condominium plan in sufficient detail to locate all boundaries
thereof. The area within these boundaries may be filled with air,
earth, or water, or any combination thereof, and need not be
physically attached to land except by easements for access and, if
necessary, support. The description of the unit may refer to (1)
boundaries described in the recorded final map, parcel map, or
condominium plan, (2) physical boundaries, either in existence, or to
be constructed, such as walls, floors, and ceilings of a structure
or any portion thereof, (3) an entire structure containing one or
more units, or (4) any combination thereof. The portion or portions
of the real property held in undivided interest may be all of the
real property, except for the separate interests, or may include a
particular three-dimensional portion thereof, the boundaries
of which that are described on a recorded final
map, parcel map, or condominium plan. The area within these
boundaries may be filled with air, earth, or water, or any
combination thereof, and need not be physically attached to land
except by easements for access and, if necessary, support. An
individual condominium within a condominium project may include, in
addition, a separate interest in other portions of the real property.
(g) "Declarant" means the person or group of persons designated in
the declaration as declarant, or if no declarant is designated, the
person or group of persons who sign the original declaration or who
succeed to special rights, preferences, or privileges designated in
the declaration as belonging to the signator of the original
declaration.
(h) "Declaration" means the document, however denominated,
which that contains the information
required by Section 1353.
(i) "Exclusive use common area" means a portion of the common
areas designated by the declaration for the exclusive use of one or
more, but fewer than all, of the owners of the separate interests and
which is or will be appurtenant to the separate
interest or interests.
(1) Unless the declaration otherwise provides, any shutters,
awnings, window boxes, doorsteps, stoops, porches, balconies, patios,
exterior doors, doorframes, and hardware incident thereto, screens
and windows or other fixtures designed to serve a single separate
interest, but located outside the boundaries of the separate
interest, are exclusive use common areas allocated exclusively to
that separate interest.
(2) Notwithstanding the provisions of the declaration, internal
and external telephone wiring designed to serve a single separate
interest, but located outside the boundaries of the separate
interest, are exclusive use common areas allocated exclusively to
that separate interest.
(j) "Governing documents" means the declaration and any other
documents, such as including bylaws,
operating rules of the association, articles of incorporation, or
articles of association, which govern the operation of the common
interest development or association.
(k) "Planned development" means a development (other than a
community apartment project, a condominium project, or a stock
cooperative) having either or both of the following features:
(1) The common area is owned either by an association or in common
by the owners of the separate interests who possess appurtenant
rights to the beneficial use and enjoyment of the common area.
(2) A power exists in the association to enforce an obligation of
an owner of a separate interest with respect to the beneficial use
and enjoyment of the common area by means of an assessment
which that may become a lien upon the separate
interests in accordance with Section 1367 or 1367.1.
( l ) "Separate interest" has the following meanings:
(1) In a community apartment project, "separate interest" means
the exclusive right to occupy an apartment, as specified in
subdivision (d).
(2) In a condominium project, "separate interest" means an
individual unit, as specified in subdivision (f).
(3) In a planned development, "separate interest" means a
separately owned lot, parcel, area, or space.
(4) In a stock cooperative, "separate interest" means the
exclusive right to occupy a portion of the real property, as
specified in subdivision (m).
Unless the declaration or condominium plan, if any exists,
otherwise provides, if walls, floors, or ceilings are designated as
boundaries of a separate interest, the interior surfaces of the
perimeter walls, floors, ceilings, windows, doors, and outlets
located within the separate interest are part of the separate
interest and any other portions of the walls, floors, or ceilings are
part of the common areas.
The estate in a separate interest may be a fee, a life estate, an
estate for years, or any combination of the foregoing.
(m) "Stock cooperative" means a development in which
where a corporation is formed or availed of,
primarily for the purpose of holding title to, either in fee simple
or for a term of years, improved real property, and all or
substantially all of the shareholders of the corporation receive a
right of exclusive occupancy in a portion of the real property
, with the title to which is
held by the corporation. The owners' interest in the
corporation, whether evidenced by a share of stock, a certificate of
membership, or otherwise, shall be deemed to be an interest in a
common interest development and a real estate development for
purposes of subdivision (f) of Section 25100 of the Corporations
Code.
A "stock cooperative" includes a limited equity housing
cooperative which is a stock cooperative that meets the criteria of
Section 817.
