Bill Text: CA AB2430 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Transfer disclosures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-23 - Chaptered by Secretary of State - Chapter 185, Statutes of 2014. [AB2430 Detail]

Download: California-2013-AB2430-Introduced.html

---

BILL NUMBER: AB 2430	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 21, 2014

   An act to amend Section 4530 of the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2430, as introduced, Maienschein. Transfer disclosures.
   The Davis-Stirling Common Interest Development Act requires an
association, upon written request, to provide the owner of a separate
interest, or a recipient authorized by the owner, with a copy of
specific documents relating to transfer disclosures that the owner is
required to make to a prospective purchaser of the owner's separate
interest. That act authorizes the association to collect a reasonable
cost for delivery of those documents but prohibits any additional
fees for electronic delivery.
   This bill would make technical, nonsubstantive changes to this
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 4530 of the Civil Code is amended to read:
   4530.  (a) (1) Upon written request, the association shall, within
10 days of the mailing or delivery of the request, provide the owner
of a separate interest, or any other recipient authorized by the
owner, with a copy of  all of  the requested documents
specified in Section 4525.
   (2) The documents required to be made available pursuant to this
section may be maintained in electronic form, and may be posted on
the association's Internet Web site. Requesting parties shall have
the option of receiving the documents by electronic transmission if
the association maintains the documents in electronic form.
   (3) Delivery of the documents required by this section shall not
be withheld for any reason nor subject to any condition except the
payment of the fee authorized pursuant to subdivision (b).
   (b) (1) The association may collect a reasonable fee based upon
the association's actual cost for the procurement, preparation,
reproduction, and delivery of the documents requested pursuant to
this section.  Additional fees shall not be charged by the
  The  association  shall not charge additional
fees  for the electronic delivery of the documents requested.
   (2) Upon receipt of a written request, the association shall
provide, on the form described in Section 4528, a written or
electronic estimate of the fees that will be assessed for providing
the requested documents.
   (3) (A) A cancellation fee for documents specified in subdivision
(a) shall not be collected if either of the following applies:
   (i) The request was canceled in writing by the same party that
placed the order and work had not yet been performed on the order.
   (ii) The request was canceled in writing and any work that had
been performed on the order was compensated.
   (B) The association shall refund all fees collected pursuant to
paragraph (1) if the request was canceled in writing and work had not
yet been performed on the order.
   (C) If the request was canceled in writing, the association shall
refund the share of fees collected pursuant to paragraph (1) that
represents the portion of the work not performed on the order.
   (4) Fees for any documents required by this section shall be
distinguished from other fees, fines, or assessments billed as part
of the transfer or sales transaction.
   (c) An association may contract with any person or entity to
facilitate compliance with this section on behalf of the association.

   (d) The association shall also provide a recipient authorized by
the owner of a separate interest with a copy of the completed form
specified in Section 4528 at the time the required documents are
delivered.