Bill Text: CA AB3182 | 2019-2020 | Regular Session | Amended

California Assembly Bill 3182 (Prior Session Legislation)

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

Bill Title: Housing:governing documents: rental or leasing of separate interests: accessory dwelling units.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2020-09-28 - Chaptered by Secretary of State - Chapter 198, Statutes of 2020. [AB3182 Detail]

Download: California-2019-AB3182-Amended.html

Amended IN Assembly May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill

No. 3182

Introduced by Assembly Member Ting

February 21, 2020

An act to amend Section ~~13913 of the Welfare and Institutions Code, relating to human services.~~ 4740 of the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL'S DIGEST

AB 3182, as amended, Ting. ~~Out-of-home care.~~ Common interest developments: governing documents: rental or leasing of separate interests.

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Existing law provides that an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that prohibits the rental or leasing of any separate interest in that common interest development to renter, lessee, or tenant unless that governing document, or amendment thereto, was effective before the date the owner acquired title to the owner’s separate interest. Existing law permits an owner of a separate interest of a common interest development, despite the above provision, to expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant. Existing law specifies that an owner’s right to rent or lease the separate interest shall not be deemed to have terminated if the transfer meets one of specified conditions, including that the transfer is exempt for purposes of reassessment by the county tax assessor. Existing law makes these provisions applicable only to a provision in a governing document or a provision in an amendment to a governing document that became effective on or after January 1, 2012.
This bill would revise these provisions to instead make void and unenforceable any governing document that purports to prohibit the rental or leasing of any of the separate interests in a common interest development. The bill would also provide that an owner of a separate interest in a common interest development is not subject to a provision in a governing document or an amendment to a governing document that effectively prohibits or unreasonably restricts the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or tenant.
Existing law establishes a program to provide out-of-home care to recipients of public assistance for whom care in the recipient’s own home is impractical. Existing law requires the Director of Social Services to submit an annual report to the Legislature by March 1 each year setting forth pertinent facts on the operation of the program and its significance in relation to the out-of-home care services of the Medi-Cal program.
~~This bill would instead require the above-described report to be submitted to the Legislature by June 30 of each year.~~

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

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

SECTION 1.

Section 4740 of the Civil Code is amended to read:

4740.

(a) An Any governing document that purports to prohibit the rental or leasing of any of the separate interests in a common interest development to a renter, lessee, or tenant is void and unenforceable.

(b) An owner of a separate interest in a common interest development shall not be subject to a provision in a governing document or an amendment to a governing document that either effectively prohibits or unreasonably restricts the rental or leasing of any of the separate interests in that common interest development to a renter, lessee, or ~~tenant unless that governing document, or amendment thereto, was effective prior to the date the owner acquired title to his or her separate interest.~~ tenant.

(b)Notwithstanding the provisions of this section, an owner of a separate interest in a common interest development may expressly consent to be subject to a governing document or an amendment to a governing document that prohibits the rental or leasing of any of the separate interests in the common interest development to a renter, lessee, or tenant.
(c) For purposes of this section, the right to rent or lease the separate interest of an owner shall not be deemed to have terminated if the transfer by the owner of all or part of the separate interest meets at least one of the following conditions:
~~(1)Pursuant to Section 62 or 480.3 of the Revenue and Taxation Code, the transfer is exempt, for purposes of reassessment by the county tax assessor.~~
(2)Pursuant to subdivision (b) of, solely with respect to probate transfers, or subdivision (e), (f), or (g) of, Section 1102.2, the transfer is exempt from the requirements to prepare and deliver a Real Estate Transfer Disclosure Statement, as set forth in Section 1102.6.
~~(d)~~

(c) Prior to renting or leasing ~~his or her~~ a separate interest as provided by this section, an owner shall provide the association verification of the date the owner acquired title to the separate interest and the name and contact information of the prospective tenant or lessee or the prospective tenant’s or lessee’s representative.

~~(e)Nothing in this~~

(d) This section shall not be deemed to revise, alter, or otherwise affect the voting process by which a common interest development adopts or amends its governing documents.

~~(f)This section shall apply only to a provision in a governing document or a provision in an amendment to a governing document that becomes effective on or after January 1, 2012.~~

SECTION 1.Section 13913 of the Welfare and Institutions Code is amended to read:
13913.
The director shall submit an annual report to the Legislature by June 30 of each year setting forth pertinent facts on the operation of the program established by this chapter and its significance in relation to the out-of-home care services of the Medi-Cal program.