Agenda Summary – Common Interest Development Committee
Marriott Hotel Monterey, California San Carlos Room I (Mezzanine Level) January 18, 2007 10:00am – 12:00pmPresiding: Steve Delmartini, Chair Rana Linka, Vice Chair Michael Tessaro, Vice Chair Susan Tilling, Committee LiaisonC.A.R. Staff: Ron Kingston Natalie CardenasI. Opening CommentsII. 2007 Proposed Legislation
A. Repairs and improvements to condominium plans – An Assembly Member has expressed interest to re-introduce legislation similar to AB 2851 (DeVore) of 2006. AB 2851 would have allowed amendments to a condominium plan to be approved with less than unanimous vote of the homeowners in order to make necessary repairs and renovations in the common area. B. Condominium Conversions – Assembly Member Lori Saldana introduced two bills last session to effectively stop condominium conversions statewide. This session, Assembly Member Saldana is the new chair of the Assembly Housing and Community Development Committee and has stated she will introduce legislation similar to her condominium conversion bills from last year. Also in 2006, Senator Denise Ducheny introduced a condominium conversion bill that if signed into law, would have created statewide rent control and just cause eviction for residential rental properties during the last 6 months prior to conversion as well as amend the tenant notification requirements for conversions. C.A.R. defeated these measures last year. A similar bill may be introduced this year.
C. Megan’s Law – The California Apartment Association (CAA) and the California Housing Council (CHC) sponsored separate Megan’s Law legislation in 2006 to address the issue of landlord liability as it applies to registered sex offenders living in or applying for tenancy in rental property. CAA’s two Megan’s Law bills were defeated in the Assembly last year. CHC’s legislation was passed by the Legislature but vetoed by the Governor. C.A.A. has indicated it will sponsor legislation in 2007 on Megan’s Law, similar to the bill introduced last year. In October, the C.A.R. Property Management Committee formed a working group to explore the issues surrounding Megan’s Law and landlord liability and potentially develop a new recommended position for C.A.R. The Megan’sLaw working group is scheduled to meet on Wednesday, January 17, 2006 from 10:30am to 12:00pm in the Los Angeles Room at the Marriott Hotel, Monterey.D. Removal of illegally parked cars – Last session, the Governor signed AB 2210 (Goldberg), whichsubstantially altered the process for removal of illegally parked cars in residential rental property. While C.A.R secured several amendments to the bill, one amendment was placed into it during the final days of session which are excessively burdensome and unfair to landlords and property managers. For example, if specific written information about the towed vehicle is not delivered to the tow truck company in a proscribed manner, a landlord will be guilty of a misdemeanor and subject to a fine of $1,000 and penalty of $1,500, even if the failure to make the disclosure was caused by tenant in-action or error. C.A.R. will seek amendments to the new law to remove these provisions.E. Property manager certification sunset extension –The California Association of Community Managers (CACM) will sponsor legislation to eliminate the sunset clause of the property management certification law adopted by the Legislature four years ago. Several amendments are required to assure the lawwill not require real estate licensees to hold a certification if they manage home owner associations.III. Report from Working Group on Occupancy Restrictions in Common Interest Development – The C.I.D. Committee has formed a working group on occupancy restrictions in common interest developments. An Issues Briefing Paper has been prepared for the committee. The findings of the Working Group may result in a request for C.A.R to sponsor or support legislation to address the issues regarding occupancy restrictions and their impacts on sales. The working group will meet on Wednesday, January 17, 2006 from 9:00am to 10:30am in the Los Angeles Room of the Marriott Hotel, Monterey.IV. Report from Working Group on Special Assessment Legal Requirements and Practices – In October, the CID Committee formed a working group to explore whether special assessments in common interest developments cause operational or functional problems for homeowner associations and/or their members. Findings of the working group may result in a request for C.A.R to sponsor or support legislation in 2008 to develop new requirements for home owner associations when approving special assessments and using the funds raised through special assessments. The working group on special assessment procedures will meet on Friday, January 19, 2006 from 11:00am to 12:30am at the Cottonwood Room II - Level Three, Portola Plaza Hotel, Monterey.V. Common Interest Development Consumers Guide Update – The C.A.R. Legal Department has reviewed the draft CID Consumer Guide. The CID committee may want to consider the appropriate disposition of the draft CID Consumer Guide.VI. OtherVII. Adjournment