AB 2502 — Homeowners' associations: delinquencies.
Last action — From committee without further action.
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✓Introduced
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2In Committee
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3Passed Assembly
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
The Davis‑Stirling Common Interest Development Act defines and regulates common interest developments and authorizes a homeowners' association that manages the development to levy assessments to fulfill its obligations. The act provides that a regular or special assessment of the association, fees, reasonable costs of collection, attorney's fees, late charges, and interest, as specified, are a debt of the owner of the separate interest at the time the assessment or other sums are levied. Existing law provides that payments made by a homeowner to reduce the debt shall first be applied to the assessments owed, and may only be applied to fees, reasonable costs of collection, attorney's fees, late charges, and interest only after the assessments owed are paid in full. This bill would clarify that the provisions that set forth the order in which payments are to be allocated apply to any agent of the homeowners' association and to any 3rd party assigned to collect payment for purposes of collection of the debt. This bill would provide that a homeowner may not waive the right to have payments allocated in the order specified. This bill would also require the homeowners' association and its agent to accept partial payments of the debt if the partial payments comply with the terms of a written agreement. Existing law requires a homeowners' association, if requested by a homeowner, to meet with the board in special session, within 45 days of the request, to discuss a payment plan. Existing law provides that if there is no special session scheduled within the 45-day period, that the board may designate a committee to meet with the homeowner to discuss a payment plan within that time period. This bill would only allow the board to designate a committee to meet with the homeowner if the homeowner authorizes the designation of that committee, and, if the homeowner does not authorize the designation of the committee, would require the meeting to discuss a payment plan to take place at the next regularly scheduled board meeting. This bill would authorize either an owner or the association to have counsel present at the meeting, subject to the requirement that the other party is notified of the counsel's presence at least 48 hours prior to the scheduled meeting. If there are minutes of an executive meeting concerning the payment plan, this bill would authorize the owner to request a copy of the portion of those minutes that relate to the payment plan. This bill would require all payment plans to be made in writing and would require that a copy of an executed contract for a payment plan be sent to the owner within 7 days following the execution of the contract. This bill would also provide that, if the association contracts with an agent to collect payments made by the owner, that agent would be subject to the provisions of the act.
Bill Text
- Amended 05/10/10 - Amended Assembly Current pdf May 10, 2010
- Amended 04/27/10 - Amended Assembly pdf April 27, 2010
- Amended 04/05/10 - Amended Assembly pdf April 05, 2010
- Introduced 02/19/10 - Introduced pdf February 19, 2010
- AB2502 View text html
Action History
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From committee without further action.
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Re-referred to Com. on JUD.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.
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In committee: Set, first hearing. Hearing canceled at the request of author.
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From committee: Do pass, and re-refer to Com. on JUD. Re-referred. (Ayes 6. Noes 3.) (April 28).
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Re-referred to Com. on H. & C.D.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
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Re-referred to Com. on H. & C.D.
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From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.
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Referred to Coms. on H. & C.D. and JUD.
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Read first time.
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From printer. May be heard in committee March 23.
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Introduced. To print.
Sponsors
- Brownley · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 121 not signed on
Sponsors (1)
- Brownley
Co-sponsors (0)
None.
Not signed on (121)
121 members have not signed on to this bill.
Show all 121 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 1 | 0 | 0 | 0 |
| Unaffiliated | 5 | 3 | 0 | 0 |
| Total | 6 | 3 | 0 | 0 |
| % of votes cast | 67% | 33% | 0% | 0% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Saldana | — | Yea |
| Torlakson | — | Yea |
| Tran | — | Nay |
| Bradford | — | Yea |
| Knight | — | Nay |
| Torres | — | Yea |
| Eng | — | Yea |
| Gilmore | — | Nay |
| Arambula, Joaquin | Democratic | Yea |
Subjects
Frequently asked questions
- What does AB 2502 do?
- The Davis‑Stirling Common Interest Development Act defines and regulates common interest developments and authorizes a homeowners' association that manages the development to levy assessments to fulfill its obligations. The act provides that a regular or special assessment of the association, fees, reasonable costs of collection, attorney's fees, late charges, and interest, as specified, are a debt of the owner of the separate interest at the time the assessment or other sums are levied. Existing law provides that payments made by a homeowner to reduce the debt shall first be applied to the assessments owed, and may only be applied to fees, reasonable costs of collection, attorney's fees, late charges, and interest only after the assessments owed are paid in full. This bill would clarify that the provisions that set forth the order in which payments are to be allocated apply to any agent of the homeowners' association and to any 3rd party assigned to collect payment for purposes of collection of the debt. This bill would provide that a homeowner may not waive the right to have payments allocated in the order specified. This bill would also require the homeowners' association and its agent to accept partial payments of the debt if the partial payments comply with the terms of a written agreement. Existing law requires a homeowners' association, if requested by a homeowner, to meet with the board in special session, within 45 days of the request, to discuss a payment plan. Existing law provides that if there is no special session scheduled within the 45-day period, that the board may designate a committee to meet with the homeowner to discuss a payment plan within that time period. This bill would only allow the board to designate a committee to meet with the homeowner if the homeowner authorizes the designation of that committee, and, if the homeowner does not authorize the designation of the committee, would require the meeting to discuss a payment plan to take place at the next regularly scheduled board meeting. This bill would authorize either an owner or the association to have counsel present at the meeting, subject to the requirement that the other party is notified of the counsel's presence at least 48 hours prior to the scheduled meeting. If there are minutes of an executive meeting concerning the payment plan, this bill would authorize the owner to request a copy of the portion of those minutes that relate to the payment plan. This bill would require all payment plans to be made in writing and would require that a copy of an executed contract for a payment plan be sent to the owner within 7 days following the execution of the contract. This bill would also provide that, if the association contracts with an agent to collect payments made by the owner, that agent would be subject to the provisions of the act.
- Who sponsors AB 2502?
- AB 2502 is sponsored by Brownley.
- What is the current status of AB 2502?
- This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track AB 2502?
- Track AB 2502 free on One Click Politics — get push/email alerts when it moves.
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