California 2011-2012 Regular Session Status: Enacted

AB 771 — Common interest developments: requests for documents: fees.

Last action — Chaptered by Secretary of State - Chapter 206, Statutes of 2011.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2011. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 7 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The Davis-Stirling Common Interest Development Act requires an owner of a separate interest in a common interest development to provide specified documents to a prospective purchaser of that interest. Existing law requires a homeowners' association to provide these documents to the owner of the separate interest within 10 days of the mailing or delivery of the request, and limits the amount of fees charged for the provision of the documents to the association's actual costs to procure, prepare, and reproduce the requested documents. This bill would require that the seller also provide a copy of specified minutes of the meetings of the association's board of directors, if requested by the prospective purchaser. This bill would also require an association to provide to the seller a written or electronic estimate of the fees that will be assessed to provide the specified documents. The bill would permit the association to collect a reasonable fee based on the association's actual cost for procuring, preparing, reproducing, and delivering the requested documents and would prohibit charging additional fees for electronic delivery of documents. The bill would permit the association to contract with any person or entity to provide the documents on behalf of the association. The bill would require the owner of a separate interest to also provide a form for billing disclosures, as specified, to a prospective purchaser, and would also require the association to provide this form to a recipient authorized by the owner of the separate interest. This bill would incorporate additional changes to Section 1368 of the Civil Code proposed by SB 150 that would become operative only if both this bill and SB 150 are chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 206, Statutes of 2011.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10:30 a.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 2385.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 12 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 1865.).

  7. Read second time and amended. Ordered to consent calendar.

  8. From committee: Do pass as amended. To consent calendar. (Ayes 5. Noes 0.) (July 5).

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 28). Re-referred to Com. on JUD.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  11. In committee: Set, first hearing. Hearing canceled at the request of author.

  12. Referred to Coms. on T. & H. and JUD.

  13. In Senate. Read first time. To Com. on RLS. for assignment.

  14. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1552.)

  15. Read third time and amended. Ordered to third reading. (Page 1498.)

  16. Read second time. Ordered to third reading.

  17. Read second time and amended. Ordered to second reading.

  18. From committee: Do pass as amended. (Ayes 9. Noes 0.) (May 3).

  19. From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 27). Re-referred to Com. on JUD.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  21. Re-referred to Com. on H. & C.D.

  22. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  23. Referred to Coms. on H. & C.D. and JUD.

  24. From printer. May be heard in committee March 20.

  25. Read first time. To print.

Sponsors

  • Butler · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Butler

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 771 BUTLER Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 74003
Democratic 1000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Butler — Yea
Feuer — Yea
Furutani — Yea
Gatto — Yea
Yamada — Yea
Gordon — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Yea
Hall — Yea
Atkins — Yea
Hayashi — Yea
Campos — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Carter — Yea
Portantino — Yea
Jeffries — Yea
Lara — Yea
Cedillo — Yea
Allen — Yea
Logue — Yea
Mendoza — Yea
Fong — Yea
Ammiano — Yea
Bradford — Yea
Chesbro — Yea
Davis — Yea
Donnelly — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Olsen — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Williams — Yea
Fletcher — Yea
Bonilla — Not Voting
Fuentes — Yea
Galgiani — Yea
Gorell — Not Voting
Monning — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Blumenfield — Not Voting
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Pan — Yea
Perea — Yea
Solorio — Yea
Valadao — Yea
Wagner — Yea
Conway — Yea
Cook — Yea
Eng — Yea
Dickinson — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Consent Calendar 2nd

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Republican 1000
Democratic 2000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Wyland — Yea
Huff — Yea
Lieu — Yea
Yee — Yea
Runner — Yea
Lowenthal — Yea
De León — Yea
Negrete McLeod — Yea
Evans — Yea
Rubio — Yea
Fuller — Yea
Cannella — Yea
Hancock — Yea
Hernandez — Yea
Kehoe — Yea
Anderson — Yea
Blakeslee — Yea
Corbett — Yea
Dutton — Yea
Leno — Yea
Pavley — Not Voting
Simitian — Yea
Vargas — Yea
Wolk — Not Voting
Alquist — Yea
Harman — Not Voting
Liu — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

AB 771 BUTLER Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 74003
Republican 1001
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Not Voting
Halderman — Yea
Feuer — Yea
Butler — Yea
Carter — Yea
Hill — Yea
Logue — Yea
Fong — Yea
Allen — Yea
Conway — Yea
Cook — Yea
Olsen — Yea
Williams — Yea
Fuentes — Yea
Gatto — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hagman — Yea
Harkey — Yea
Huffman — Yea
Ma — Yea
Perea — Yea
Smyth — Yea
Swanson — Yea
Valadao — Yea
Fletcher — Yea
Yamada — Yea
Galgiani — Yea
Bonilla — Yea
Atkins — Yea
Hall — Yea
Campos — Yea
Hayashi — Yea
Hueso — Yea
Jeffries — Yea
Lara — Yea
Miller — Yea
Monning — Yea
Cedillo — Not Voting
Chesbro — Yea
Davis — Not Voting
Dickinson — Yea
Donnelly — Yea
Nestande — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Wieckowski — Yea
Achadjian — Yea
Alejo — Yea
Ammiano — Yea
Beall — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Huber — Yea
Knight — Yea
Mansoor — Yea
Mendoza — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Torres — Yea
Wagner — Yea
Eng — Yea
Furutani — Yea
Garrick — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Not Voting

Official roll call →

Do pass as amended.

Passed 9 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 8001
Republican 1000
Total 9001
% of votes cast 90%0%0%10%
How each member voted (10)
Member Party Vote
Gorell — Not Voting
Feuer — Yea
Huber — Yea
Atkins — Yea
Wagner — Yea
Huffman — Yea
Monning — Yea
Wieckowski — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

housing civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 771 do?
The Davis-Stirling Common Interest Development Act requires an owner of a separate interest in a common interest development to provide specified documents to a prospective purchaser of that interest. Existing law requires a homeowners' association to provide these documents to the owner of the separate interest within 10 days of the mailing or delivery of the request, and limits the amount of fees charged for the provision of the documents to the association's actual costs to procure, prepare, and reproduce the requested documents. This bill would require that the seller also provide a copy of specified minutes of the meetings of the association's board of directors, if requested by the prospective purchaser. This bill would also require an association to provide to the seller a written or electronic estimate of the fees that will be assessed to provide the specified documents. The bill would permit the association to collect a reasonable fee based on the association's actual cost for procuring, preparing, reproducing, and delivering the requested documents and would prohibit charging additional fees for electronic delivery of documents. The bill would permit the association to contract with any person or entity to provide the documents on behalf of the association. The bill would require the owner of a separate interest to also provide a form for billing disclosures, as specified, to a prospective purchaser, and would also require the association to provide this form to a recipient authorized by the owner of the separate interest. This bill would incorporate additional changes to Section 1368 of the Civil Code proposed by SB 150 that would become operative only if both this bill and SB 150 are chaptered and become effective on or before January 1, 2012, and this bill is chaptered last.
Who sponsors AB 771?
AB 771 is sponsored by Butler.
What is the current status of AB 771?
This bill has been enacted into law. Introduced February 17, 2011. Enacted.
Where can I track AB 771?
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