California 2013-2014 Regular Session Status: Enacted

AB 1738 — Common interest developments: dispute resolution.

Last action — Chaptered by Secretary of State - Chapter 411, Statutes of 2014.

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  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 14, 2014. 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 6 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 defines a common interest development and requires it to be managed by an association. The act requires an association to provide a fair, reasonable, and expeditious procedure for resolving a dispute between an association and a member involving their rights, duties, or liabilities under the act, the Nonprofit Mutual Benefit Corporation Law, or the association's governing documents. The act authorizes an association to develop its own procedure for these purposes and requires this procedure to satisfy specified minimum standards, including, among others, that a resolution of a dispute, pursuant to the procedure, binds the association and is judicially enforceable, and that an agreement, pursuant to the procedure, binds the parties and is judicially enforceable, as specified. The act also requires that the procedure provide a means by which the member and the association may explain their positions. This bill would additionally require the resolution or agreement under an association's procedure for resolving these disputes between an association and a member to be in writing and signed by both parties. The bill would authorize a member and an association to be assisted by an attorney or another person in explaining their positions at their own cost. The act also establishes an alternative procedure applicable to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure as described above. Under these provisions a procedure that, among other things, authorizes either party to request, in writing, the other party to meet and confer, prohibits the association from refusing a request to meet and confer, and requires the parties to meet and confer in good faith in an effort to resolve the dispute, is deemed a fair, reasonable, and expeditious dispute resolution procedure. The act provides that an agreement reached under this procedure binds the parties and is judicially enforceable if specified conditions are satisfied. This bill would additionally require the alternative procedure to provide either party the right to have an attorney or another person participate when meeting and conferring provided at their own cost. The bill would require an agreement reached under the alternative procedure that binds the parties and is judicially enforceable to be in writing and signed by both parties, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 411, Statutes of 2014.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0. Page 6108.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 34. Noes 0. Page 4498.).

  7. Read second time. Ordered to third reading.

  8. Read third time and amended. Ordered to second reading.

  9. Read second time and amended. Ordered to third reading.

  10. From committee: Do pass as amended. (Ayes 7. Noes 0.) (June 10).

  11. Referred to Com. on JUD.

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

  13. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 4946.)

  14. Read second time. Ordered to third reading.

  15. From committee: Do pass. (Ayes 10. Noes 0.) (May 6).

  16. Re-referred to Com. on JUD.

  17. Read second time and amended.

  18. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 30).

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

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

  21. In committee: Set, first hearing. Further hearing to be set.

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

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

  24. Read first time. To print.

Sponsors

  • Chau · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Chau

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 1738 CHAU Concurrence in Senate Amendments

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70002
Democratic 4000
Republican 3000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Levine — Yea
Linder — Yea
Nazarian — Yea
Pan — Yea
Quirk — Yea
Ridley-Thomas — Yea
Weber — Yea
Wieckowski — Yea
Hagman — Yea
Harkey — Yea
Jones-Sawyer — Yea
Logue — Yea
Gray — Yea
Maienschein — Yea
Medina — Yea
Bocanegra — Yea
John A. Pérez — Yea
Chau — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Dababneh — Yea
Eggman — Yea
Melendez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Rendon — Yea
Atkins — Yea
Fong — Yea
Skinner — Yea
Waldron — Yea
Donnelly — Not Voting
Gomez — Not Voting
Nestande — Yea
Perea — Yea
Williams — Yea
Campos — Yea
Fox — Yea
Ammiano — Yea
Daly — Yea
Gordon — Yea
Allen — Yea
Mansoor — Yea
Bonilla — Yea
Mullin — Yea
Olsen — Yea
Rodriguez — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Dickinson — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Gorell — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading AB1738 Chau By Jackson

Passed 34 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2001
Total 34006
% of votes cast 85%0%0%15%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hernandez — Yea
Leno — Yea
Monning — Yea
Steinberg — Yea
Wright — Not Voting
Wyland — Yea
Cannella — Yea
Mitchell — Yea
De León — Yea
Galgiani — Yea
Hancock — Not Voting
Hill — Yea
Block — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Morrell — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Vidak — Yea
Walters — Not Voting
Wolk — Yea
Corbett — Yea
Correa — Not Voting
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Yee — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Not Voting
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Lara — Yea
Corbett — Yea
Leno — Yea
Monning — Yea
Vidak — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 1738 CHAU Assembly Third Reading

Passed 77 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70002
Democratic 4000
Republican 3000
Total 77002
% of votes cast 97%0%0%3%
How each member voted (79)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Logue — Yea
Mansoor — Not Voting
Olsen — Yea
Ridley-Thomas — Yea
Skinner — Yea
Wagner — Yea
Waldron — Yea
Wilk — Yea
Campos — Yea
Frazier — Yea
Gomez — Yea
Gordon — Yea
Gorell — Yea
Chau — Yea
Hagman — Yea
Hall — Yea
Harkey — Yea
Chávez — Yea
Allen — Yea
Conway — Yea
Bonilla — Yea
Medina — Yea
Gray — Yea
Mullin — Yea
Nazarian — Yea
Alejo — Yea
Cooley — Yea
Daly — Yea
Dickinson — Yea
Eggman — Yea
Pan — Yea
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Ting — Yea
Weber — Yea
Wieckowski — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Gatto — Yea
Atkins — Yea
Fong — Yea
Levine — Yea
Chesbro — Yea
Dababneh — Yea
Maienschein — Yea
Bigelow — Yea
Donnelly — Not Voting
Melendez — Yea
Nestande — Yea
Perea — Yea
Williams — Yea
Fox — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Democratic 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Wagner — Yea
Chau — Yea
Garcia — Yea
Dickinson — Yea
Maienschein — Yea
Wieckowski — Yea
Gorell — Yea
Mark Stone — Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Subjects

public-safety housing civil-rights
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Frequently asked questions

What does AB 1738 do?
The Davis-Stirling Common Interest Development Act defines a common interest development and requires it to be managed by an association. The act requires an association to provide a fair, reasonable, and expeditious procedure for resolving a dispute between an association and a member involving their rights, duties, or liabilities under the act, the Nonprofit Mutual Benefit Corporation Law, or the association's governing documents. The act authorizes an association to develop its own procedure for these purposes and requires this procedure to satisfy specified minimum standards, including, among others, that a resolution of a dispute, pursuant to the procedure, binds the association and is judicially enforceable, and that an agreement, pursuant to the procedure, binds the parties and is judicially enforceable, as specified. The act also requires that the procedure provide a means by which the member and the association may explain their positions. This bill would additionally require the resolution or agreement under an association's procedure for resolving these disputes between an association and a member to be in writing and signed by both parties. The bill would authorize a member and an association to be assisted by an attorney or another person in explaining their positions at their own cost. The act also establishes an alternative procedure applicable to an association that does not otherwise provide a fair, reasonable, and expeditious dispute resolution procedure as described above. Under these provisions a procedure that, among other things, authorizes either party to request, in writing, the other party to meet and confer, prohibits the association from refusing a request to meet and confer, and requires the parties to meet and confer in good faith in an effort to resolve the dispute, is deemed a fair, reasonable, and expeditious dispute resolution procedure. The act provides that an agreement reached under this procedure binds the parties and is judicially enforceable if specified conditions are satisfied. This bill would additionally require the alternative procedure to provide either party the right to have an attorney or another person participate when meeting and conferring provided at their own cost. The bill would require an agreement reached under the alternative procedure that binds the parties and is judicially enforceable to be in writing and signed by both parties, as specified.
Who sponsors AB 1738?
AB 1738 is sponsored by Chau.
What is the current status of AB 1738?
This bill has been enacted into law. Introduced February 14, 2014. Enacted.
Where can I track AB 1738?
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Last checked for changes 3 months ago · updated continuously

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