California 2017-2018 Regular Session Status: Enacted 1 R cosponsors

AB 534 — Common interest developments: mechanics liens.

Last action — Chaptered by Secretary of State - Chapter 44, Statutes of 2017.

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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 13, 2017. Enacted.

Prognosis

Likely to advance 72% · 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.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 4 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 California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium. This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs. Existing law authorizes the owner of a condominium to remove that owner's condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owner's condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond. This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owner's separate interest or recording a lien release bond, as specified. This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 44, Statutes of 2017.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. In Assembly. Ordered to Engrossing and Enrolling.

  5. Read third time. Passed. Ordered to the Assembly. (Ayes 33. Noes 0. Page 1612.).

  6. Read second time. Ordered to Consent Calendar.

  7. From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 13).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1270.)

  11. Read second time. Ordered to Consent Calendar.

  12. Read second time and amended. Ordered returned to second reading.

  13. From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 11. Noes 0.) (April 18).

  14. Re-referred to Com. on JUD.

  15. Read second time and amended.

  16. From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (April 5).

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

  18. From printer. May be heard in committee March 16.

  19. Read first time. To print.

Sponsors

Sponsorship breakdown

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

Sponsors (1)

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

Consent Calendar 2nd AB534

Passed 33 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29006
Democratic 4001
Total 33007
% of votes cast 83%0%0%18%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bradford — Yea
Hertzberg — Yea
Lara — Yea
Mendoza — Yea
Morrell — Yea
Newman — Yea
Skinner — Not Voting
Wieckowski — Yea
Galgiani — Yea
Atkins — Yea
Cannella — Not Voting
Mitchell — Yea
Allen — Yea
De León — Yea
Portantino — Yea
Hernandez — Not Voting
Hill — Yea
Hueso — Yea
Leyva — Yea
Bates — Yea
Beall — Yea
Dodd — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Vidak — Yea
Wilk — Not Voting
Fuller — Yea
Glazer — Yea
Beth Gaines — Not Voting
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Not Voting
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

AB 534 GALLAGHER Consent Calendar Second Day

Passed 75 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 54003
Democratic 14002
Republican 7000
Total 75005
% of votes cast 94%0%0%6%
How each member voted (80)
Member Party Vote
Acosta — Yea
Baker — Yea
Bigelow — Yea
Bloom — Yea
Brough — Yea
Levine — Yea
Low — Yea
Mathis — Yea
Obernolte — Yea
O'Donnell — Yea
Quirk — Yea
Rodriguez — Yea
Santiago — Not Voting
Ting — Yea
Weber — Yea
Eggman — Yea
Daly — Yea
Gray — Yea
Frazier — Yea
Gloria — Yea
Mayes — Yea
Gonzalez Fletcher — Yea
Medina — Yea
Chau — Yea
Salas — Yea
Melendez — Yea
Mullin — Yea
Chu — Yea
Nazarian — Yea
Thurmond — Yea
Voepel — Yea
Wood — Yea
Bocanegra — Yea
Rubio — Yea
Burke — Yea
Gomez — Not Voting
Harper — Yea
Holden — Yea
Jones-Sawyer — Yea
Kiley — Yea
Maienschein — Yea
McCarty — Yea
Chiu — Yea
Chávez — Yea
Cooley — Not Voting
Cooper — Yea
Rendon — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Cunningham — Yea
Dababneh — Yea
Friedman — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Travis Allen — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Cervantes, Sabrina Democratic Not Voting
Fong, Mike Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Subjects

housing
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 534 do?
The California Constitution establishes a lien upon the property upon which mechanics, persons furnishing materials, artisans, and laborers of every class have bestowed labor or furnished material for the value of the labor done and materials furnished. The Legislature is required to provide for the speedy and efficient enforcement of these liens. The Davis-Sterling Common Interest Development Act and the Commercial and Industrial Common Interest Development Act provide for the creation and regulation of common interest developments. These acts define a common interest development to include a condominium project, planned development, and stock cooperative. The acts also define, for purposes of the acts, a separate interest in a condominium project, planned development, and stock cooperative. These acts prohibit, in a condominium project, a mechanics lien from being filed against any other property of an owner in the condominium project unless that owner has expressly consented to or requested the performance of the labor or furnishing of the materials or services, except in the case of emergency repairs to the condominium. This bill would instead prohibit, in a common interest development, a mechanics lien from being filed against another owner in the common interest development unless that consent was provided or that request was made, except in the case of emergency repairs. Existing law authorizes the owner of a condominium to remove that owner's condominium from a lien filed against 2 or more condominiums or any part thereof by payment to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owner's condominium. Existing law also provides that an owner of real property or an owner of any interest in real property subject to a recorded claim of lien, or a direct contractor or subcontractor affected by the claim of lien, that disputes the correctness or validity of the claim may obtain release of the real property from the claim of lien by recording a lien release bond. This bill would authorize the owner of a separate interest in a common interest development to remove the separate interest from a lien against 2 or more separate interests by either paying to the holder of the lien the fraction of the total sum secured by lien that is attributable to the owner's separate interest or recording a lien release bond, as specified. This bill would also deem the governing association of a common interest development to be an agent of the owners of separate interests in the common interest development with respect to a work of improvement on a common area for all notices and claims required pursuant to existing law relating to works of improvement.
Who sponsors AB 534?
AB 534 is sponsored by Gallagher, James (Republican).
What is the current status of AB 534?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
Where can I track AB 534?
Track AB 534 free on One Click Politics — get push/email alerts when it moves.

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