California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 392 — Common interest developments: document delivery.

Last action — Chaptered by Secretary of State. Chapter 640, Statutes of 2021.

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

This bill has been enacted into law. Introduced February 11, 2021. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 9 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

Existing law, the Davis-Stirling Common Interest Development Act, requires an association to deliver documents to members of a common interest development, if those documents are required to be delivered by individual delivery or notice, by either first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier or by email, facsimile, or other electronic means, if the recipient has consented, in writing or by email, to receive documents by that electronic means. This bill would instead require, on and after January 1, 2023, an association to deliver those documents in accordance with the preferred delivery method specified by the member or, if the member has not provided a preferred delivery method, by traditional mail, as described above. The act requires an owner of a separate interest to annually provide certain written notice to the association, including the address or addresses to which notices from the association are to be delivered, an alternate or secondary address, and the address of the owner's legal representative, if any. The act requires the association to solicit that notice, as provided. This bill would instead require a member to provide the member's preferred delivery method for receiving notices and an alternate or secondary delivery method for receiving notices, and would require the association to include the options of receiving notice by mail, by a valid email address, or both. The bill would require a member to provide a valid email address, if available, of the owner's legal representative, if any, and would define the term "valid email address." The bill would require an association to include certain items in the required solicitation of notice described above, including that the member does not have to provide an email address to the association. Existing law specifies the methods by which an association may provide a document when a provision of the act requires "general delivery" or "general notice," including posting the printed document in a prominent location accessible to all members if designated for the posting of general notices by the association in its annual policy statement. This bill would include posting the notice on the association's internet website among the authorized delivery methods if this method is so designated by the association in its annual policy statement. The act prohibits association records, and any information from them, from being sold, used for a commercial purpose, or used for any other purpose not reasonably related to a member's interest as a member. This bill would prohibit an association or its managing agent from transmitting a member's personal information to a third party without the consent of the member unless required to do so by law, as specified. This bill would also make conforming and nonsubstantive changes. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by SB 432 to be operative only if this bill and SB 432 are enacted and this bill is enacted last.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 640, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 37. Noes 0. Page 2633.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 77. Noes 0. Page 3133.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Ordered to third reading.

  10. Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.

  11. In Assembly. Held at Desk.

  12. Ordered to the Assembly.

  13. Action rescinded whereby the Assembly amendments were concurred in.

  14. Returned by the Governor at the request of the Senate.

  15. Enrolled and presented to the Governor at 1 p.m.

  16. Assembly amendments concurred in. (Ayes 38. Noes 0. Page 2074.) Ordered to engrossing and enrolling.

  17. In Senate. Concurrence in Assembly amendments pending.

  18. Read third time. Passed. (Ayes 76. Noes 0. Page 2310.) Ordered to the Senate.

  19. Read second time. Ordered to third reading.

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

  21. From committee: Do pass as amended. (Ayes 8. Noes 0.) (June 22).

  22. Read second time and amended. Re-referred to Com. on JUD.

  23. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (June 8).

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

  25. In Assembly. Read first time. Held at Desk.

  26. Read third time. Passed. (Ayes 36. Noes 0. Page 1090.) Ordered to the Assembly.

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

  28. From committee: Do pass as amended. (Ayes 10. Noes 1. Page 935.) (April 27).

  29. Set for hearing April 27.

  30. From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0. Page 815.) (April 15). Re-referred to Com. on JUD.

  31. Set for hearing April 15.

  32. Referred to Coms. on HOUSING and JUD.

  33. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  34. (Ayes 32. Noes 4.)

  35. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  36. From printer. May be acted upon on or after March 14.

  37. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

Co-sponsors (1)

  • Hueso

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

SB 392 Archuleta Senate Third Reading By Mayes

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 27000
Republican 8001
Unaffiliated 42002
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Smith — Yea
Cunningham — Yea
Cooper — Yea
Voepel — Yea
Cooley — Yea
Maienschein — Yea
Rodriguez — Yea
Nazarian — Yea
Ting — Yea
O'Donnell — Yea
Waldron — Yea
Medina — Yea
McCarty — Yea
Friedman — Yea
Chau — Yea
Bloom — Yea
Mullin — Yea
Holden — Yea
Jones-Sawyer — Yea
Wood — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Villapudua — Yea
Salas — Yea
Quirk — Yea
Low — Yea
Levine — Yea
Daly — Yea
Gray — Yea
Burke — Yea
Mathis — Yea
Santiago — Yea
Mayes — Yea
Frazier — Yea
Kiley — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Unfinished Business SB392 Archuleta et al. Concurrence

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 21002
Republican 4000
Democratic 12001
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Newman — Yea
Leyva — Yea
Kamlager — Yea
Bates — Yea
Roth — Yea
Rubio — Yea
Portantino — Yea
Skinner — Yea
Wieckowski — Yea
Dodd — Yea
Gonzalez — Not Voting
Eggman — Not Voting
Borgeas — Yea
Melendez — Yea
Wilk — Yea
Bradford — Yea
Hertzberg — Yea
Nielsen — Yea
Glazer — Yea
Atkins — Yea
Hueso — Yea
Min — Yea
Pan — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Unfinished Business SB392 Archuleta et al. Concurrence

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 23000
Democratic 12001
Republican 3001
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Hueso — Yea
Wieckowski — Yea
Leyva — Yea
Melendez — Yea
Glazer — Yea
Gonzalez — Yea
Dodd — Yea
Wilk — Yea
Bates — Yea
Atkins — Yea
Portantino — Yea
Rubio — Yea
Skinner — Yea
Nielsen — Yea
Pan — Yea
Roth — Yea
Kamlager — Yea
Borgeas — Yea
Newman — Yea
Hertzberg — Yea
Eggman — Yea
Min — Yea
Bradford — Yea
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 392 Archuleta Senate Third Reading By Mayes

Passed 76 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 25001
Unaffiliated 42002
Republican 9000
Total 76003
% of votes cast 96%0%0%4%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
Levine — Yea
O'Donnell — Yea
Waldron — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Smith — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Kiley — Not Voting
Voepel — Yea
Cooley — Yea
Mathis — Yea
Bigelow — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Davies, Laurie Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass as amended.

Passed 8 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 5002
Democratic 2000
Republican 1001
Total 8003
% of votes cast 73%0%0%27%
How each member voted (11)
Member Party Vote
Chau — Yea
Chiu — Yea
Holden — Yea
Maienschein — Yea
Kiley — Not Voting
Lorena Gonzalez — Not Voting
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Davies, Laurie Republican Yea
Gallagher, James Republican Not Voting

Official roll call →

Do pass as amended and be re-referred to the Committee on [Judiciary]

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Republican 1000
Democratic 4000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Maienschein — Yea
Chiu — Yea
Kiley — Not Voting
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Wicks, Buffy Democratic Yea
Seyarto, Kelly Republican Yea

Official roll call →

3rd Reading SB392 Archuleta et al.

Passed 36 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 22001
Republican 3001
Total 36004
% of votes cast 90%0%0%10%
How each member voted (40)
Member Party Vote
Eggman — Yea
Leyva — Yea
Melendez — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Dodd — Yea
Bradford — Yea
Wilk — Yea
Rubio — Yea
Glazer — Yea
Pan — Yea
Gonzalez — Yea
Skinner — Yea
Bates — Yea
Hueso — Yea
Hertzberg — Yea
Atkins — Yea
Kamlager — Yea
Roth — Yea
Nielsen — Yea
Borgeas — Yea
Wieckowski — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Do pass as amended

Passed 10 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 3100
Democratic 6000
Republican 1000
Total 10100
% of votes cast 91%9%0%0%
How each member voted (11)
Member Party Vote
Gonzalez — Yea
Borgeas — Yea
Hertzberg — Yea
Wieckowski — Nay
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Laird, John Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Judiciary]

Passed 8 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 2001
Republican 1000
Total 8001
% of votes cast 89%0%0%11%
How each member voted (9)
Member Party Vote
Skinner — Yea
Bates — Yea
Wieckowski — Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Subjects

housing civil-rights technology
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Frequently asked questions

What does SB 392 do?
Existing law, the Davis-Stirling Common Interest Development Act, requires an association to deliver documents to members of a common interest development, if those documents are required to be delivered by individual delivery or notice, by either first-class mail, postage prepaid, registered or certified mail, express mail, or overnight delivery by an express service carrier or by email, facsimile, or other electronic means, if the recipient has consented, in writing or by email, to receive documents by that electronic means. This bill would instead require, on and after January 1, 2023, an association to deliver those documents in accordance with the preferred delivery method specified by the member or, if the member has not provided a preferred delivery method, by traditional mail, as described above. The act requires an owner of a separate interest to annually provide certain written notice to the association, including the address or addresses to which notices from the association are to be delivered, an alternate or secondary address, and the address of the owner's legal representative, if any. The act requires the association to solicit that notice, as provided. This bill would instead require a member to provide the member's preferred delivery method for receiving notices and an alternate or secondary delivery method for receiving notices, and would require the association to include the options of receiving notice by mail, by a valid email address, or both. The bill would require a member to provide a valid email address, if available, of the owner's legal representative, if any, and would define the term "valid email address." The bill would require an association to include certain items in the required solicitation of notice described above, including that the member does not have to provide an email address to the association. Existing law specifies the methods by which an association may provide a document when a provision of the act requires "general delivery" or "general notice," including posting the printed document in a prominent location accessible to all members if designated for the posting of general notices by the association in its annual policy statement. This bill would include posting the notice on the association's internet website among the authorized delivery methods if this method is so designated by the association in its annual policy statement. The act prohibits association records, and any information from them, from being sold, used for a commercial purpose, or used for any other purpose not reasonably related to a member's interest as a member. This bill would prohibit an association or its managing agent from transmitting a member's personal information to a third party without the consent of the member unless required to do so by law, as specified. This bill would also make conforming and nonsubstantive changes. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by SB 432 to be operative only if this bill and SB 432 are enacted and this bill is enacted last.
Who sponsors SB 392?
SB 392 is sponsored by Archuleta, Bob (Democratic) and Hueso.
What is the current status of SB 392?
This bill has been enacted into law. Introduced February 11, 2021. Enacted.
Where can I track SB 392?
Track SB 392 free on One Click Politics — get push/email alerts when it moves.

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