Bill Text: CA AB126 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Time shares: management and governance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB126 Detail]

Download: California-2013-AB126-Introduced.html

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BILL NUMBER: AB 126	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        JANUARY 14, 2013

   An act to amend Section 11273 of the Business and Professions
Code, relating to real estate.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 126, as introduced, Hall. Time shares: management and
governance.
   The Vacation Ownership and Time-share Act of 2004 requires a
time-share association to maintain among its records a complete list
of the names and addresses of all owners of time-share interests in
the time-share plan. The list is required to be updated at least
every 6 months.
   This bill would instead require the time-share association to
maintain a complete list of the names and postal addresses of all
owners of time-share interests in the time-share plan and to update
the list at least every 12 months.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 11273 of the Business and Professions Code is
amended to read:
   11273.  (a) The books of account, minutes of members and governing
body meetings, and all other records of the time-share plan
maintained by the association or the managing entity shall be made
available for inspection and copying by any member, or by his or her
duly appointed representative, at any reasonable time for a purpose
reasonably related to membership in the association.
   (b) The records shall be made available for inspection at the
office where the records are maintained. Upon receipt of an
authenticated written request from a member along with the fee
prescribed by the governing body to defray the costs of reproduction,
the managing entity or other custodian of records of the association
or the time-share plan shall prepare and transmit to the member a
copy of any and all records requested.
   (c) The governing body shall establish reasonable rules with
respect to all of the following:
   (1) Notice to be given to the managing entity or other custodian
of the records by the member desiring to make the inspection or to
obtain copies.
   (2) Hours and days of the week when a personal inspection of the
records may be made.
   (3) Payment of the cost of reproducing copies of records requested
by a member.
   (d) Every governing body member shall have the absolute right at
any time to inspect all books, records, and documents of the
association and all real and personal properties owned and controlled
by the association.
   (e) The association shall maintain among its records a complete
list of the names and  postal  addresses of all owners of
time-share interests in the time-share plan. The association shall
update this list no less frequently than every  six 
 12  months. Unless otherwise provided in the time-share
instruments, the association may not publish this owner's list or
provide a copy of it to any time-share interest owner or to any third
party or use or sell the list for commercial purposes.
   (f) For single site time-share plans and component sites of a
multisite time-share plan located outside of the state, the
association shall be subject to the provisions set forth in this
section. The association must be in compliance with the applicable
laws of the state or jurisdiction in which the time-share property or
component site is located, and if a conflict exists between laws of
the situs state and the requirements set forth in this section, the
law of the situs state shall control. If the association and the
time-share instruments provide for the matters contained in this
section, the association shall be deemed to be in compliance with the
requirements of this section and neither the developer nor the
association shall be required to make revisions to the time-share
instruments in order to comply with the section.