Bill Text: CA SB745 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Housing.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 183, Statutes of 2013. [SB745 Detail]
Download: California-2013-SB745-Amended.html
Bill Title: Housing.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 183, Statutes of 2013. [SB745 Detail]
Download: California-2013-SB745-Amended.html
BILL NUMBER: SB 745 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Committee on Transportation and Housing (Senators
DeSaulnier (Chair), Beall, Cannella, Gaines, Galgiani, Hill, Lara,
Liu, Pavley, Roth, and Wyland)
FEBRUARY 22, 2013
An act to amend Sections 1941.4, 2924b, 4005, 4035, 4090, 4290,
4525, 4528, and 4530 of, and to repeal Sections 1363.05, 1368, and
1368.2 of , the Civil Code, and to
amend Section 12191 of , and to repeal Section 65585.2 of,
the Government Code, and to amend Section 13114 of the Health
and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 745, as amended, Committee on Transportation and Housing.
Housing.
(1) Existing law, the Davis-Sterling Common Interest Development
Act defines and regulates common interest developments. Operative
January 1, 2014, the act will be reorganized and recodified.
This bill would repeal provisions of the act that are superseded
by the reorganization and recodification of the act. The bill would
make other conforming changes, would authorize delivery of documents
to the homeowner's association by specified types of mail delivery,
would revise requirements for a board teleconference and the form for
billing disclosures, and would prohibit cancellation fees for
requests for documents, as specified.
(2) Existing law requires the lessor of a building intended for
residential occupation to ensure that the inside telephone wiring
meets the applicable standards of the most recent National Electrical
Code.
This bill would replace the reference to the National Electrical
Code with the California Electrical Code.
(3) Existing law requires the State Fire Marshal to adopt
regulations to control the quality and installation of fire alarm
systems and devices, and prohibits the marketing, distribution, or
sale of any fire alarm system or device that has not been approved by
the State Fire Marshal.
Existing law, commencing January 1, 2014, requires a smoke alarm
to meet prescribed requirements, including, but not limited to, the
requirement that it incorporate an end-of-life feature that provides
notice that the device needs to be replaced in order for the smoke
alarm to be approved by the State Fire Marshal, and authorizes the
State Fire Marshal to suspend enforcement of this requirement for a
period not to exceed 6 months.
This bill would delete the requirement that a smoke alarm
incorporate an end-of-life feature, and, the authority for the State
Fire Marshal to suspend its enforcement.
(4) This bill would delete an obsolete provision related to
eligibility for funding under the Housing and Emergency Shelter Trust
Fund Act of 2002.
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 1363.05 of the Civil Code is repealed.
SEC. 2. Section 1368 of the Civil Code is repealed.
SEC. 3. Section 1368.2 of the Civil Code is repealed.
SEC. 4. Section 1941.4 of the Civil Code is amended to read:
1941.4. The lessor of a building intended for the residential
occupation of human beings shall be responsible for installing at
least one usable telephone jack and for placing and maintaining the
inside telephone wiring in good working order, shall ensure that the
inside telephone wiring meets the applicable standards of the most
recent California Electrical Code, and shall make any required
repairs. The lessor shall not restrict or interfere with access by
the telephone utility to its telephone network facilities up to the
demarcation point separating the inside wiring.
"Inside telephone wiring" for purposes of this section, means that
portion of the telephone wire that connects the telephone equipment
at the customer's premises to the telephone network at a demarcation
point determined by the telephone corporation in accordance with
orders of the Public Utilities Commission.
SEC. 5. Section 2924b of the Civil Code is amended to read:
2924b. (a) Any person desiring a copy of any notice of default
and of any notice of sale under any deed of trust or mortgage with
power of sale upon real property or an estate for years therein, as
to which deed of trust or mortgage the power of sale cannot be
exercised until these notices are given for the time and in the
manner provided in Section 2924 may, at any time subsequent to
recordation of the deed of trust or mortgage and prior to recordation
of notice of default thereunder, cause to be filed for record in the
office of the recorder of any county in which any part or parcel of
the real property is situated, a duly acknowledged request for a copy
of the notice of default and of sale. This request shall be signed
and acknowledged by the person making the request, specifying the
name and address of the person to whom the notice is to be mailed,
shall identify the deed of trust or mortgage by stating the names of
the parties thereto, the date of recordation thereof, and the book
and page where the deed of trust or mortgage is recorded or the
recorder's number, and shall be in substantially the following form:
""In accordance with Section 2924b, Civil Code,
request is hereby
made that a copy of any notice of default and a
copy of any notice of sale
under the deed of trust (or mortgage) recorded
______, ____, in Book
_____ page ____ records of ____ County, (or filed
for record with
recorder's serial number ____, _______ County)
California, executed
by ____ as trustor (or mortgagor) in which
________ is named as
beneficiary (or mortgagee) and ______________ as
trustee be mailed to
_________________ at __________________________.
Name Address
NOTICE: A copy of any notice of default and of
any notice of sale will be
sent only to the address contained in this
recorded request. If your address changes,
a new request must be recorded.
Signature ______________''
Upon the filing for record of the request, the recorder shall
index in the general index of grantors the names of the trustors (or
mortgagor) recited therein and the names of persons requesting
copies.
(b) The mortgagee, trustee, or other person authorized to record
the notice of default or the notice of sale shall do each of the
following:
(1) Within 10 business days following recordation of the notice of
default, deposit or cause to be deposited in the United States mail
an envelope, sent by registered or certified mail with postage
prepaid, containing a copy of the notice with the recording date
shown thereon, addressed to each person whose name and address are
set forth in a duly recorded request therefor, directed to the
address designated in the request and to each trustor or mortgagor at
his or her last known address if different than the address
specified in the deed of trust or mortgage with power of sale.
(2) At least 20 days before the date of sale, deposit or cause to
be deposited in the United States mail an envelope, sent by
registered or certified mail with postage prepaid, containing a copy
of the notice of the time and place of sale, addressed to each person
whose name and address are set forth in a duly recorded request
therefor, directed to the address designated in the request and to
each trustor or mortgagor at his or her last known address if
different than the address specified in the deed of trust or mortgage
with power of sale.
(3) As used in paragraphs (1) and (2), the "last known address" of
each trustor or mortgagor means the last business or residence
physical address actually known by the mortgagee, beneficiary,
trustee, or other person authorized to record the notice of default.
For the purposes of this subdivision, an address is "actually known"
if it is contained in the original deed of trust or mortgage, or in
any subsequent written notification of a change of physical address
from the trustor or mortgagor pursuant to the deed of trust or
mortgage. For the purposes of this subdivision, "physical address"
does not include an e-mail or any form of electronic address for a
trustor or mortgagor. The beneficiary shall inform the trustee of the
trustor's last address actually known by the beneficiary. However,
the trustee shall incur no liability for failing to send any notice
to the last address unless the trustee has actual knowledge of it.
(4) A "person authorized to record the notice of default or the
notice of sale" shall include an agent for the mortgagee or
beneficiary, an agent of the named trustee, any person designated in
an executed substitution of trustee, or an agent of that substituted
trustee.
(c) The mortgagee, trustee, or other person authorized to record
the notice of default or the notice of sale shall do the following:
(1) Within one month following recordation of the notice of
default, deposit or cause to be deposited in the United States mail
an envelope, sent by registered or certified mail with postage
prepaid, containing a copy of the notice with the recording date
shown thereon, addressed to each person set forth in paragraph (2),
provided that the estate or interest of any person entitled to
receive notice under this subdivision is acquired by an instrument
sufficient to impart constructive notice of the estate or interest in
the land or portion thereof that is subject to the deed of trust or
mortgage being foreclosed, and provided the instrument is recorded in
the office of the county recorder so as to impart that constructive
notice prior to the recording date of the notice of default and
provided the instrument as so recorded sets forth a mailing address
that the county recorder shall use, as instructed within the
instrument, for the return of the instrument after recording, and
which address shall be the address used for the purposes of mailing
notices herein.
(2) The persons to whom notice shall be mailed under this
subdivision are:
(A) The successor in interest, as of the recording date of the
notice of default, of the estate or interest or any portion thereof
of the trustor or mortgagor of the deed of trust or mortgage being
foreclosed.
(B) The beneficiary or mortgagee of any deed of trust or mortgage
recorded subsequent to the deed of trust or mortgage being
foreclosed, or recorded prior to or concurrently with the deed of
trust or mortgage being foreclosed but subject to a recorded
agreement or a recorded statement of subordination to the deed of
trust or mortgage being foreclosed.
(C) The assignee of any interest of the beneficiary or mortgagee
described in subparagraph (B), as of the recording date of the notice
of default.
(D) The vendee of any contract of sale, or the lessee of any
lease, of the estate or interest being foreclosed that is recorded
subsequent to the deed of trust or mortgage being foreclosed, or
recorded prior to or concurrently with the deed of trust or mortgage
being foreclosed but subject to a recorded agreement or statement of
subordination to the deed of trust or mortgage being foreclosed.
(E) The successor in interest to the vendee or lessee described in
subparagraph (D), as of the recording date of the notice of default.
(F) The office of the Controller, Sacramento, California, where,
as of the recording date of the notice of default, a "Notice of Lien
for Postponed Property Taxes" has been recorded against the real
property to which the notice of default applies.
(3) At least 20 days before the date of sale, deposit or cause to
be deposited in the United States mail an envelope, sent by
registered or certified mail with postage prepaid, containing a copy
of the notice of the time and place of sale addressed to each person
to whom a copy of the notice of default is to be mailed as provided
in paragraphs (1) and (2), and addressed to the office of any state
taxing agency, Sacramento, California, that has recorded, subsequent
to the deed of trust or mortgage being foreclosed, a notice of tax
lien prior to the recording date of the notice of default against the
real property to which the notice of default applies.
(4) Provide a copy of the notice of sale to the Internal Revenue
Service, in accordance with Section 7425 of the Internal Revenue Code
and any applicable federal regulation, if a "Notice of Federal Tax
Lien under Internal Revenue Laws" has been recorded, subsequent to
the deed of trust or mortgage being foreclosed, against the real
property to which the notice of sale applies. The failure to provide
the Internal Revenue Service with a copy of the notice of sale
pursuant to this paragraph shall be sufficient cause to rescind the
trustee's sale and invalidate the trustee's deed, at the option of
either the successful bidder at the trustee's sale or the trustee,
and in either case with the consent of the beneficiary. Any option to
rescind the trustee's sale pursuant to this paragraph shall be
exercised prior to any transfer of the property by the successful
bidder to a bona fide purchaser for value. A recision of the trustee'
s sale pursuant to this paragraph may be recorded in a notice of
recision pursuant to Section 1058.5.
(5) The mailing of notices in the manner set forth in paragraph
(1) shall not impose upon any licensed attorney, agent, or employee
of any person entitled to receive notices as herein set forth any
duty to communicate the notice to the entitled person from the fact
that the mailing address used by the county recorder is the address
of the attorney, agent, or employee.
(d) Any deed of trust or mortgage with power of sale hereafter
executed upon real property or an estate for years therein may
contain a request that a copy of any notice of default and a copy of
any notice of sale thereunder shall be mailed to any person or party
thereto at the address of the person given therein, and a copy of any
notice of default and of any notice of sale shall be mailed to each
of these at the same time and in the same manner required as though a
separate request therefor had been filed by each of these persons as
herein authorized. If any deed of trust or mortgage with power of
sale executed after September 19, 1939, except a deed of trust or
mortgage of any of the classes excepted from the provisions of
Section 2924, does not contain a mailing address of the trustor or
mortgagor therein named, and if no request for special notice by the
trustor or mortgagor in substantially the form set forth in this
section has subsequently been recorded, a copy of the notice of
default shall be published once a week for at least four weeks in a
newspaper of general circulation in the county in which the property
is situated, the publication to commence within 10 business days
after the filing of the notice of default. In lieu of publication, a
copy of the notice of default may be delivered personally to the
trustor or mortgagor within the 10 business days or at any time
before publication is completed, or by posting the notice of default
in a conspicuous place on the property and mailing the notice to the
last known address of the trustor or mortgagor.
(e) Any person required to mail a copy of a notice of default or
notice of sale to each trustor or mortgagor pursuant to subdivision
(b) or (c) by registered or certified mail shall simultaneously cause
to be deposited in the United States mail, with postage prepaid and
mailed by first-class mail, an envelope containing an additional copy
of the required notice addressed to each trustor or mortgagor at the
same address to which the notice is sent by registered or certified
mail pursuant to subdivision (b) or (c). The person shall execute and
retain an affidavit identifying the notice mailed, showing the name
and residence or business address of that person, that he or she is
over the age of 18 years, the date of deposit in the mail, the name
and address of the trustor or mortgagor to whom sent, and that the
envelope was sealed and deposited in the mail with postage fully
prepaid. In the absence of fraud, the affidavit required by this
subdivision shall establish a conclusive presumption of mailing.
(f) (1) Notwithstanding subdivision (a), with respect to separate
interests governed by an association, as defined in Section 4080, the
association may cause to be filed in the office of the recorder in
the county in which the separate interests are situated a request
that a mortgagee, trustee, or other person authorized to record a
notice of default regarding any of those separate interests mail to
the association a copy of any trustee's deed upon sale concerning a
separate interest. The request shall include a legal description or
the assessor's parcel number of all the separate interests. A request
recorded pursuant to this subdivision shall include the name and
address of the association and a statement that it is a homeowners'
association. Subsequent requests of an association shall supersede
prior requests. A request pursuant to this subdivision shall be
recorded before the filing of a notice of default. The mortgagee,
trustee, or other authorized person shall mail the requested
information to the association within 15 business days following the
date of the trustee's sale. Failure to mail the request, pursuant to
this subdivision, shall not affect the title to real property.
(2) A request filed pursuant to paragraph (1) does not, for
purposes of Section 27288.1 of the Government Code, constitute a
document that either effects or evidences a transfer or encumbrance
of an interest in real property or that releases or terminates any
interest, right, or encumbrance of an interest in real property.
(g) No request for a copy of any notice filed for record pursuant
to this section, no statement or allegation in the request, and no
record thereof shall affect the title to real property or be deemed
notice to any person that any person requesting copies of notice has
or claims any right, title, or interest in, or lien or charge upon
the property described in the deed of trust or mortgage referred to
therein.
(h) "Business day," as used in this section, has the meaning
specified in Section 9.
SEC. 6. Section 4005 of the Civil Code is amended to read:
4005. Division, part, title, chapter, article, and section
headings do not in any manner affect the scope, meaning, or intent of
this part.
SEC. 7. Section 4035 of the Civil Code is amended to read:
4035. (a) If a provision of this part requires that a document be
delivered to an association, the document shall be delivered to the
person designated in the annual policy statement, prepared pursuant
to Section 5310, to receive documents on behalf of the association.
If no person has been designated to receive documents, the document
shall be delivered to the president or secretary of the association.
(b) A document delivered pursuant to this section may be delivered
by any of the following methods:
(1) By e-mail, facsimile, or other electronic means, if the
association has assented to that method of delivery.
(2) By personal delivery, if the association has assented to that
method of delivery. If the association accepts a document by personal
delivery it shall provide a written receipt acknowledging delivery
of the document.
(3) By first-class mail, postage prepaid, registered or certified
mail, express mail, or overnight delivery by an express service
center.
SEC. 8. Section 4090 of the Civil Code is amended to read:
4090. "Board meeting" means either of the following:
(a) A congregation, at the same time and place, of a sufficient
number of directors to establish a quorum of the board, to hear,
discuss, or deliberate upon any item of business that is within the
authority of the board.
(b) A teleconference, where a sufficient number of directors to
establish a quorum of the board, in different locations, are
connected by electronic means, through audio or video, or both. A
teleconference meeting shall be conducted in a manner that protects
the rights of members of the association and otherwise complies with
the requirements of this act. Except for a meeting that will be held
solely in executive session, the notice of the teleconference meeting
shall identify at least one physical location so that members of the
association may attend, and at least one director or a person
designated by the board shall be present at that location.
Participation by directors in a teleconference meeting constitutes
presence at that meeting as long as all directors participating are
able to hear one another, as well as members of the association
speaking on matters before the board.
SEC. 9. Section 4290 of the Civil Code is amended to read:
4290. (a) The certificate consenting to the recordation of a
condominium plan that is required by subdivision (c) of Section 4185
shall be signed and acknowledged by all of the following persons:
(1) The record owner of fee title to that property included in the
condominium project.
(2) In the case of a condominium project that will terminate upon
the termination of an estate for years, by all lessors and lessees of
the estate for years.
(3) In the case of a condominium project subject to a life estate,
by all life tenants and remainder interests.
(4) The trustee or the beneficiary of each recorded deed of trust,
and the mortgagee of each recorded mortgage encumbering the
property.
(b) Owners of mineral rights, easements, rights-of-way, and other
nonpossessory interests do not need to sign the certificate.
(c) In the event a conversion to condominiums of a community
apartment project or stock cooperative has been approved by the
required number of owners, trustees, beneficiaries, and mortgagees
pursuant to Section 66452.10 of the Government Code, the certificate
need only be signed by those owners, trustees, beneficiaries, and
mortgagees approving the conversion.
SEC. 10. Section 4525 of the Civil Code is amended to read:
4525. (a) The owner of a separate interest shall provide the
following documents to a prospective purchaser of the separate
interest, as soon as practicable before the transfer of title or the
execution of a real property sales contract, as defined in Section
2985:
(1) A copy of all governing documents. If the association is not
incorporated, this shall include a statement in writing from an
authorized representative of the association that the association is
not incorporated.
(2) If there is a restriction in the governing documents limiting
the occupancy, residency, or use of a separate interest on the basis
of age in a manner different from that provided in Section 51.3, a
statement that the restriction is only enforceable to the extent
permitted by Section 51.3 and a statement specifying the applicable
provisions of Section 51.3.
(3) A copy of the most recent documents distributed pursuant to
Article 7 (commencing with Section 5300) of Chapter 6.
(4) A true statement in writing obtained from an authorized
representative of the association as to the amount of the association'
s current regular and special assessments and fees, any assessments
levied upon the owner's interest in the common interest development
that are unpaid on the date of the statement, and any monetary fines
or penalties levied upon the owner's interest and unpaid on the date
of the statement. The statement obtained from an authorized
representative shall also include true information on late charges,
interest, and costs of collection which, as of the date of the
statement, are or may be made a lien upon the owner's interest in a
common interest development pursuant to Article 2 (commencing with
Section 5650) of Chapter 8.
(5) A copy or a summary of any notice previously sent to the owner
pursuant to Section 5855 that sets forth any alleged violation of
the governing documents that remains unresolved at the time of the
request. The notice shall not be deemed a waiver of the association's
right to enforce the governing documents against the owner or the
prospective purchaser of the separate interest with respect to any
violation. This paragraph shall not be construed to require an
association to inspect an owner's separate interest.
(6) A copy of the initial list of defects provided to each member
pursuant to Section 6000, unless the association and the builder
subsequently enter into a settlement agreement or otherwise resolve
the matter and the association complies with Section 6100. Disclosure
of the initial list of defects pursuant to this paragraph does not
waive any privilege attached to the document. The initial list of
defects shall also include a statement that a final determination as
to whether the list of defects is accurate and complete has not been
made.
(7) A copy of the latest information provided for in Section 6100.
(8) Any change in the association's current regular and special
assessments and fees which have been approved by the board, but have
not become due and payable as of the date disclosure is provided
pursuant to this subdivision.
(9) If there is a provision in the governing documents that
prohibits the rental or leasing of any of the separate interests in
the common interest development to a renter, lessee, or tenant, a
statement describing the prohibition.
(10) If requested by the prospective purchaser, a copy of the
minutes of board meetings, excluding meetings held in executive
session, conducted over the previous 12 months, that were approved by
the board.
(b) This section does not apply to an owner that is subject to
Section 11018.6 of the Business and Professions Code.
SEC. 11. Section 4528 of the Civil Code is amended to read:
4528. The form for billing disclosures required by Section 4530
shall be in at least 10-point type and substantially the following
form:
CHARGES FOR DOCUMENTS PROVIDED AS REQUIRED BY
SECTION 4525*
Property Address
Owner of Property
Owner's Mailing Address (If known or different
from property address.)
Provider of the Section 4525 Items:
Print Name _________ Position or Title
_________ Association or Agent
Date Form Completed
Check or Complete Applicable Column or Columns
Below
Not
Available
(N/A) or
Not
Applicable
Civil Code (N/App)
Document Section
Included
Articles of
Incorporation or Section
statement that not 4525(a)(1)
incorporated
CC&Rs Section
4525(a)(1)
Bylaws Section
4525(a)(1)
Operating Rules Section
4525(a)(1)
Age restrictions, if Section
any 4525(a)(2)
Rental Section
restrictions, if any 4525(a)(9)
Annual budget report
or summary, Sections 5300
including reserve and 4525(a)(3)
study
Assessment and Sections 5300
reserve funding and 4525(a)(4)
disclosure summary
Financial statement Sections 5305
review and 4525(a)(3)
Assessment Sections 5310
enforcement policy and
4525(a)(4)
Insurance summary Sections 5300
and 4525(a)(3)
Regular assessment Section
4525(a)(4)
Special assessment Section
4525(a)(4)
Emergency assessment Section
4525(a)(4)
Other unpaid Sections 5675
obligations of seller and 4525(a)(4)
Sections 5300
Approved changes to and
assessments 4525(a)(4),
(8)
Settlement notice Sections
regarding common 4525(a)(6),
area defects (7), and 6100
Preliminary list of Sections
defects 4525(a)(6),
6000, and 6100
Notice(s) of Sections 5855
violation and 4525(a)(5)
Required statement Section 4525
of fees
Minutes of regular
board meetings Section
conducted over the 4525(a)(10)
previous 12 months,
if requested
Total fees for these documents:
* The information provided by this form may not
include all fees that may be imposed before the
close of escrow. Additional fees that are not
related to the requirements of Section 4525 may be
charged separately.
SEC. 12. Section 4530 of the Civil Code is amended to read:
4530. (a) (1) Upon written request, the association shall, within
10 days of the mailing or delivery of the request, provide the owner
of a separate interest, or any other recipient authorized by the
owner, with a copy of the requested documents specified in Section
4525.
(2) The documents required to be made available pursuant to this
section may be maintained in electronic form, and may be posted on
the association's Internet Web site. Requesting parties shall have
the option of receiving the documents by electronic transmission if
the association maintains the documents in electronic form.
Delivery
(3) Delivery of the documents
required by this section shall not be withheld for any reason nor
subject to any condition except the payment of the fee authorized
pursuant to subdivision (b).
(b) (1) The association may collect a reasonable fee based upon
the association's actual cost for the procurement, preparation,
reproduction, and delivery of the documents requested pursuant to
this section. Upon Additional fees
shall not be charged by
the association for the electronic delivery of the documents
requested.
(2) Upon receipt of a written
request , the association shall provide , on
the form described in Section 4528, a written or electronic estimate
of the fees that will be assessed for providing the requested
documents.
(2) No additional fees may be charged by the association for the
electronic delivery of the documents requested.
(3) (A) A cancellation fee for documents specified in subdivision
(a) shall not be collected if either of the following applies:
(i) The request was canceled in writing by the same party that
placed the order and work had not yet been performed on the order.
(ii) The request was canceled in writing and any work that had
been performed on the order was compensated.
(B) The association shall refund all fees collected pursuant to
paragraph (1) if the request was canceled in writing and work had not
yet been performed on the order.
(C) If the request was canceled in writing, the association shall
refund the share of fees collected pursuant to paragraph (1) that
represents the portion of the work not performed on the order.
(3)
(4) Fees for any documents required by this section
shall be distinguished from other fees, fines, or assessments billed
as part of the transfer or sales transaction.
(4) If a request for documents is canceled in writing, the
association shall refund all fees collected pursuant to paragraph (1)
or an amount that represents the portion of the work not performed.
(5) If a request for documents is canceled in writing by the same
party making the request and work had not been performed to meet the
request, a cancellation fee may not be charged or collected.
(6) If a request for documents is canceled in writing and a fee
was collected for an amount that represents the portion of the work
performed to meet the request, a cancellation fee may not be charged
or collected.
(c) An association may contract with any person or entity to
facilitate compliance with subdivision (b)
this section on behalf of the association.
(d) The association shall also provide a recipient authorized by
the owner of a separate interest with a copy of the completed form
specified in Section 4528 at the time the required documents are
delivered.
SEC. 13. Section 12191 of the Government Code is amended to read:
12191. The miscellaneous business entity filing fees are the
following:
(a) Foreign Associations, as defined in Sections 170 and 171 of
the Corporations Code:
(1) Filing the statement and designation upon the qualification of
a foreign association pursuant to Section 2105 of the Corporations
Code: One hundred dollars ($100).
(2) Filing an amended statement and designation by a foreign
association pursuant to Section 2107 of the Corporations Code: Thirty
dollars ($30).
(3) Filing a certificate showing the surrender of the right of a
foreign association to transact intrastate business pursuant to
Section 2112 of the Corporations Code: No fee.
(b) Unincorporated Associations:
(1) Filing a statement in accordance with Section 18200 of the
Corporations Code as to principal place of office or place for
sending notices or designating agent for service: Twenty-five dollars
($25).
(2) Insignia Registrations: Ten dollars ($10).
(c) Community Associations and Common Interest Developments:
(1) Filing a statement by a community association in accordance
with Section 5405 of the Civil Code to register the common interest
development that it manages: An amount not to exceed thirty dollars
($30).
(2) Filing an amended statement by a community association in
accordance with Section 5405 of the Civil Code: No fee.
SEC. 14 . Section 65585.2 of the
Government Code is repealed.
65585.2. Notwithstanding any other provision of law, any city or
county that has a housing element that has been self-certified
pursuant to the requirements of Section 65585.1 shall be considered
to be fully eligible to participate in any program created by, or
receiving funds through, the Housing and Emergency Shelter Trust Fund
Act of 2002 in an identical manner and to the same degree, as those
local jurisdictions deemed in substantial compliance with the
requirements of this article by the Department of Housing and
Community Development pursuant to Section 65585.
SEC. 15. Section 13114 of the
Health and Safety Code is amended to read:
13114. (a) The State Fire Marshal, with the advice of the State
Board of Fire Services, shall adopt regulations and standards as he
or she may determine to be necessary to control the quality and
installation of fire alarm systems and fire alarm devices marketed,
distributed, offered for sale, or sold in this state.
(b) (1) No person shall market, distribute, offer for sale, or
sell any fire alarm system or fire alarm device in this state unless
the system or device has been approved and listed by the State Fire
Marshal.
(2) (A) Commencing January 1, 2014,
January 1, 2015, in order to be approved and listed by the
State Fire Marshal, a smoke alarm shall display the date of
manufacture on the device, provide a place on the device where the
date of installation can be written, incorporate a hush
feature, incorporate an end-of-life feature that provides notice that
the device needs to be replaced, feature, and,
if battery operated, contain a nonreplaceable, nonremovable battery
that is capable of powering the smoke alarm for a minimum of 10
years.
(B) The State Fire Marshal shall have the authority to create
exceptions to this paragraph through its regulatory process. The
exceptions that may be considered as part of the regulatory process
shall include, but are not limited to, fire alarm systems with smoke
detectors, fire alarm devices that connect to a panel, or other
devices that use a low-power radio frequency wireless communication
signal.
(3) The State Fire Marshal shall approve the manufacturer's
instructions for each smoke alarm and shall ensure that the
instructions are consistent with current building standard
requirements for the location and placement of smoke alarms.
(4) If the State Fire Marshal determines that a sufficient amount
of tested and approved smoke alarms are not available to property
owners to meet the requirements of this article as of January 1,
2014, the State Fire Marshal may suspend enforcement of the
requirements described in paragraph (2) for a period not to exceed
six months. If the State Fire Marshal elects to suspend enforcement
of these requirements, the department shall notify the Secretary of
State of its decision and shall post a public notice that describes
its finding and decision on its Internet Web site.
