BILL NUMBER: SB 745 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 25, 2013
AMENDED IN ASSEMBLY JUNE 11, 2013
AMENDED IN SENATE APRIL 15, 2013
INTRODUCED BY Committee on Transportation and Housing (Senators
DeSaulnier (Chair), Beall, Cannella, Gaines, Galgiani, Hueso, Lara,
Liu, Pavley, Roth, and Wyland)
FEBRUARY 22, 2013
An act to amend Sections 1101.5, 1941.4, 2924b, 4005, 4035, 4070,
4090, 4205, 4290, 4350,4525, 4528, 4530, and 4920 of, and to repeal
Sections 1363.05, 1368, and 1368.2 of, the Civil Code, to amend
Sections 12191 and 65582 of, and to repeal Section 65585.2 of, the
Government Code, and to amend Sections 13114 and 50675.14 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 requires on and after January 1, 2014,
replacement of noncompliant plumbing fixtures in multifamily
residential real property and commercial real property, as specified.
This bill would make a technical nonsubstantive change.
(2) 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This bill would repeal provisions of the act that are superseded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 an action that is
required to be approved by a majority of a quorum of the members at a
duly held meeting at which a quorum is present to, instead, be
approved by a majority in a duly held election in which a quorum is
represented, would revise provisions governing inconsistencies
between the governing documents and the law and other inconsistencies
to instead apply to conflicts, 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.
(3) 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.
(4) 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 and that it, if battery
operated, contain a nonreplaceable, nonremovable battery capable of
powering the smoke alarm at least 10 years in order for the smoke
alarm to be approved by the State Fire Marshal. Existing law
authorizes the State Fire Marshal to suspend enforcement of this
requirement for a period not to exceed 6 months.
This bill would, commencing July 1, 2014, recast those
provisions to, instead, require would recast those
provisions to, instead, require commencing July 1, 2014, a
smoke alarm that is only battery operated to contain a
nonreplaceable, nonremovable battery capable of powering the smoke
alarm for at least 10 years in order to be approved by the State Fire
Marshal. The bill would also require, commencing January 1, 2015, a
smoke alarm to display the manufacture date, provide a place to write
the date of installation on the device, and incorporate a hush
feature in order for the State Fire Marshal to approve it. The bill
would delete the authority for the State Fire Marshal to suspend
enforcement of these requirements , and would authorize the
State Fire Marshal to adopt exceptions through its regulatory process
.
(5) This bill would delete an obsolete provision related to
eligibility for funding under the Housing and Emergency Shelter Trust
Fund Act of 2002.
(6) This bill would incorporate additional changes to Section
2924b of the Civil Code proposed by Senate Bill 752 that would become
operative if this bill and Senate Bill 752 are enacted and this bill
is enacted last.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1101.5 of the Civil Code is amended to read:
1101.5. (a) On or before January 1, 2019, all noncompliant
plumbing fixtures in any multifamily residential real property and in
any commercial real property shall be replaced with water-conserving
plumbing fixtures.
(b) An owner or the owner's agent may enter the owner's property
for the purpose of installing, repairing, testing, and maintaining
water-conserving plumbing fixtures required by this section,
consistent with notice requirements of Section 1954.
(c) On and after January 1, 2019, the water-conserving plumbing
fixtures required by this section shall be operating at the
manufacturer's rated water consumption at the time that the tenant
takes possession. A tenant shall be responsible for notifying the
owner or owner's agent if the tenant becomes aware that a
water-conserving plumbing fixture within his or her unit is not
operating at the manufacturer's rated water consumption. The owner or
owner's agent shall correct an inoperability in a water-conserving
plumbing fixture upon notice by the tenant or if detected by the
owner or the owner's agent.
(d) (1) On and after January 1, 2014, all noncompliant plumbing
fixtures in any multifamily residential real property and any
commercial real property shall be replaced with water-conserving
plumbing fixtures in the following circumstances:
(A) For building additions in which the sum of concurrent building
permits by the same permit applicant would increase the floor area
of the space in a building by more than 10 percent, the building
permit applicant shall replace all noncompliant plumbing fixtures in
the building.
(B) For building alterations or improvements in which the total
construction cost estimated in the building permit is greater than
one hundred fifty thousand dollars ($150,000), the building permit
applicant shall replace all noncompliant plumbing fixtures that
service the specific area of the improvement.
(C) Notwithstanding subparagraph (A) or (B), for any alterations
or improvements to a room in a building that require a building
permit and that room contains any noncompliant plumbing fixtures, the
building permit applicant shall replace all noncompliant plumbing
fixtures in that room.
(2) Replacement of all noncompliant plumbing fixtures with
water-conserving plumbing fixtures, as described in paragraph (1),
shall be a condition for issuance of a certificate of final
completion and occupancy or final permit approval by the local
building department.
(e) On and after January 1, 2019, a seller or transferor of
multifamily residential real property or of commercial real property
shall disclose to the prospective purchaser or transferee, in
writing, the requirements of subdivision (a) and whether the property
includes any noncompliant plumbing fixtures. This disclosure may be
included in other transactional documents.
SEC. 2. Section 1363.05 of the Civil Code is repealed.
SEC. 3. Section 1368 of the Civil Code is repealed.
SEC. 4. Section 1368.2 of the Civil Code is repealed.
SEC. 5. 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. 6. 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) mortgagors) 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 email 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 rescission of the
trustee's sale pursuant to this paragraph may be recorded in a notice
of rescission 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, 18 years of age,
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. 6.5 . 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) mortgagors) 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 rescission
of the trustee's sale pursuant to this paragraph may be
recorded in a notice of recision rescission
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, 18 years of age,
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
subdivision (a) of Section 1351, Section 4080 or 6528,
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. an
association as defined in Section 4080 or 4628. 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. 7. 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 act.
SEC. 8. Section 4035 of the Civil Code is amended to read:
4035. (a) If a provision of this act 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 email, 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. 9. Section 4070 of the Civil Code is amended to read:
4070. If a provision of this act requires that an action be
approved by a majority of a quorum of the members, the action shall
be approved or ratified by an affirmative vote of a majority of the
votes represented and voting in a duly held election in which a
quorum is represented, which affirmative votes also constitute a
majority of the required quorum.
SEC. 10. 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. 11. Section 4205 of the Civil Code is amended to read:
4205. (a) To the extent of any conflict between the governing
documents and the law, the law shall prevail.
(b) To the extent of any conflict between the articles of
incorporation and the declaration, the declaration shall prevail.
(c) To the extent of any conflict between the bylaws and the
articles of incorporation or declaration, the articles of
incorporation or declaration shall prevail.
(d) To the extent of any conflict between the operating rules and
the bylaws, articles of incorporation, or declaration, the bylaws,
articles of incorporation, or declaration shall prevail.
SEC. 12. 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 4285
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. 13. Section 4350 of the Civil Code is amended to read:
4350. An operating rule is valid and enforceable only if all of
the following requirements are satisfied:
(a) The rule is in writing.
(b) The rule is within the authority of the board conferred by law
or by the declaration, articles of incorporation or association, or
bylaws of the association.
(c) The rule is not in conflict with governing law and the
declaration, articles of incorporation or association, or bylaws of
the association.
(d) The rule is adopted, amended, or repealed in good faith and in
substantial compliance with the requirements of this article.
(e) The rule is reasonable.
SEC. 14. 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. 15. 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 restrictions, Section
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. 16. 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.
(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. 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.
(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.
(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.
(c) An association may contract with any person or entity to
facilitate compliance with 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. 17. Section 4920 of the Civil Code is amended to read:
4920. (a) Except as provided in subdivision (b), the association
shall give notice of the time and place of a board meeting at least
four days before the meeting.
(b) (1) If a board meeting is an emergency meeting held pursuant
to Section 4923, the association is not required to give notice of
the time and place of the meeting.
(2) If a nonemergency board meeting is held solely in executive
session, the association shall give notice of the time and place of
the meeting at least two days prior to the meeting.
(3) If the association's governing documents require a longer
period of notice than is required by this section, the association
shall comply with the period stated in its governing documents,
except for a notice of an emergency meeting or a meeting held solely
in executive session when the governing documents do not specifically
provide a period of notice for these meetings.
(c) Notice of a board meeting shall be given by general delivery
pursuant to Section 4045.
(d) Notice of a board meeting shall contain the agenda for the
meeting.
SEC. 18. 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. 19. Section 65582 of the Government Code is amended to read:
65582. As used in this article, the following definitions apply:
(a) "Community," "locality," "local government," or "jurisdiction"
means a city, city and county, or county.
(b) "Council of governments" means a single or multicounty council
created by a joint powers agreement pursuant to Chapter 5
(commencing with Section 6500) of Division 1 of Title 1.
(c) "Department" means the Department of Housing and Community
Development.
(d) "Emergency shelter" has the same meaning as defined in
subdivision (e) of Section 50801 of the Health and Safety Code.
(e) "Housing element" or "element" means the housing element of
the community's general plan, as required pursuant to this article
and subdivision (c) of Section 65302.
(f) "Supportive housing" means housing with no limit on length of
stay, that is occupied by the target population, and that is linked
to an onsite or offsite service that assists the supportive housing
resident in retaining the housing, improving his or her health
status, and maximizing his or her ability to live and, when possible,
work in the community.
(g) "Target population" means persons with low incomes who have
one or more disabilities, including mental illness, HIV or AIDS,
substance abuse, or other chronic health condition, or individuals
eligible for services provided pursuant to the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing
with Section 4500) of the Welfare and Institutions Code) and may
include, among other populations, adults, emancipated minors,
families with children, elderly persons, young adults aging out of
the foster care system, individuals exiting from institutional
settings, veterans, and homeless people.
(h) "Transitional housing" means buildings configured as rental
housing developments, but operated under program requirements that
require the termination of assistance and recirculating of the
assisted unit to another eligible program recipient at a
predetermined future point in time that shall be no less than six
months from the beginning of the assistance.
SEC. 20. Section 65585.2 of the Government Code is repealed.
SEC. 21. 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) Except as provided in subparagraph (B), commencing July 1,
2014, in order to be approved and listed by the State Fire Marshal,
a smoke alarm that is only operated by a battery shall contain a
nonreplaceable, nonremovable battery that is capable of powering the
smoke alarm for at least 10 years.
(B) This paragraph shall not apply to smoke alarms that have been
ordered by, or are in the inventory of, an owner, managing agent,
contractor, wholesaler, or retailer on or before July 1, 2014,
until July 1, 2015.
(3) (A) Commencing 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, and
incorporate a hush feature.
(B)
(4) The State Fire Marshal shall have the authority to
create exceptions to this paragraph
paragraphs (2) and (3) 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.
(4)
(5) 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.
SEC. 22. Section 50675.14 of the Health and Safety Code is amended
to read:
50675.14. (a) This section shall apply only to projects funded
with funds appropriated for supportive housing projects.
(b) For purposes of this section the following terms have the
following meanings:
(1) "May restrict occupancy to persons with veteran status" means
that the sponsor may limit occupancy to persons meeting the criteria
of paragraphs (1) and (2) of subdivision (j) with respect to either
of the following:
(A) Any unit in the development that has not been previously
occupied.
(B) Any unit in the development that subsequently becomes vacant,
for a period of not more than 120 days following the vacancy.
(2) "Supportive housing" means housing with no limit on length of
stay, that is occupied by the target population, and that is linked
to onsite or offsite services that assist the supportive housing
resident in retaining the housing, improving his or her health
status, and maximizing his or her ability to live and, when possible,
work in the community.
(3) (A) "Target population" means persons, including persons with
disabilities, and families who are "homeless," as that term is
defined by Section 11302 of Title 42 of the United States Code, or
who are "homeless youth," as that term is defined by paragraph (2) of
subdivision (e) of Section 11139.3 of the Government Code.
(B) Individuals and families currently residing in supportive
housing meet the definition of "target population" if the individual
or family was "homeless," as that term is defined by Section 11302 of
Title 42 of the United States Code, when approved for tenancy in the
supportive housing project in which they currently reside.
(c) (1) The department shall ensure that at least 40 percent of
the units in each development funded under the supportive housing
program are targeted to one or more of the following populations:
(A) Individuals or families experiencing "chronic homelessness,"
as defined by the United States Department of Housing and Urban
Development's Super Notice of Funding Availability for Continuum of
Care or Collaborative Applicant Program.
(B) "Homeless youth," as that term is defined by paragraph (2) of
subdivision (e) of Section 11139.3 of the Government Code.
(C) Individuals exiting institutional settings, including, but not
limited to, jails, hospitals, prisons, and institutes of mental
disease, who were homeless when entering the institutional setting,
who have a disability, and who resided in that setting for a period
of not less than 15 days.
(2) The department may decrease the number of units required to
meet the criteria identified in paragraph (1) if the department
determines that the program is undersubscribed after issuing at least
one Notice of Funding Availability.
(3) Individuals and families currently residing in supportive
housing meet the qualifications under this subdivision if the
individual or family met any of the criteria specified in
subparagraph (A), (B), or (C) of paragraph (1) when approved for
tenancy in the supportive housing project in which they currently
reside.
(d) Supportive housing projects shall provide or demonstrate
collaboration with programs that provide services that meet the needs
of the supportive housing residents.
(e) The criteria, established by the department, for selecting
supportive housing projects shall give priority to supportive housing
projects that include a focus on measurable outcomes and a plan for
evaluation, which evaluation shall be submitted by the borrowers,
annually, to the department.
(f) The department may provide higher per-unit loan limits as
reasonably necessary to provide and maintain rents that are
affordable to the target population.
(g) In an evaluation or ranking of a borrower's development and
ownership experience, the department shall consider experience
acquired in the prior 10 years.
(h) (1) A borrower shall, beginning the second year after
supportive housing project occupancy, include the following data in
his or her annual report to the department. However, a borrower who
submits an annual evaluation pursuant to subdivision (c) may,
instead, include this information in the evaluation:
(A) The length of occupancy by each supportive housing resident
for the period covered by the report and, if the resident has moved,
the reason for the move and the type of housing to which the resident
moved, if known.
(B) Changes in each supportive housing resident's employment
status during the previous year.
(C) Changes in each supportive housing resident's source and
amount of income during the previous year.
(D) The tenant's housing status prior to occupancy, including the
term of the tenant's homelessness.
(2) The department shall include aggregate data with respect to
the supportive housing projects described in this section in the
report that it submits to the Legislature pursuant to Section
50675.12.
(i) The department shall consider, commencing in the second year
of the funding, the feasibility and appropriateness of modifying its
regulations to increase the use of funds by small projects. In doing
this, the department shall consider its operational needs and prior
history of funding supportive housing facilities.
(j) Notwithstanding any other provision of law, the sponsor of a
supportive housing development may restrict occupancy to persons with
veteran status if all the following conditions apply:
(1) The veterans possess significant barriers to social
reintegration and employment that require specialized treatment and
services that are due to a physical or mental disability, substance
abuse, or the effects of long-term homelessness.
(2) The veterans are otherwise eligible to reside in an assisted
unit.
(3) The sponsor also provides, or assists in providing, the
specialized treatment and services.
SEC. 23 . Section 6.5 of
this bill incorporates amendments to Section 2924b of the Civil Code
proposed by both this bill and Senate Bill 752. It shall only become
operative if (1) both bills are enacted and become effective on or
before January 1, 2014, (2) each bill amends Section 2924b of the
Civil Code, and (3) this bill is enacted after Senate Bill 752, in
which case Section 6 of this bill shall not become operative.