SB 880 - An Act to Amend Sections 1353.9 and 1363.07 of the Civil Code, Relating to Common Interest Developments, and Declaring the Urgency Thereof, to Take Effect Immediately.

Common interest developments: electric vehicle charging stations. 2011-2012 Legislature. View bill details
Author(s):
Summary:
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. Beginning January 1, 2012, any covenant, restriction, or condition in a deed or other instrument affecting the transfer or sale of an interest in a common interest development, or any… More
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. Beginning January 1, 2012, any covenant, restriction, or condition in a deed or other instrument affecting the transfer or sale of an interest in a common interest development, or any provision of the governing documents of a common interest development, that prohibits or restricts the installation or use of an electric vehicle charging station is void and unenforceable. On and after January 1, 2012, if an electric vehicle charging station is to be placed in a common area, the homeowner and common interest development association shall be subject to certain requirements.

This bill would make those provisions applicable only to the installation or use of an electric vehicle charging station in an owner’s designated parking space, as described. The bill would also provide that any provision in those documents that is in conflict with those requirements is void and unenforceable. The bill would authorize the installation of a charging station for the exclusive use of an owner in a common area that is not an exclusive use common area only if installation in the owner’s designated parking space is impossible or unreasonably expensive. However, the bill would authorize an association or owners to install a charging station in the common area for the use of all members, and would require the association to develop appropriate terms of use for the charging station. The bill would authorize the board of directors of an association to grant exclusive use of a portion of the common area without the affirmative vote of the members of the association for the purpose of installing and using an electric vehicle charging station in an owner’s garage or designated parking space, under specified circumstances, such as when the installation or use of the charging station requires reasonable access through the common area for utility lines or meters.

This bill would declare that it is to take effect immediately as an urgency statute. Hide
 
Status:
The bill has become law (chaptered). 
Assembly Committee on Judiciary Vote: Do pass as amended.

PASSED on January 17, 2012.

voted YES: 6 voted NO: 3
1 voted present/not voting

An Act to Amend Sections 1353.9 and 1363.07 of the Civil Code, Relating to Common Interest Developments, and Declaring the Urgency Thereof, to Take Effect Immediately.

SB 880 — 2011-2012 Legislature

Summary
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. Beginning January 1, 2012, any covenant, restriction, or condition in a deed or other instrument affecting the transfer or sale of an interest in a common interest development, or any provision of the governing documents of a common interest development, that prohibits or restricts the installation or use of an electric vehicle charging station is void and unenforceable. On and after January 1, 2012, if an electric vehicle charging station is to be placed in a common area, the homeowner and common interest development association shall be subject to certain requirements.

This bill would make those provisions applicable only to the installation or use of an electric vehicle charging station in an owner’s designated parking space, as described. The bill would also provide that any provision in those documents that is in conflict with those requirements is void and unenforceable. The bill would authorize the installation of a charging station for the… More
The Davis-Stirling Common Interest Development Act defines and regulates common interest developments, which include community apartment projects, condominium projects, planned developments, and stock cooperatives. Beginning January 1, 2012, any covenant, restriction, or condition in a deed or other instrument affecting the transfer or sale of an interest in a common interest development, or any provision of the governing documents of a common interest development, that prohibits or restricts the installation or use of an electric vehicle charging station is void and unenforceable. On and after January 1, 2012, if an electric vehicle charging station is to be placed in a common area, the homeowner and common interest development association shall be subject to certain requirements.

This bill would make those provisions applicable only to the installation or use of an electric vehicle charging station in an owner’s designated parking space, as described. The bill would also provide that any provision in those documents that is in conflict with those requirements is void and unenforceable. The bill would authorize the installation of a charging station for the exclusive use of an owner in a common area that is not an exclusive use common area only if installation in the owner’s designated parking space is impossible or unreasonably expensive. However, the bill would authorize an association or owners to install a charging station in the common area for the use of all members, and would require the association to develop appropriate terms of use for the charging station. The bill would authorize the board of directors of an association to grant exclusive use of a portion of the common area without the affirmative vote of the members of the association for the purpose of installing and using an electric vehicle charging station in an owner’s garage or designated parking space, under specified circumstances, such as when the installation or use of the charging station requires reasonable access through the common area for utility lines or meters.

This bill would declare that it is to take effect immediately as an urgency statute. Hide
Learn More
At LegInfo.ca.gov
Title
An Act to Amend Sections 1353.9 and 1363.07 of the Civil Code, Relating to Common Interest Developments, and Declaring the Urgency Thereof, to Take Effect Immediately.
Author(s)
Ellen Corbett
Co-Authors
Subjects
  • Common interest developments: electric vehicle charging stations
Major Actions
Introduced2/18/2011
Referred to Committee
Passed Senate Committee on Environmental Quality4/04/2011
Passed Senate5/09/2011
Passed Assembly Committee on Housing and Community Development1/11/2012
Passed Assembly Committee on Judiciary1/17/2012
Passed Assembly1/30/2012
Passed Senate2/23/2012
Presented to the governor (enrolled)2/24/2012
Became law (chaptered).2/29/2012
Bill History
Chamber/CommitteeMotionDateResult
select this voteSenate Committee on Environmental QualityDo pass, but re-refer to the Committee on Appropriations Recommend Consent.4/04/2011This motion PASSED the Senate Committee on Environmental Quality
7 voted YES 0 voted NO 0 voted present/not voting
select this voteSenateConsent Calendar 2nd SB880 Corbett5/09/2011This bill PASSED the Senate
40 voted YES 0 voted NO 0 voted present/not voting
select this voteAssembly Committee on Housing and Community DevelopmentDo pass and be re-referred to the Committee on Judiciary.1/11/2012This motion PASSED the Assembly Committee on Housing and Community Development
6 voted YES 0 voted NO 1 voted present/not voting
currently selectedAssembly Committee on JudiciaryDo pass as amended.1/17/2012This motion PASSED the Assembly Committee on Judiciary
6 voted YES 3 voted NO 1 voted present/not voting
select this voteAssemblySB 880 Corbett Third Reading Urgency By BUTLER1/30/2012This bill PASSED the Assembly
56 voted YES 19 voted NO 5 voted present/not voting
select this voteSenateUnfinished Business SB880 Corbett Urgency Clause Concurrence2/23/2012This bill PASSED the Senate
35 voted YES 0 voted NO 5 voted present/not voting
ActionDateDescription
Introduced2/18/2011
2/18/2011Introduced. Read first time. To Com. on RLS. for assignment. To print.
2/19/2011From printer. May be acted upon on or after March 21.
3/10/2011Referred to Com. on RLS.
3/21/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
3/24/2011Re-referred to Com. on E.Q.
3/30/2011Set for hearing April 4.
select this voteVote4/04/2011Do pass, but re-refer to the Committee on Appropriations Recommend Consent.
4/05/2011From committee: Do pass and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 543.) (April 4). Re-referred to Com. on APPR.
4/13/2011Set for hearing May 2.
5/03/2011From committee: Be placed on second reading file pursuant to Senate Rule 28.8 and ordered to consent calendar.
5/04/2011Read second time. Ordered to consent calendar.
5/09/2011Read third time. Passed. (Ayes 40. Noes 0. Page 905.) Ordered to the Assembly.
5/09/2011In Assembly. Read first time. Held at Desk.
select this voteSenate Vote on Passage5/09/2011Consent Calendar 2nd SB880 Corbett
5/19/2011Referred to Com. on NAT. RES.
9/07/2011From committee with author's amendments. Read second time and amended. Re-referred to Com. on NAT. RES.
1/04/2012Re-referred to Coms. on H. & C.D. and JUD.
1/11/2012From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (January 11). Re-referred to Com. on JUD.
select this voteVote1/11/2012Do pass and be re-referred to the Committee on Judiciary.
1/17/2012From committee: Do pass as amended. (Ayes 6. Noes 3.) (January 17).
currently selectedVote1/17/2012Do pass as amended.
1/18/2012Read second time and amended. Ordered to second reading.
1/19/2012Read second time. Ordered to third reading.
1/23/2012Read third time and amended. (Page 3562.) Ordered to third reading.
1/30/2012Read third time. Urgency clause adopted. Passed. (Ayes 56. Noes 19. Page 3630.) Ordered to the Senate.
select this voteAssembly Vote on Passage1/30/2012SB 880 Corbett Third Reading Urgency By BUTLER
1/31/2012In Senate. Concurrence in Assembly amendments pending.
2/23/2012Urgency clause adopted. Assembly amendments concurred in. (Ayes 35. Noes 0. Page 2838.) Ordered to engrossing and enrolling.
select this voteSenate Vote on Passage2/23/2012Unfinished Business SB880 Corbett Urgency Clause Concurrence
2/24/2012Enrolled and presented to the Governor at 11:15 a.m.
2/29/2012Approved by the Governor.
2/29/2012Chaptered by Secretary of State. Chapter 6, Statutes of 2012.

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An Act to Amend Sections 1353.9 and 1363.07 of the Civil Code, Relating to Common Interest Developments, and Declaring the Urgency Thereof, to Take Effect Immediately.: Do pass as amended.

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0 organizations opposed this motion

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Includes reported contributions to campaigns of Assemblymembers in office on day of vote, from interest groups invested in the vote according to MapLight, January 1, 2011 – December 31, 2012.
Contributions data source: FollowTheMoney.org

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Katcho AchadjianRCA-33$0$0
Luis AlejoDCA-28$0$0
Michael AllenDCA-7$0$0
Tom AmmianoDCA-13$0$0
Toni AtkinsDCA-76$0$0
Jim BeallDCA-24$0$0
Bill BerryhillRCA-26$0$0
Marty BlockDCA-78$0$0
Bob BlumenfieldDCA-40$0$0
Susan BonillaDCA-11$0$0
Steven BradfordDCA-51$0$0
Julia BrownleyDCA-41$0$0
Joan BuchananDCA-15$0$0
Betsy ButlerDCA-53$0$0
Charles CalderonDCA-58$0$0
Nora CamposDCA-23$0$0
Wilmer Amina CarterDCA-62$0$0
Gilbert CedilloDCA-45$0$0
Wesley ChesbroDCA-1$0$0
Connie ConwayRCA-34$0$0
Paul CookRCA-65$0$0
Mike DavisDCA-48$0$0
Roger DickinsonDCA-9$0$0
Tim DonnellyRCA-59$0$0
Mike EngDCA-49$0$0
Mike FeuerDCA-42$0$0
Nathan FletcherRCA-75$0$0
Paul FongDCA-22$0$0
Felipe FuentesDCA-39$0$0
Warren FurutaniDCA-55$0$0
Beth GainesRCA-4$0$0
Cathleen GalgianiDCA-17$0$0
Martin GarrickRCA-74$0$0
Mike GattoDCA-43$0$0
Rich GordonDCA-21$0$0
Jeff GorellRCA-37$0$0
Shannon GroveRCA-32$0$0
Curt HagmanRCA-60$0$0
Linda HaldermanRCA-29$0$0
Isadore HallDCA-52$0$0
Diane HarkeyRCA-73$0$0
Mary HayashiDCA-18$0$0
Roger HernandezDCA-57$0$0
Jerry HillDCA-19$0$0
Alyson HuberDCA-10$0$0
Ben HuesoDCA-79$0$0
Jared HuffmanDCA-6$0$0
Kevin JeffriesRCA-66$0$0
Brian JonesRCA-77$0$0
Steve KnightRCA-36$0$0
Ricardo LaraDCA-50$0$0
Dan LogueRCA-3$0$0
Bonnie LowenthalDCA-54$0$0
Fiona MaDCA-12$0$0
Allan MansoorRCA-68$0$0
Tony MendozaDCA-56$0$0
Jeff MillerRCA-71$0$0
Holly MitchellDCA-47$0$0
Bill MonningDCA-27$0$0
Mike MorrellRCA-63$0$0
Brian NestandeRCA-64$0$0
Jim NielsenRCA-2$0$0
Chris NorbyRCA-72$0$0
Kristin OlsenRCA-25$0$0
Richard PanDCA-5$0$0
Henry PereaDCA-31$0$0
John PerezDCA-46$0$0
Manuel PerezDCA-80$0$0
Anthony PortantinoDCA-44$0$0
Jim SilvaRCA-67$0$0
Nancy SkinnerDCA-14$0$0
Cameron SmythRCA-38$0$0
Jose SolorioDCA-69$0$0
Sandre SwansonDCA-16$0$0
Norma TorresDCA-61$0$0
David ValadaoRCA-30$0$0
Don WagnerRCA-70$0$0
Bob WieckowskiDCA-20$0$0
Das WilliamsDCA-35$0$0
Mariko YamadaDCA-8$0$0

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