AB 2873 (Low). Common interest developments.

Most likely a spot bill, this bill would make nonsubstantive changes related to regular and special assessments. On March 28th, this bill was gutted and amended to no longer apply to common interest developments.

Current Status: Dead

FindHOALaw Quick Summary:

Existing law requires a common interest development to levy regular and special assessments to perform its obligations under the governing documents and the act. However, the association is prohibited from imposing or collecting an assessment or fee that exceeds the costs for which it is levied.

Most likely a spot bill, this bill would make nonsubstantive changes Civil Code Section 5600.

**UPDATE: On March 22, 2018, the proposed text of AB 2873 was gutted and amended to no longer apply to common interest developments.

AB 2873, as amended, Low. Common interest developments. Personal Vehicle Sharing Act.

Existing law generally governs the transactions between a rental car company, also referred to as a rental company, and its customers. Existing law defines the term “rental company” for those purposes to mean a person or entity in the business of renting passenger vehicles to the public.

Existing law prohibits a private passenger motor vehicle, as defined, from being classified for insurance purposes as a commercial, for-hire, or permissive use vehicle, or livery solely on the basis of it being used for personal vehicle sharing, as defined, if certain conditions are fulfilled.

This bill would provide that the term “rental company” as used in the provisions governing transactions between a rental car company and its customers does not include a personal vehicle sharing program or a private passenger motor vehicle that is engaged in personal vehicle sharing, as those terms are defined in the provision governing insurance described above.

This bill would enact the Personal Vehicle Sharing Act, and would state that it is the intent of the Legislature in enacting that act to establish baseline consumer protection and transparency with regard to personal vehicle sharing transactions.

The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Existing law, the Davis-Stirling Common Interest Development Act, defines and regulates common interest developments. Existing law requires, with specified exceptions, the association of a common interest development to levy regular and special assessments to perform its obligations under the governing documents and the act. However, the association is prohibited from imposing or collecting an assessment or fee that exceeds the costs for which it is levied.

This bill would make nonsubstantive changes to these provisions.

To read the current text of AB 2873, click here to the view the bill’s page on the California Legislature’s website. FindHOALaw will continue to track AB 2873 as it progresses through the Legislature.