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AMENDED IN ASSEMBLY AUGUST 9, 2010AMENDED IN SENATE APRIL 7, 2010
SENATE BILL  No. 1128
Introduced by Senator DeSaulnier
February 18, 2010An act to amend Sections 1365.2 and 1368 of the Civil Code, relatingto common interest developments.
legislative counsel
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s digest
SB 1128, as amended, DeSaulnier. Common interest developments:governance.The Davis-Stirling Common Interest Development Act, requires thatan owner of a separate interest in a common interest developmentprovide certain items to a prospective purchaser prior to transfer of title,and prohibits an association, community service organization, or similarentity, as de
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ned, from imposing or collecting any assessment, penalty,or fee in connection with a transfer of title or any other interest exceptthe association
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s actual costs to change its records and a speci
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ed chargefor providing certain information upon request. Existing law alsorequires an association, community service organization, or similarentity to make the accounting books and records and the minutes of proceedings of the association available for inspection and copying bya member of the association, or the member
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s designated representative,as provided.This bill would apply these provisions to a nonpro
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t entity thatprovides services to a common interest development under a declarationof trust, as provided, except as speci
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ed.
This bill would also incorporate additional changes to Section 1368of the Civil Code, as proposed by AB 1927, to be operative only if AB
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1927 and this bill are both enacted, each bill amends Section 1368 of the Civil Code, and this bill is enacted after AB 1927.
Vote:   majority. Appropriation:   no. Fiscal committee:   no.State-mandated local program:   no.
The people of the State of California do enact as follows:
123456789101112131415161718192021222324252627282930313233SECTION 1. Section 1365.2 of the Civil Code is amended toread:1365.2. (a)  For the purposes of this section, the followingde
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nitions shall apply:(1)
“
Association records
”
means all of the following:(A)  Any
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nancial document required to be provided to a memberin Section 1365.(B)  Any
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nancial document or statement required to be providedin Section 1368.(C)  Interim
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nancial statements, periodic or as compiled,containing any of the following:(i)  Balance sheet.(ii)  Income and expense statement.(iii)  Budget comparison.(iv)  General ledger. A
“
general ledger
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is a report that showsall transactions that occurred in an association account over aspeci
f
ed period of time.The records described in this subparagraph shall be prepared inaccordance with an accrual or modi
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ed accrual basis of accounting.(D)  Executed contracts not otherwise privileged under law.(E)  Written board approval of vendor or contractor proposalsor invoices.(F)  State and federal tax returns.(G)  Reserve account balances and records of payments madefrom reserve accounts.(H)  Agendas and minutes of meetings of the members, the boardof directors and any committees appointed by the board of directorspursuant to Section 7212 of the Corporations Code; excluding,however, agendas, minutes, and other information from executivesessions of the board of directors as described in Section 1363.05.(I)  (i)  Membership lists, including name, property address, andmailing address, if the conditions set forth in clause (ii) are metand except as otherwise provided in clause (iii).
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123456789101112131415161718192021222324252627282930313233343536373839(ii)  The member requesting the list shall state the purpose forwhich the list is requested which purpose shall be reasonablyrelated to the requester
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s interest as a member. If the associationreasonably believes that the information in the list will be used foranother purpose, it may deny the member access to the list. If therequest is denied, in any subsequent action brought by the memberunder subdivision (f), the association shall have the burden to provethat the member would have allowed use of the information forpurposes unrelated to his or her interest as a member.(iii)  A member of the association may opt out of the sharing of his or her name, property address, and mailing address by notifyingthe association in writing that he or she prefers to be contacted viathe alternative process described in subdivision (c) of Section 8330of the Corporations Code. This opt-out shall remain in effect untilchanged by the member.(J)  Check registers.(2)
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Enhanced association records
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means invoices, receiptsand canceled checks for payments made by the association,purchase orders approved by the association, credit card statementsfor credit cards issued in the name of the association, statementsfor services rendered, and reimbursement requests submitted tothe association, provided that the person submitting thereimbursement request shall be solely responsible for removingall personal identi
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cation information from the request.(b)  (1)  The association shall make available association recordsand enhanced association records for the time periods and withinthe timeframes provided in subdivisions (i) and (j) for inspectionand copying by a member of the association, or the member
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sdesignated representative. The association may bill the requestingmember for the direct and actual cost of copying requesteddocuments. The association shall inform the member of the amountof the copying costs before copying the requested documents.(2)  A member of the association may designate another personto inspect and copy the speci
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ed association records on themember
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s behalf. The member shall make this designation inwriting.(c)  (1)  The association shall make the speci
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ed associationrecords available for inspection and copying in the association
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sbusiness of 
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ce within the common interest development.
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