SB 1173: Common interest developments: annual notices: time-share plan interests.

The Davis-Stirling Common Interest Development Act defines and regulates common interest developments. Existing law requires a common interest development to be managed by an association, which may be a nonprofit corporation or an unincorporated association created for the purpose of managing the development. Existing law requires the owner of a separate interest in a common interest development to annually provide the association with specified written information, including an address for the purpose of receiving notices from the association. Existing law requires the association to solicit these annual notices of each owner, and authorizes the association, when an owner fails to provide the required notice, to use the last address provided in writing by the owner, except as specified.

The Vacation Ownership and Time-share Act of 2004 requires the association for a time-share plan to maintain among its records a complete list of the names and addresses of all owners of interests in the time-share plan, to update this list no less than every 6 months, and to not publish this list or provide a copy of it to any time-share interest owner or to any 3rd party or use or sell the list for commercial purposes.

This bill would deem a common interest development association, which includes time-share plan interests that are part of a mixed-use project, to have complied with the notice requirements under the Davis-Stirling Common Interest Development Act if, at least once annually, it obtains from the time-share plan association a copy of the list of owners in the time-share plan and enters that data into its books and records. The bill would require the time-share plan association to provide this list to the common interest association at least annually for this purpose.