AB 2439: Common Interest Developments: governing documents: assessments.

Session Year: 2025-2026
House: Assembly
Latest Version Date: 2026-03-19

Current Status:

In Progress

(2026-05-05: In Senate. Read first time. To Com. on RLS. for assignment.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

Version:

Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law limits the authority of the governing documents, as defined, to regulate the use of a members separate interest.

This bill would prohibit the governing documents from imposing restrictions on a members use of public roads, except as specified.

Existing law requires that a common interest development be managed by an association and requires that the association levy assessments to fulfill its obligations. Existing law provides that assessments of the association, late charges, reasonable costs of collection, attorneys fees, and interest, as specified, are a debt of a member at the time the assessment or other sums are levied. Existing law requires that an association provide a member making a payment a receipt, upon request, that indicates the date of payment and the person who received it and to provide a mailing address for overnight payment of assessments in the annual statement.

This bill would require the association to notify the members by certified mail, return receipt requested, of a change of a person authorized to receive payment of assessments within 60 days of the change.

Existing law provides that assessments, including the costs of collection, late charges, and interest, are a lien on the members separate interest when the association records a notice of delinquent assessment and follows a specified process, including providing the owner of record a specified notice, at least 30 days prior to recording a lien upon the separate interest. Existing law requires that an association that fails to comply with these procedures recommence the required notice process, prior to recording a lien, and bear the cost of recommencing the notice process.

The bill would make the association board liable to the member for specified costs and penalties, if the association fails to comply with these procedures.

Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments by an association. Existing law authorizes interest to accrue on all sums imposed, including delinquent assessments, reasonable fees and costs of collection, and reasonable attorneys fees, at an annual interest rate not to exceed 12%, commencing 30 days after the assessment becomes due, unless a lesser rate is specified in the declaration. This bill would make a nonsubstantive change to those provisions.

Discussed in Hearing