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

Official summary

Legislative Counsel’s Digest (official, as of the latest version). Written by nonpartisan legislative staff; reproduced verbatim.

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 member’s separate interest.

This bill would prohibit the governing documents from imposing restrictions on a member’s use of public streets, 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, attorney’s 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 through individual notice by either electronic delivery or first-class mail, evidenced by a certificate of mailing, as specified, if the person or entity authorized to receive payment of assessments on behalf of the association changes, within 60 days of the change. The bill would require the association, if a member fails to make the next 2 consecutive assessment payments following the individual notice, to send a notice by certified mail with return receipt requested to that member, except as specified. The bill would require the association to maintain records confirming that individual notices were distributed.

Existing law provides that assessments, including the costs of collection, late charges, and interest, are a lien on the member’s 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 liable to the member for specified fees if the association fails to comply with these procedures. If the association fails to comply with these procedures, as specified, and the failure is the 3rd failure within a 5-year period, the bill would make the board liable to the member for a civil penalty of $1,000 and would require it to notify members by general notice of its failure to comply.

Sponsors

Sponsors by party (alphabetical): Democratic 4

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. September 20, 2026Vetoed by Governor.
2. September 8, 2026Enrolled and presented to the Governor at 3:30 p.m.
3. August 28, 2026Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 6812.).
4. August 27, 2026In Assembly. Concurrence in Senate amendments pending.
5. August 27, 2026Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 5.).
6. August 24, 2026Read second time. Ordered to third reading.
7. August 21, 2026Read third time and amended. Ordered to second reading.
8. June 29, 2026Read second time and amended. Ordered to third reading.
9. June 25, 2026From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (June 23).
10. June 18, 2026Read second time and amended. Re-referred to Com. on JUD.
11. June 17, 2026From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 1.) (June 16).
12. May 13, 2026Referred to Coms. on HOUSING and JUD.