CA SB 1238
vetoedCommon interest developments: management.
California · 2025-2026 Regular Session · upper
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Quick answers
Did CA SB 1238 pass?
No. CA SB 1238 passed the legislature but was vetoed. Latest recorded action (2026-09-20): In Senate. Consideration of Governor's veto pending.
What is CA SB 1238 about?
(1) Existing law, the Davis-Stirling Common Interest Development Act (act) , provides for the creation and regulation of common interest developments. Existing law defines "management services" for purposes of a common interest development to mean specified acts performed or offered to be performed in an advisory capacity for an association, including implementing provisions of governing documents for the operation of the common interest development. This bill would revise the above definition to specify that it means acts performed or offered to be performed by an agent, including a managing agent and its employees, in an advisory capacity for an association, as prescribed. Existing law imposes certain fiduciary duties on managers and agents of common interest developments. This bill would provide that a managing agent, including its employees, that facilitates specified activities, including reviewing association operating accounts, owes a duty of care that is prudent and provides the highest good faith effort to the association and its members. (2) Existing law requires a common interest development to be managed by an association and requires the association to distribute to its members an annual budget that includes, among other things, a summary of the association's property, general liability, earthquake, flood, and fidelity insurance policies, a review of the financial statement of the association, and an annual policy statement, as provided. Existing law requires the owner of a separate interest in a common interest development to provide specified documents to a prospective purchaser as soon as practicable before the transfer of title or execution of a real property sales contract, including a copy of the most recent distributed annual budget, review of the financial statement, and annual policy statement and a report issued pursuant to the most recent inspection conducted. This bill would require the association, upon request, to provide the owner of a separate interest, or their agent, with those documents as soon as practicable. The bill would require the owner to provide additional information, including, among other things, if separately requested by the purchaser, the location on the first page of the report where certain facts about the exterior elevated elements and the number of units impacted may be found. The bill would make various other related and conforming changes to those provisions. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by AB 739 to be operative only if this bill and AB 739 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 5550 of the Civil Code proposed by AB 2050 to be operative only if this bill and AB 2050 are enacted and this bill is enacted last.
Who sponsors CA SB 1238?
Wahab is the primary sponsor of CA SB 1238.
Description
(1) Existing law, the Davis-Stirling Common Interest Development Act (act) , provides for the creation and regulation of common interest developments. Existing law defines "management services" for purposes of a common interest development to mean specified acts performed or offered to be performed in an advisory capacity for an association, including implementing provisions of governing documents for the operation of the common interest development. This bill would revise the above definition to specify that it means acts performed or offered to be performed by an agent, including a managing agent and its employees, in an advisory capacity for an association, as prescribed. Existing law imposes certain fiduciary duties on managers and agents of common interest developments. This bill would provide that a managing agent, including its employees, that facilitates specified activities, including reviewing association operating accounts, owes a duty of care that is prudent and provides the highest good faith effort to the association and its members. (2) Existing law requires a common interest development to be managed by an association and requires the association to distribute to its members an annual budget that includes, among other things, a summary of the association's property, general liability, earthquake, flood, and fidelity insurance policies, a review of the financial statement of the association, and an annual policy statement, as provided. Existing law requires the owner of a separate interest in a common interest development to provide specified documents to a prospective purchaser as soon as practicable before the transfer of title or execution of a real property sales contract, including a copy of the most recent distributed annual budget, review of the financial statement, and annual policy statement and a report issued pursuant to the most recent inspection conducted. This bill would require the association, upon request, to provide the owner of a separate interest, or their agent, with those documents as soon as practicable. The bill would require the owner to provide additional information, including, among other things, if separately requested by the purchaser, the location on the first page of the report where certain facts about the exterior elevated elements and the number of units impacted may be found. The bill would make various other related and conforming changes to those provisions. This bill would incorporate additional changes to Section 5200 of the Civil Code proposed by AB 739 to be operative only if this bill and AB 739 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 5550 of the Civil Code proposed by AB 2050 to be operative only if this bill and AB 2050 are enacted and this bill is enacted last.
- Introduced
- 2026-02-19
- Latest action
- 2026-09-20 — In Senate. Consideration of Governor's veto pending.
- Bill type
- bill
- Last updated
- —
Subjects
Sponsors
- Wahabauthor
Committees
Not provided by source.
Action timeline
Newest first
2026-09-20
In Senate. Consideration of Governor's veto pending.
2026-09-20
Vetoed by the Governor.
executive-veto
2026-08-31
Enrolled and presented to the Governor at 6 p.m.
2026-08-27
Assembly amendments concurred in. (Ayes 39. Noes 0.) Ordered to engrossing and enrolling.
amendment-passage,committee-passage,committee-passage-favorable
2026-08-26
Read third time. Passed. Ordered to the Senate.
passage,reading-1,reading-3
2026-08-26
In Senate. Concurrence in Assembly amendments pending.
2026-08-26
Read third time. Passed. (Ayes 76. Noes 0. Page 6552.) Ordered to the Senate.
passage,reading-1,reading-3
2026-08-21
Read third time and amended.
amendment-passage,reading-1,reading-3
2026-08-21
Assembly Rule 69(b)(1) suspended.
2026-08-21
Ordered to third reading.
reading-1,reading-3
2026-08-21
Assembly Rule 69(b)(1) suspended. (Ayes 55. Noes 17. Page 6296.)
2026-08-19
Ordered to third reading.
reading-1,reading-3
2026-08-19
Read third time and amended.
amendment-passage,reading-1,reading-3
2026-08-03
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-07-02
Read second time and amended. Ordered to second reading.
amendment-passage,reading-1,reading-2
2026-07-01
From committee: Do pass as amended. (Ayes 9. Noes 3.) (June 30).
amendment-passage,committee-passage,committee-passage-favorable
2026-06-24
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0.) (June 24). Re-referred to Com. on JUD.
committee-passage,committee-passage-favorable,referral-committee
2026-05-26
Referred to Coms. on H. & C.D. and JUD.
referral-committee
2026-05-20
In Assembly. Read first time. Held at Desk.
reading-1
2026-05-19
Read third time. Passed. (Ayes 36. Noes 2. Page 4340.) Ordered to the Assembly.
passage,reading-1,reading-3
2026-05-12
Read second time. Ordered to third reading.
reading-1,reading-2,reading-3
2026-05-11
From committee: Do pass. (Ayes 5. Noes 1. Page 4188.) (May 11).
committee-passage,committee-passage-favorable
2026-05-04
Set for hearing May 11.
2026-04-23
Read second time and amended. Re-referred to Com. on APPR.
amendment-passage,reading-1,reading-2,referral-committee
2026-04-22
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 12. Noes 0. Page 3979.) (April 21).
amendment-passage,committee-passage,committee-passage-favorable,referral-committee
2026-04-17
Set for hearing April 21.
2026-04-16
From committee: Do pass and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 3902.) (April 15). Re-referred to Com. on JUD.
committee-passage,committee-passage-favorable,referral-committee
2026-04-16
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
amendment-passage,committee-passage,reading-1,reading-2,referral-committee
2026-04-02
Set for hearing April 15.
2026-03-31
April 7 hearing postponed by committee.
2026-03-17
Set for hearing April 7.
2026-03-04
Referred to Coms. on HOUSING, JUD., and APPR.
referral-committee
2026-02-20
From printer. May be acted upon on or after March 22.
2026-02-19
Introduced. Read first time. To Com. on RLS. for assignment. To print.
introduction,reading-1,referral-committee
Versions
- 02/19/26 - Introduced — 2026-02-19Compare
- 04/16/26 - Amended Senate — 2026-04-16Compare
- 04/23/26 - Amended Senate — 2026-04-23Compare
- 07/02/26 - Amended Assembly — 2026-07-02Compare
- 08/19/26 - Amended Assembly — 2026-08-19Compare
- 08/21/26 - Amended Assembly — 2026-08-21Compare
- 08/30/26 - Enrolled — 2026-08-30Compare
- (document, no version)Compare
- SB1238Compare
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Votes
Do pass, but first be re-referred to the Committee on [Judiciary]
2026-04-15 · pass · 9-0
Member-level votes (10)
- Ochoa Bogh: yes
- Durazo: yes
- Caballero: yes
- Arreguín: yes
- Cortese: yes
- Cabaldon: yes
- Gonzalez: yes
- Grayson: yes
- Padilla: yes
- Seyarto: other
Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]
2026-04-21 · pass · 12-0
Member-level votes (13)
- Reyes: yes
- Ashby: yes
- Durazo: yes
- Laird: yes
- Weber Pierson: yes
- Umberg: yes
- Caballero: yes
- Allen: yes
- Stern: yes
- Wahab: yes
- Wiener: yes
- Niello: yes
- Valladares: other
Do pass
2026-05-11 · pass · 5-1
Member-level votes (7)
- Cabaldon: yes
- Richardson: yes
- Cervantes: yes
- Grayson: yes
- Wahab: yes
- Seyarto: no
- Dahle: other
3rd Reading
2026-05-19 · pass · 36-2
Member-level votes (40)
- Weber Pierson: yes
- Allen: yes
- Cortese: yes
- Hurtado: yes
- Ochoa Bogh: yes
- Wiener: yes
- Limón: yes
- Grayson: yes
- Becker: yes
- Cervantes: yes
- Rubio: yes
- McGuire: yes
- Stern: yes
- Smallwood-Cuevas: yes
- Gonzalez: yes
- Padilla: yes
- Choi: yes
- Durazo: yes
- Cabaldon: yes
- Arreguín: yes
- Strickland: yes
- Umberg: yes
- Alvarado-Gil: yes
- Ashby: yes
- Menjivar: yes
- Laird: yes
- Valladares: yes
- Blakespear: yes
- Archuleta: yes
- Richardson: yes
- McNerney: yes
- Pérez: yes
- Caballero: yes
- Reyes: yes
- Grove: yes
- Wahab: yes
- Seyarto: no
- Dahle: no
- Jones: other
- Niello: other
Do pass and be re-referred to the Committee on [Judiciary]
2026-06-24 · pass · 9-0
Member-level votes (12)
- Wicks: yes
- Ward: yes
- Haney: yes
- Caloza: yes
- Ávila Farías: yes
- Lee: yes
- Garcia: yes
- Kalra: yes
- Wilson: yes
- Patterson: other
- Tangipa: other
- Ta: other
Do pass as amended.
2026-06-30 · pass · 9-3
Member-level votes (12)
- Bryan: yes
- Stefani: yes
- Connolly: yes
- Bauer-Kahan: yes
- Kalra: yes
- Pacheco: yes
- Zbur: yes
- Harabedian: yes
- Papan: yes
- Dixon: no
- Sanchez: no
- Macedo: no
Related bills
No related bills recorded for this bill.
Official source
Attribution
Data from openstates_api_sync, retrieved 2026-09-21T21:33:52.744420Z
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