SENIOR SENATE PROPOSAL NO. 18
INTRODUCED BY SENIOR SENATOR ERVEN
LEGISLATIVE COUNSEL'S DIGEST
SP 18: CONDOMINIUM FIRE INSURANCE.
UNDER EXISTING LAW, A CONDOMINIUM IS DEFINED AS A TYPE OF COMMON INTEREST DEVELOPMENT CONSISTING OF AN UNDIVIDED INTEREST IN COMMON IN A PORTION OF REAL PROPERTY COUPLED WITH A SEPARATE INTEREST IN SPACE CALLED A UNIT, THE BOUNDARIES OF WHICH ARE DESCRIBED ON A MAP OR PLAN, AS SPECIFIED.
THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION THAT WOULD REQUIRE ANY OWNER OF A CONDOMINIUM UNIT TO CARRY A SUFFICIENT AMOUNT OF FIRE INSURANCE TO COVER ANY LOSS TO AN ADJACENT CONDOMINIUM UNIT CAUSED BY A FIRE ORIGINATING IN THE OWNER’S UNIT, AS SPECIFIED.
VOTE: MAJORITY.
SP 18: RELATING TO CONDOMINIUMS
WHEREAS, MANY CONDOMINIUMS IN CALIFORNIA ARE OWNED BY SENIOR CITIZENS BECAUSE IT IS FINANCIALLY CONVENIENT OR NECESSARY FOR A PERSON TO SELL AND LEAVE HIS OR HER MULTIPLE BEDROOM HOME AND MOVE INTO A SMALLER RESIDENCE WITH LITTLE OR NO YARD MAINTENANCE; AND
WHEREAS, A SENIOR CITIZEN OFTEN USES ALL THE PROCEEDS FROM THE SALE OF HIS OR HER HOME TO PURCHASE THE CONDOMINIUM UNIT; AND
WHEREAS, REAL ESTATE DEVELOPERS HAVE FOUND IT ECONOMICAL TO CONVERT WAREHOUSE, OFFICE BUILDINGS, AND UNOCCUPIED MULTILEVEL DEPARTMENT STORE BUILDINGS INTO LOFT UNITS WITH BASIC PLUMBING, LEAVING THE INTERIOR LAYOUT OF THE UNIT UP TO THE PURCHASER. THE ONLY WALLS PROVIDED ARE THOSE SEPARATING ONE LOFT UNTIL FROM THE ADJACENT LOFT UNITS; AND
WHEREAS, A CONDOMINIUM COMPLEX MAY INCLUDE A COMPLEX CONTAINING CONDOMINIUM UNITS WITH A COMMON GARAGE AREA, TOWNHOUSE UNITS WITH ATTACHED GARAGES, LOFT UNITS WITH A COMMON SHARED GARAGE WITHIN THE COMPLEX, OR ANY OTHER FORM OF HOUSING HERE THE INDIVIDUAL UNITS SHARE COMMON EXTERIOR WALLS REGARDLESS OF THE NUMBER OF FLOORS OR LEVELS; AND
WHEREAS, AN INDIVIDUAL UNIT WITHIN A CONDOMINIUM COMPLEX IS OWNED BY AN INDIVIDUAL WHO EITHER OCCUPIES THE UNIT OR RENTS THE UNIT TO ANOTHER PERSON; AND
WHEREAS, SPECIFIC COVENANTS, CONDITIONS, AND RESTRICTIONS IMPOSED ON THE OWNER OF A UNIT WITHIN A CONDOMINIUM COMPLEX ARE USUALLY ADMINISTERED BY A HOMEOWNERS’ ASSOCIATION THAT IS MANAGED BY A GOVERNING BOARD OF ELECTED HOMEOWNERS; AND
WHEREAS, THOSE COVENANTS, CONDITIONS, AND RESTRICTIONS USUALLY REQUIRE THAT THE HOMEOWNERS’ ASSOCIATION BE RESPONSIBLE FOR MAINTAINING THE EXTERIOR WALLS AND ROOF OF THE COMPLEX, BUT FAIL TO INDICATE WHERE THAT RESPONSIBILITY ENDS, SUCH AS THE EXTERIOR SURFACE, THE STUDS, OR THE INTERIOR SURFACE OF THE STUDS TO WHICH THE GYPSUM BOARD, PARTICLE BOARD, OR INTERIOR WALL SURFACE OF A CONDOMINIUM UNIT IS ATTACHED; AND
WHEREAS, SOME CONDOMINIUM COMPLEXES ARE BUILT WITH AN AIR GAP SEPARATION WITHIN THE TWO WALLS OF ADJACENT UNITS IN ORDER TO REDUCE SOUND OR NOISE TRAVELING BETWEEN THE UNITS. FLOOR JOISTS FOR EACH UNIT ARE ALSO SEPARATED BY AN AIR GAP, THEREBY PROVIDING A FLUE OR CHIMNEY FOR AIR TO RISE FROM THE LOWEST FLOOR TO THE ATTIC WITHOUT THE BENEFIT OF A “FIRE STOP”; AND
WHEREAS, THE USE OF AN AIR GAP BETWEEN CONDOMINIUM UNITS CREATES A “BLAST FURNACE” ENVIRONMENT BECAUSE THERE ARE NOT “FIRE STOPS” INCLUDED TO PREVENT THE RAPID SPREAD OF FIRE BETWEEN UNITS; AND
WHEREAS, SOME COVENANTS, CONDITIONS, AND RESTRICTIONS FAIL TO REQUIRE EACH INDIVIDUAL CONDOMINIUM UNIT OWNER TO CARRY A SUFFICIENT AMOUNT OF FIRE INSURANCE TO COVER PROPERTY DAMAGE TO AN ADJACENT UNIT AS A RESULT OF A FIRE THAT ORIGINATED IN THE OWNER’S UNIT; AND
WHEREAS, THE OWNER OF A CONDOMINIUM UNIT ADJACENT TO A UNIT IN WHICH A FIRE ORIGINATES WILL BE RESPONSIBLE FOR COVERING ANY DAMAGE TO HIS OR HER UNIT IF THE OWNER OF THE ADJACENT UNIT IS NOT CARRYING A SUFFICIENT AMOUNT OF FIRE INSURANCE; NOW, THEREFORE BE IT
RESOLVED, BY THE SENIOR SENATE AND THE SENIOR ASSEMBLY, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THAT THE LEGISLATURE ENACT A STATUTE REQUIRING THAT EVERY OWNER OF A CONDOMINIUM UNIT CARRY A SUFFICIENT AMOUNT OF FIRE INSURANCE TO COVER DAMAGE TO AN ADJACENT UNIT AS A RESULT OF A FIRE STARTED IN THE OWNER’S UNIT; AND BE IT FURTHER
RESOLVED, THAT EVERY OWNER OF A CONDOMINIUM UNIT BE REQUIRED TO PROVIDE A COPY OF HIS OR HER POLICY OF FIRE INSURANCE TO THE GOVERNING HOMEOWNERS ASSOCIATION SHOWING A SUFFICIENT AMOUNT OF INSURANCE TO COVER FIRE DAMAGE TO AN ADJACENT UNIT; AND BE IT FURTHER
RESOLVED, THAT THE HOMEOWNERS ASSOCIATION BE REQUIRED TO CARRY A “BLANKET” POLICY OF FIRE INSURANCE SUFFICIENT TO COVER ANY UNIT THAT IS NOT IN COMPLIANCE WITH THIS REQUIREMENT; AND BE IT FURTHER
RESOLVED, THAT THE HOMEOWNERS ASSOCIATION BE ALLOWED TO PLACE A LIEN ON ANY UNIT NOT IN COMPLIANCE WITH THIS REQUIREMENT IN AN AMOUNT SUFFICIENT TO COVER THE COST ASSOCIATED WITH CARRYING A “BLANKET” INSURANCE POLICY; AND BE IT FURTHER
RESOLVED, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER
RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE PRESIDENT PRO TEMPORE OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.
RN 09 16399
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