Article 1. General Provisions
11003. "Planned development" has the same
meaning as specified in subdivision (k) of Section
1351 of the Civil
Code.
(Added by Stats. 1965, Ch. 988. Repealed and Added by
Stats. 1985, Ch. 874.)
11003.2. "Stock cooperative" has the same
meaning as specified in subdivision (m) of Section
1351 of the Civil
Code, except that, as used in this chapter, a "stock
cooperative" does not include a limited-equity
housing
cooperative.
(Amended by Stats. 1979, Ch. 1068, Repealed and Added
by Stats. 1985, Ch. 874.)
11003.5. (a) A "time-share project" is one
in which a purchaser receives the right in perpetuity,
for life, or for a term
of years, to the recurrent, exclusive use or occupancy
of a lot, parcel, unit, or segment of real property,
annually or
on some other periodic basis, for a period of time that
has been or will be allotted from the use or occupancy
periods into which the project has been divided.
(b) A "time-share estate" is a right of occupancy
in a time-share project which is coupled with an estate
in the
real property.
(c) A "time-share use" is a license or contractual
or membership right of occupancy in a time-share project
which is not coupled with an estate in the real property.
(Added by Stats. 1980, Ch. 601.)
11004. "Community apartment project" has the
same meaning as specified in subdivision (d) of Section
1351 of the
Civil Code.
(Added by Stats. 1955, Ch. 1013, Repealed and Added
by Stats. 1985, Ch. 874.)
11010. (a) Except as otherwise provided pursuant to
subdivision (c) or elsewhere in this chapter, any person
who
intends to offer subdivided lands within this state
for sale or lease shall file with the Department of
Real Estate an
application for a public report consisting of a notice
of intention and a completed questionnaire on a form
prepared by the department.
(b) The notice of intention shall contain the following
information about the subdivided lands and the proposed
offering:
(1) The name and address of the owner.
(2) The name and address of the subdivider.
(3) The legal description and area of lands.
(4) A true statement of the condition of the title to
the land, particularly including all encumbrances thereon.
(5) A true statement of the terms and conditions on
which it is intended to dispose of the land, together
with
copies of any contracts intended to be used.
(6) A true statement of the provisions, if any, that
have been made for public utilities in the proposed
subdivision, including water, electricity, gas, telephone,
and sewerage facilities.
(7) A true statement of the use or uses for which the
proposed subdivision will be offered.
(8) A true statement of the provisions, if any, limiting
the use or occupancy of the parcels in the subdivision.
(9) A true statement of the amount of indebtedness which
is a lien upon the subdivision or any part thereof,
and
which was incurred to pay for the construction of any
onsite or offsite improvement, or any community or
recreational facility.
(10) A true statement or reasonable estimate, if applicable,
or the amount of any indebtedness which has been or
is proposed to be incurred by an existing or proposed
special district, entity, taxing area, assessment district,
or
community facilities district within the boundaries
of which, the subdivision, or any part thereof, is
located, and
which is to pay for the construction or installation
of any improvement or to furnish community or recreational
facilities to that subdivision, and which amounts are
to be obtained by ad valorem tax or assessment, or
by a
special assessment or tax upon the subdivision, or any
part thereof.
(11) (A) As to each school district serving the subdivision,
a statement from the appropriate district that
indicates the location of each high school, junior high
school, and elementary school serving the subdivision,
or
documentation that a statement to that effect has been
requested from the appropriate school district.
(B) In the event that, as of the date the notice of
intention and application for issuance of a public
report are
otherwise deemed to be qualitatively and substantially
complete pursuant to Section 11010.2, the statement
described in subparagraph (A) has not been provided
by any school district serving the subdivision, the
person
who filed the notice of intention and application for
issuance of a public report immediately shall provide
the
department with the name, address, and telephone number
of that district.
(12) The location of all existing airports, and of all
proposed airports shown on the general plan of any
city or
county, located within two statute miles of the subdivision.
(13) A true statement, if applicable, referencing any
soils or geologic report or soils and geologic reports
that
have been prepared specifically for the subdivision.
(14) A true statement of whether or not fill is used,
or is proposed to be used in the subdivision and a
statement
giving the name and the location of the public agency
where information concerning soil conditions in the
subdivision is available.
(15) Any other information that the owner, his or her
agent, or the subdivider may desire to present.
(c) The commissioner may, by regulation, or on the basis
of the particular circumstances of a proposed offering,
waive the requirement of the submission of a completed
questionnaire if the commissioner determines that
prospective purchasers or lessees of the subdivision
interests to be offered will be adequately protected
through
the issuance of a public report based solely upon information
contained in the notice of intention.
(Amended by Stats. 1988, Ch. 1365; Amended by Stats.
1989, Ch. 1209. Effective October 1, 1989; Amended
by
Stats. 1991, Ch. 263.)
Note: Stats. 1989, Ch. 1209 also reads:
SEC 2. The Legislature finds and declares as follows:
(a) Certain school districts in this state are recipients
of state school construction apportionments under the
State
School Building Aid Law of 1952. Each of those recipient
districts is required under statute to make specified
repayments to the state on the basis of a designated
property tax rate to be applied to property within
the district.
(b) The school facilities funding program currently
employed by this state is the Leroy F. Greene State
School
Building Lease-Purchase Law of 1976, under which sufficient
funding is not available to meet the school facilities
needs of school districts throughout the state.
(c) The application of local funding sources to district
school facilities needs is encouraged, therefore, in
order
to alleviate the statewide demand on the state program
of school facilities funding. Pursuant to that purpose,
the
statutory repayment schedule applicable under the State
School Building Aid Law of 1952 should be revised so
as
to reduce the property tax rate in a qualified recipient
school district, thus facilitating the approval of
a general
obligation bond measure within the district.
(Amended by Stats. 1989, Ch. 1209. Effective October
1, 1989.)