Bus. & Prof. Code §11003.4. “Limited-equity Housing Cooperative” and “Workforce Housing Cooperative Trust”

California Business and Professions Code  >  Bus. & Prof. Code §11003.4. “Limited-equity Housing Cooperative” and “Workforce Housing Cooperative Trust”
(a) A “limited-equity housing cooperative” or a “workforce housing cooperative trust” is a corporation that meets the criteria of Section 11003.2 and that also meets the criteria of Sections 817 and 817.1 of the Civil Code, as applicable. Except as provided in subdivision (b), a limited-equity housing or workforce housing cooperative trust shall be subject to all the requirements of this chapter pertaining to stock cooperatives.
(b) A limited-equity housing cooperative or a workforce housing cooperative trust shall be exempt from the requirements of this chapter if the limited-equity housing cooperative or workforce housing cooperative trust complies with all the following conditions:
(1) The United States Department of Housing and Urban Development, the United States Department of Agriculture, the National Consumers Cooperative Bank, the California Housing Finance Agency, the Public Employees’ Retirement System (PERS), the State Teachers’ Retirement System (STRS), the Department of Housing and Community Development, the Federal Home Loan Bank System or any of its member institutions, a state or federally chartered credit union, a state or federally certified community development financial institution, or the city, county, school district, or redevelopment agency in which the cooperative is located, alone or in any combination with each other, directly finances or subsidizes at least 50 percent of the total construction or development cost or one hundred thousand dollars ($100,000), whichever is less; or the real property to be occupied by the cooperative was sold or leased by the Transportation Agency, other state agency, a city, a county, or a school district for the development of the cooperative and has a regulatory agreement approved by the Department of Housing and Community Development for the term of the permanent financing, notwithstanding the source of the permanent subsidy or financing.
(2) No more than 20 percent of the total development cost of a limited-equity mobilehome park, and no more than 10 percent of the total development cost of other limited-equity housing cooperatives, is provided by purchasers of membership shares.
(3) A regulatory agreement that covers the cooperative for a term of at least as long as the duration of the permanent financing or subsidy, notwithstanding the source of the permanent subsidy or financing has been duly executed between the recipient of the financing and either (A) one of the federal or state agencies specified in paragraph (1) or (B) a local public agency that is providing financing for the project under a regulatory agreement meeting standards of the Department of Housing and Community Development. The regulatory agreement shall make provision for at least all of the following:
(A) Assurances for completion of the common areas and facilities to be owned or leased by the limited-equity housing cooperative, unless a construction agreement between the same parties contains written assurances for completion.
(B) Governing instruments for the organization and operation of the housing cooperative by the members.
(C) The ongoing fiscal management of the project by the cooperative, including an adequate budget, reserves, and provisions for maintenance and management.
(D) Distribution of a membership information report to any prospective purchaser of a membership share, prior to purchase of that share. The membership information report shall contain full disclosure of the financial obligations and responsibilities of cooperative membership, the resale of shares, the financing of the cooperative including any arrangements made with any partners, membership share accounts, occupancy restrictions, management arrangements, and any other information pertinent to the benefits, risks, and obligations of cooperative ownership.
(4) Each party that executes the regulatory agreement shall satisfy itself that the bylaws, articles of incorporation, occupancy agreement, subscription agreement, any lease of the regulated premises, any arrangement with partners, and arrangement for membership share accounts provide adequate protection of the rights of cooperative members.
(5) Each provider of financing or subsidies shall receive from the attorney for the recipient of the financing or subsidy a legal opinion that the cooperative meets the requirements of Section 817 of the Civil Code and the exemption provided by this section.
(c) Any limited-equity cooperative, or workforce housing cooperative trust that meets the requirements for exemption pursuant to subdivision (b) may elect to be subject to all provisions of this chapter.
(d) The developer of the cooperative shall notify the Bureau of Real Estate, on a form provided by the bureau, that an exemption is claimed under this section. The Bureau of Real Estate shall retain this form for at least four years for statistical purposes. [2014]

Bus. & Prof. Code §11010. Requirements for DRE Public Report

California Business and Professions Code  >  Bus. & Prof. Code §11010. Requirements for BRE Public Report

(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. For subdivided lands that were subject to the imposition of a condition pursuant to subdivision (b) of Section 66473.7 of the Government Code, the true statement of the provisions made for water shall be satisfied by submitting a copy of the written verification of the available water supply obtained pursuant to Section 66473.7 of the Government Code.

(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 that is a lien upon the subdivision or any part thereof, and that 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, of the amount of any indebtedness that 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 that 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 notice pursuant to Section 1102.6c of the Civil Code.

(12) (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 shall immediately provide the department with the name, address, and telephone number of that district.

(13) (A)  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. If the property is located within an airport influence area, the following statement shall be included in the notice of intention:

NOTICE OF AIRPORT IN VICINITY

This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors). Individual sensitivities to those annoyances can vary from person to person. You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.

(B)  For purposes of this section, an “airport influence area,” also known as an “airport referral area,” is the area in which current or future airport-related noise, overflight, safety, or airspace protection factors may significantly affect land uses or necessitate restrictions on those uses as determined by an airport land use commission.

(14) A true statement, if applicable, referencing any soils or geologic report or soils and geologic reports that have been prepared specifically for the subdivision.

(15) 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 when information concerning soil conditions in the subdivision is available.

(16) On or after July 1, 2005, as to property located within the jurisdiction of the San Francisco Bay Conservation and Development Commission, a statement that the property is so located and the following notice:

NOTICE OF SAN FRANCISCO BAY CONSERVATION

AND DEVELOPMENT COMMISSION JURISDICTION

This property is located within the jurisdiction of the San Francisco Bay Conservation and Development Commission. Use and development of property within the commission’s jurisdiction may be subject to special regulations, restrictions, and permit requirements. You may wish to investigate and determine whether they are acceptable to you and your intended use of the property before you complete your transaction.

(17) If the property is presently located within one mile of a parcel of real property designated as “Prime Farmland,” “Farmland of Statewide Importance,” “Unique Farmland,” “Farmland of Local Importance,” or “Grazing Land” on the most current “Important Farmland Map” issued by the California Department of Conservation, Division of Land Resource Protection, utilizing solely the county-level GIS map data, if any, available on the Farmland Mapping and Monitoring Program Website. If the residential property is within one mile of a designated farmland area, the report shall contain the following notice:

NOTICE OF RIGHT TO FARM

This property is located within one mile of a farm or ranch land designated on the current county-level GIS “Important Farmland Map,” issued by the California Department of Conservation, Division of Land Resource Protection. Accordingly, the property may be subject to inconveniences or discomforts resulting from agricultural operations that are a normal and necessary aspect of living in a community with a strong rural character and a healthy agricultural sector. Customary agricultural practices in farm operations may include, but are not limited to, noise, odors, dust, light, insects, the operation of pumps and machinery, the storage and disposal of manure, bee pollination, and the ground or aerial application of fertilizers, pesticides, and herbicides. These agricultural practices may occur at any time during the 24-hour day. Individual sensitivities to those practices can vary from person to person. You may wish to consider the impacts of such agricultural practices before you complete your purchase. Please be advised that you may be barred from obtaining legal remedies against agricultural practices conducted in a manner consistent with proper and accepted customs and standards pursuant to Section 3482.5 of the Civil Code or any pertinent local ordinance.

(18) Any other information that the owner, their 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. [2021]

Bus. & Prof. Code §11211. Purposes of Act

California Business and Professions Code  >  Bus. & Prof. Code §11211. Purposes of Act
 The purposes of this chapter are to do all of the following:
(a) Provide full and fair disclosure to the purchasers and prospective purchasers of time-share plans.
(b) Require certain time-share plans offered for sale or created and existing in this state to be subject to the provisions of this chapter.
(c) Recognize that the tourism industry in this state is a vital part of the state’s economy; that the sale, promotion, and use of time-share plans is an emerging, distinct segment of the tourism industry; that this segment of the tourism industry continues to grow, both in volume of sales and in complexity and variety of product structures; and that a uniform and consistent method of regulation is necessary in order to safeguard California’s tourism industry and the state’s economic well-being.
(d) In order to protect the quality of California time-share plans and the consumers who purchase them, it is the intent of the Legislature that this chapter be interpreted broadly in order to encompass all forms of time-share plans with a duration of at least three years that are created with respect to accommodations that are located in the state or that are offered for sale in the state, including, but not limited to, condominiums, cooperatives, vacation clubs, and multisite vacation plans.
(e) It is the intent of the Legislature that this chapter not be interpreted to preempt the application of, the enforcement of, or alter the standards of, the general consumer protection laws of this state set forth in Sections 17200 to 17209, inclusive, and Sections 17500 to 17539.1, inclusive, of the Business and Professions Code. [2004]

Bus. & Prof. Code §7574.5 Training in Security Officer Skills

California Business and Professions Code  >  Bus. & Prof. Code §7574.5 Training in Security Officer Skills
 (a) Except for a person who has completed the course of training required by Section 7583.45, a person registered pursuant to this chapter shall complete training in security officer skills within six months from the date upon which evidence of registration is issued, or within six months of his or her employment with a proprietary private security officer employer.
(b) A course provider shall issue a certificate to a proprietary private security officer upon satisfactory completion of a required course, conducted in accordance with the department’s requirements. An employer of a proprietary private security officer may provide training programs and courses in addition to the training required in this section.
(c) The department shall develop and approve by regulation a standard course and curriculum for the skills training required by subdivision (a) to promote and protect the safety of persons and the security of property. For this purpose, the department shall, before June 30, 2008, convene an advisory committee consisting of security directors at proprietary facilities, including, but not limited to, sports or entertainment complex owners, retailers, and restaurants, labor organizations representing security officers, law enforcement representatives, representatives of the Commission on Peace Officer Standards and Training, subject matter experts, and other interested parties in order to develop a curriculum for the training of proprietary security officers that features skills, courses, and a minimum number of hours of instruction appropriate to a proprietary private security officer’s worksite or industry. The advisory committee shall not include any representation from private patrol operators, or any trade association representing private patrol operators or security guards or officers.
(d) The course of training required by subdivision (a) may be administered, tested, and certified by any proprietary private security officer employer, organization, or school approved by the department. The department may approve any proprietary private security officer employer, organization, or school to teach the course.
(e) (1) On and after January 1, 2009, a proprietary private security officer employer shall annually provide each employee registered pursuant to this chapter with specifically dedicated review or practice of security officer skills prescribed in the course required in this section. The minimum number of hours shall be established by regulation pursuant to the recommendations of the advisory committee.
(2) A proprietary private security officer employer shall maintain at the principal place of business or branch office a record verifying completion of the review or practice training for a period of not less than two years. The records shall be available for inspection by the department upon request.
(f) This section does not apply to a peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code who has successfully completed a course of study in the exercise of the power to arrest approved by the Commission on Peace Officer Standards and Training. This section does not apply to armored vehicle guards. [2007]

Bus. & Prof. Code §7574.7 Applicability of Section 7574.5

California Business and Professions Code  >  Bus. & Prof. Code §7574.7 Applicability of Section 7574.5
 Section 7574.5 shall apply on and after July 1, 2009, to any person hired as a proprietary private security officer on and after January 1, 2009. For a person hired as a proprietary private security officer before January 1, 2009, that section shall apply on and after January 1, 2010. [2007]

Bus. & Prof. Code §7574.1. Definition of Proprietary Private Security Officer

California Business and Professions Code  >  Bus. & Prof. Code §7574.1. Definition of Proprietary Private Security Officer
 A proprietary private security officer, as used in this chapter, is an unarmed individual who is employed exclusively by any one employer whose primary duty is to provide security services for his or her employer, whose services are not contracted to any other entity or person, and who is not exempt pursuant to Section 7582.2, and who meets both of the following criteria:
(a) Is required to wear a distinctive uniform clearly identifying the individual as a security officer.
(b) Is likely to interact with the public while performing his or her duties. [2005]

Bus. & Prof. Code §7574.2. Registration of Private Security Officer Required

California Business and Professions Code  >  Bus. & Prof. Code §7574.2. Registration of Private Security Officer Required
 A person who meets the definition of a proprietary private security officer shall register with the Department of Consumer Affairs, subject to the adoption of reasonable rules by the director. Those rules shall include, but are not limited to, the following criteria:
(a) Background checks as described in Section 7583.9.
(b) Payment of an application fee. [2005]

Bus. & Prof. Code §7574.3. Effective Dates

California Business and Professions Code  >  Bus. & Prof. Code §7574.3. Effective Dates
 Section 7574.2 shall apply on and after July 1, 2006, to any person hired as a proprietary private security officer on and after January 1, 2006. For a person hired as a proprietary private security officer before January 1, 2006, the section shall apply on and after January 1, 2007. [2005]