Cal. Code Regs. Tit. 10, § 2792.33 - Continuing Care Subdivisions
(a) A "Continuing Care Subdivision" is a
subdivision described in Section 11004.5 of the Code that includes all of the
following:
(1) The subdivision qualifies as
housing for older persons pursuant to
42 USC
3607(b)(2)(c) and Section
51.3 of the
California Civil Code.
(2) The
subdivision offers or provides to its members continuing care services or
assisted living services as described in Section
1771
of the Health and Safety Code.
(3)
The continuing care provider is a person or entity responsible for providing
such continuing care services or assisted living services.
(b) Notwithstanding the provisions of
Sections 2792.17,2792.18, 2792.19 and
2792.21, the governing instruments
of a continuing care subdivision may provide for the following:
(1) A quorum for an adjourned meeting of the
members of the Association as set forth in Section 2792.17(e)(2) of not less
than 15 percent of the total voting power of the Association.
(2) Two classes of membership as defined in
2792.18.
(A) The continuing care provider may be a
Class B member. Class B membership entitles the holder to not more than three
votes for each subdivision interest owned.
(B) The continuing care provider or its
successor may hold at least one Class B membership for as long as the provider
or successor provides continuing care services or assisted living services for
the subdivision.
(C) The governing
instruments shall contain provisions for the resolution of impasses or disputes
between Class A and Class B memberships.
(3) The election by Class B membership of 20
percent of the members of the governing body of the Association.
(4) The governing body of the Association may
enter into an agreement with a continuing care provider to provide for members
of the Association continuing care services or assisted living services as
described in Section 1771 of the Health and safety Code. Such agreements shall
ordinarily include at least the following provisions:
(A) A term of not more than five years with
automatic renewals for a two year period after expiration of the first term
unless the Association by the vote or written assent of a majority of the
voting power residing in members other than the subdivider or continuing care
provider determines not to renew the agreement and gives notice of that
determination. Notice of a determination not to renew shall be given not less
than six months prior to expiration of the first term or of a subsequent
renewal.
(B) Termination for cause
at any time by the governing body.
(C) Review by the governing body not less
than every two years of the performance of the continuing care
provider.
(D) No agreement to
provide continuing care services or assisted living services shall be
terminated unless the governing body has entered into an agreement with another
continuing care provider so that there will be no lapse in services provided to
members.
(c)
The provisions of this section and Section 2792.21 do not apply to continuing
care services or assisted living services agreements between a continuing care
provider and individual members.
(d) If the State Department of Social
Services determines in writing that a conflict exists under Section
1775
of the Health and Safety Code, the Commissioner may vary some of the
requirements of the following regulations in order to remove such conflict:
2792.8, 2792.9, 2792.15, 2792.16, 2792.17, 2792.18, 2792.19, 2792.20, 2792.21,
2792.23, 2792.24, 2792.26, 2792.27 and 2792.28.
Notes
Note: Authority cited: Section 11001, Business and Professions Code. Reference: Section 11018.5, Business and Professions Code; and Section 1775, Health and Safety Code.
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