§ 11011

978 words·~4 min read·/ca/business-and-professions-code/11011·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The commissioner may by regulation prescribe filing fees in connection with applications to the Department of Real Estate pursuant to this chapter and if the commissioner determines that lower fees are sufficient to offset the costs and expenses incurred in the administration of this chapter, may prescribe filing fees by regulation that are lower than the fees specified in subdivision (b). The commissioner shall hold at least one hearing each calendar year to determine if lower fees than those specified in subdivision

(b)should be prescribed. At this hearing, the department shall report on the financial status of the department, including the revenues, expenditures, and reserves as of the end of the previous fiscal year. The department shall post a hearing notice 15 days in advance of the hearing that includes the required information about the financial status of the department.

(b)The filing fee for an application for a public report to be issued under authority of this chapter shall be set at the amount prescribed below and shall not exceed the maximum specified for each subdivision or phase of a subdivision in which interests are to be offered for sale or lease:

(1)A notice of intention without a completed questionnaire: Three hundred dollars ($300), not to exceed three hundred ninety dollars ($390).

(2)An original public report for subdivision interests described in Section 11004.5: Three thousand dollars ($3,000), not to exceed three thousand nine hundred dollars ($3,900), plus fifteen dollars ($15), not to exceed twenty dollars ($20), for each subdivision interest to be offered.

(3)An original public report for subdivision interests other than those described in Section 11004.5: One thousand five hundred dollars ($1,500), not to exceed one thousand nine hundred fifty dollars ($1,950), plus fifteen dollars ($15), not to exceed twenty dollars ($20), for each subdivision interest to be offered.

(4)A conditional public report for subdivision interests described in Section 11004.5: One thousand dollars ($1,000), not to exceed one thousand three hundred dollars ($1,300).

(5)A conditional public report for subdivision interests other than those described in Section 11004.5: One thousand dollars ($1,000), not to exceed one thousand three hundred dollars ($1,300).

(6)A preliminary public report for subdivision interests described in Section 11004.5: Five hundred dollars ($500), not to exceed six hundred fifty dollars ($650).

(7)A preliminary public report for subdivision interests other than those described in Section 11004.5: Five hundred dollars ($500), not to exceed six hundred fifty dollars ($650).

(8)A renewal of an original public report for subdivision interests described in Section 11004.5: One thousand five hundred dollars ($1,500), not to exceed one thousand nine hundred fifty dollars ($1,950). A renewal of a preliminary public report for subdivision interests described in Section 11004.5: Six hundred dollars ($600), not to exceed seven hundred eighty dollars ($780). A renewal of a conditional public report for subdivision interests described in Section 11004.5: One thousand dollars ($1,000), not to exceed one thousand three hundred dollars ($1,300).

(9)A renewal of an original or conditional public report for subdivision interests other than those described in Section 11004.5: One thousand dollars ($1,000), not to exceed one thousand three hundred dollars ($1,300). A renewal of a preliminary public report for subdivision interests other than those described in Section 11004.5: Six hundred dollars ($600), not to exceed seven hundred eighty dollars ($780).

(10)An amended original public report for subdivision interests described in Section 11004.5: One thousand five hundred dollars ($1,500), not to exceed one thousand nine hundred fifty dollars ($1,950), plus fifteen dollars ($15), not to exceed twenty dollars ($20), for each subdivision interest to be offered under the amended original public report for which a fee has not previously been paid.

(11)An amended original public report to offer subdivision interests other than those described in Section 11004.5: One thousand dollars ($1,000), not to exceed one thousand three hundred dollars ($1,300), plus fifteen dollars ($15), not to exceed twenty dollars ($20), for each subdivision interest to be offered under the amended original public report for which a fee has not previously been paid.

(12)An amended preliminary public report for subdivision interests described in Section 11004.5 and for subdivision interests other than those described in Section 11004.5: Five hundred dollars ($500), not to exceed six hundred fifty dollars ($650), plus fifteen dollars ($15), not to exceed twenty dollars ($20), for each subdivision interest to be offered under the amended preliminary public report for which a fee has not previously been paid.

(13)An amended conditional public report for subdivision interests described in Section 11004.5 and for subdivision interests other than those described in Section 11004.5: One thousand dollars ($1,000), not to exceed one thousand three hundred dollars ($1,300), plus fifteen dollars ($15), not to exceed twenty dollars ($20), for each subdivision interest to be offered under the amended conditional public report for which a fee has not previously been paid.

(c)The filing fee to review a declaration as described in Section 11010.10 shall be five hundred dollars ($500), not to exceed six hundred fifty dollars ($650).

(d)The actual subdivision fees established by regulation under authority of this section and Section 10249.3 shall not exceed the amount reasonably required by the department to administer this part and Article 8 (commencing with Section 10249) of Chapter 3 of Part 1.

(e)All fees collected by the department under authority of this chapter shall be deposited into the Real Estate Fund under Chapter 6 (commencing with Section 10450) of Part 1. All fees received by the department pursuant to this chapter shall be deemed earned upon receipt. No part of any fee is refundable unless the commissioner determines that it was paid as the result of a mistake or inadvertence.

This section shall remain in effect unless it is superseded pursuant to Section 10226 or subdivision

(a)of Section 10226.5, whichever is applicable.