BILL NUMBER: AB 1061	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Lieu
   (Coauthor: Assembly Member Skinner)
   (Coauthors: Senators Hancock and Lowenthal)

                        FEBRUARY 27, 2009

   An act to repeal and add Section 1353.8 of the Civil Code,
relating to common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1061, as introduced, Lieu. Common interest developments:
water-efficient landscapes.
   Existing law requires a local agency to adopt a specified updated
model ordinance regarding water-efficient landscapes or a
water-efficient landscape ordinance that is at least as effective in
conserving water as the updated model ordinance. Existing law allows
certain water providers to take specified actions regarding water
conservation.
   The Davis-Stirling Common Interest Development Act provides for
the creation and regulation of common interest developments. The act
provides that the architectural guidelines of a common interest
development shall not prohibit or include conditions that have the
effect of prohibiting the use of low water-using plants as a group.
   This bill would, instead, provide that a provision of any of the
governing documents of a common interest development shall be void
and unenforceable if it prohibits, or includes conditions that have
the effect of prohibiting, the use of low water-using plants as a
group, or has the effect of prohibiting or restricting compliance
with a local water-efficient landscape ordinance or water
conservation measure described above.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Landscapes are essential to the quality of life in California,
and are an important aesthetic element with economic value in common
interest developments.
   (b) According to the Center for California Homeowner Associations
Law, nearly 25 percent of the state's population lives in a common
interest development.
   (c) Landscape design, installation, maintenance, and management
can and should be water efficient. The use of water-efficient
landscapes contributes to the state's efforts to increase the
reliability of its water supplies.
   (d) There are common interest developments with governing
documents that hinder or preclude property owners from complying with
applicable water conservation requirements.
   (e) It is in the public interest to ensure that property owners
within a common interest development comply with water conservation
requirements, while permitting common interest developments to
maintain their interest in preserving a uniform landscape aesthetic.
   (f) It is also in the public interest to ensure that property
owners within a common interest development may comply with emergency
water use regulations adopted by authorized providers of public
water supply.
  SEC. 2.  Section 1353.8 of the Civil Code is repealed. 
   1353.8.  The architectural guidelines of a common interest
development shall not prohibit or include conditions that have the
effect of prohibiting the use of low water-using plants as a group.

  SEC. 3.  Section 1353.8 is added to the Civil Code, to read:
   1353.8.  Notwithstanding any other law, a provision of any of the
governing documents of a common interest development shall be void
and unenforceable if it does any of the following:
   (a) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group.
   (b) Has the effect of prohibiting or restricting compliance with
either of the following:
   (1) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
   (2) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.