BILL NUMBER: AB 1061	CHAPTERED
	BILL TEXT

	CHAPTER  503
	FILED WITH SECRETARY OF STATE  OCTOBER 11, 2009
	APPROVED BY GOVERNOR  OCTOBER 11, 2009
	PASSED THE SENATE  AUGUST 24, 2009
	PASSED THE ASSEMBLY  AUGUST 27, 2009
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JUNE 29, 2009
	AMENDED IN SENATE  JUNE 10, 2009
	AMENDED IN SENATE  MAY 27, 2009
	AMENDED IN ASSEMBLY  APRIL 15, 2009
	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Lieu
   (Coauthors: Assembly Members Bill Berryhill, Huffman, Jeffries,
Jones, Salas, and Skinner)
   (Coauthors: Senators DeSaulnier, 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, 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 if it has the effect of prohibiting or restricting
compliance with a local water-efficient landscape ordinance or water
conservation measure described above.


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) 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.
   (c) There are common interest developments with governing
documents that hinder or preclude property owners from complying with
applicable water conservation requirements.
   (d) It is in the public interest to ensure that property owners
within a common interest development comply with applicable state and
local ordinances and regulations regarding water conservation and
drought, while maintaining the inherent powers of a common interest
development to establish uniform architectural and landscaping
standards.
   (e) 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.
  SEC. 3.  Section 1353.8 is added to the Civil Code, to read:
   1353.8.  (a) 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:
   (1) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group.
   (2) Has the effect of prohibiting or restricting compliance with
either of the following:
   (A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
   (B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
   (b) This section shall not prohibit an association from applying
landscaping rules and regulations established in the governing
documents, to the extent the rules and regulations fully conform with
the requirements of subdivision (a).