BILL ANALYSIS Ó
AB 2100
Page 1
ASSEMBLY THIRD READING
AB 2100 (Campos)
As Amended April 24, 2014
Majority vote
HOUSING 7-0
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|Ayes:|Chau, Beth Gaines, | | |
| |Gordon, Brown, | | |
| |Maienschein, Quirk-Silva, | | |
| |Yamada | | |
|-----+--------------------------+-----+---------------------------|
| | | | |
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SUMMARY : Prohibits a homeowners association (HOA) in a common
interest development (CID) from fining a homeowner who reduces
or eliminates watering during a declared state of emergency due
to drought. Specifically, this bill prohibits an HOA from
imposing a fine or assessment against a member who reduces or
eliminates watering of vegetation or lawns during any period
during which the Governor or local government has declared an
emergency due to drought.
FISCAL EFFECT : None
COMMENTS : There are over 50,000 CIDs in the state that range in
size from three to 27,000 units. CIDs make up over 4.9 million
housing units which represents approximately one quarter of the
state's housing stock. CIDs include condominiums, community
apartment projects, housing cooperatives, and planned unit
developments. CIDs are governed by the Davis Stirling Act as
well as the governing documents of the HOA including bylaws,
declaration, and operating rules.
In the beginning of this year, due to record low rainfall, the
Governor declared a drought emergency. The governor's
declaration called on residents to voluntarily reduce water
consumption by 20%. Local governments have authority to declare
a state of emergency through an ordinance. Many cities have
enacted ordinances to restrict watering lawns to a specified
number of days per week during the drought.
Purpose of this bill: According to the author, "California is
AB 2100
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suffering through a historic drought and everyone is being asked
to conserve and reduce water usage. Despite these efforts at
least one HOA has levied fines against homeowners who are saving
water. AB 2100 would prohibit HOAs (and local governments) from
fining a homeowner who chooses to conserve water by reducing his
or her watering of their lawns or plants during a state or
locally declared emergency due to drought."
CIDs and droughts: Under existing law the governing documents
of a CID cannot prohibit a homeowner from installing low
water-using plants as a group. In addition, HOAs cannot prevent
a homeowner from installing landscaping that complies with a
city's or county's water-efficient landscape ordinance or from
complying with any restrictions on watering that a city or
county adopts in response to severe water shortages. There is
nothing that prohibits an HOA from requiring a homeowner to
water their lawn in a case where the Governor has declared a
drought but there is no local ordinance restricting water use.
This bill would make it clear that if the Governor declared a
state of emergency due to a drought that homeowners could stop
watering their lawns without being fined by the HOA. The bill
does not prevent an HOA from fining a homeowner if they do not
maintain their yard or comply with requirements in state law to
keep weeds and vegetation at a minimum in high fire areas.
Existing law requires the Governor to declare an end to a state
of emergency, in this case a drought, as soon as conditions
warrant it.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0003266