California Legislature—2013–14 Regular Session

Assembly BillNo. 2104


Introduced by Assembly Member Gonzalez

February 20, 2014


An act to amend Section 4735 of the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL’S DIGEST

AB 2104, as introduced, Gonzalez. 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. That act provides that a provision of any of the common interest development governing documents, as defined, include the declaration and any other documents, such as bylaws and operating rules, that govern the operation of a common interest development, is 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, as described above.

This bill would provide that, with respect to the above-described provisions, governing documents include architectural or landscaping guidelines or policies and decisions by the board of directors applicable to a specific homeowner. The bill would apply these provisions to a prohibition on the replacement of existing turf with low water-using plants, as provided.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 4735 of the Civil Code is amended to
2read:

3

4735.  

(a) Notwithstanding any other law, a provision of the
4governing documentsbegin insert, including, but not limited to, architectural
5or landscaping guidelines or policies and decisions by the board
6of directors applicable to a specific homeowner,end insert
shall be void and
7unenforceable if it does any of the following:

8(1) Prohibits, or includes conditions that have the effect of
9prohibiting, the use of low water-using plants as a group.

10(2) Has the effect of prohibiting or restricting compliance with
11either of the following:

12(A) A water-efficient landscape ordinance adopted or in effect
13pursuant to subdivision (c) of Section 65595 of the Government
14Code.

15(B) Any regulation or restriction on the use of water adopted
16pursuant to Section 353 or 375 of the Water Code.

begin insert

17(3) Prohibits, or includes conditions that have the effect of
18prohibiting, the replacement of existing turf with low water-using
19plants.

end insert

20(b) This section shall not prohibit an association from applying
21landscaping rules established in the governing documents, to the
22extent the rules fully conform withbegin delete the requirements ofend delete subdivision
23(a).



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