BILL NUMBER: AB 2104	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 4735 of the Civil Code is amended to read:
   4735.  (a) Notwithstanding any other law, a provision of the
governing documents  , including, but not limited to,
architectural or landscaping guidelines or policies and decisions by
the board of directors applicable to a specific homeowner, 
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. 
   (3) Prohibits, or includes conditions that have the effect of
prohibiting, the replacement of existing turf with low water-using
plants. 
   (b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with  the requirements of
 subdivision (a).