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 ofsubdivision (a).