AB 2104, as amended, 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,
begin delete includeend delete 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
begin delete that, with respect to the above-described provisions,end delete governing documents begin delete includeend delete architectural or landscaping guidelines or policies begin delete 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.end delete
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4735 of the Civil Code is amended to
(a) Notwithstanding any other law, a provision of the
begin delete, including, but not limited to,end delete architectural
5or landscaping guidelines or policies
begin delete and decisions by the board shall be void and
6of directors applicable to a specific homeowner,end delete
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
begin delete group.end delete
11(2) Has the effect of prohibiting or restricting compliance with
12either of the following:
13(A) A water-efficient landscape ordinance adopted or in effect
14pursuant to subdivision (c) of Section 65595 of the Government
16(B) Any regulation or restriction on the use of water adopted
17pursuant to Section 353 or 375 of the Water Code.
18(3) Prohibits, or includes conditions that have the effect of
19prohibiting, the replacement of existing turf with low water-using
P3 1(b) This section shall not prohibit an association from applying
2landscaping rules established in the governing documents, to the
3extent the rules fully conform with subdivision (a).