Amended in Senate August 12, 2014

Amended in Assembly April 1, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2104


Introduced by Assembly Member Gonzalez

begin insert

(Principal coauthor: Senator Nielsen)

end insert

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 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, including 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 a provision of the governing documents or of the architectural or landscaping guidelines or policies shall be void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, low water-using plants as a group or as a replacement of existing turf, or if the provision has the effect of prohibiting or restricting compliance with a local water-efficient landscape ordinance or water conservation measure.

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

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

begin deleteP2    1

SECTION 1.  

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

3

4735.  

(a) Notwithstanding any other law, a provision of the
4governing documents or architectural or landscaping guidelines
5or policies shall be void and unenforceable if it does any of the
6following:

7(1) Prohibits, or includes conditions that have the effect of
8prohibiting, the use of low water-using plants as a group or as a
9replacement of existing turf.

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.

17(b) This section shall not prohibit an association from applying
18landscaping rules established in the governing documents, to the
19extent the rules fully conform with subdivision (a).

end delete
20begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4735 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
21read:end insert

22

4735.  

(a) Notwithstanding any other law, a provision of the
23governing documentsbegin insert or architectural or landscaping guidelines
24or policiesend insert
shall be void and unenforceable if it does any of the
25following:

P3    1(1) Prohibits, or includes conditions that have the effect of
2prohibiting, the use of low water-using plants as a groupbegin insert or as a
3replacement of existing turfend insert
.

4(2) Has the effect of prohibiting or restricting compliance with
5either of the following:

6(A) A water-efficient landscape ordinance adopted or in effect
7pursuant to subdivision (c) of Section 65595 of the Government
8Code.

9(B) Any regulation or restriction on the use of water adopted
10pursuant to Section 353 or 375 of the Water Code.

11(b) This section shall not prohibit an association from applying
12landscaping rules established in the governing documents, to the
13extent the rules fully conform withbegin delete the requirements ofend delete subdivision
14(a).

15(c) Notwithstanding any other provision of this part, an
16association shall not impose a fine or assessment against a member
17of a separate interest for reducing or eliminating the watering of
18vegetation or lawns during any period for which either of the
19following have occurred:

20(1) The Governor has declared a state of emergency due to
21drought pursuant to subdivision (b) of Section 8558 of the
22Government Code.

23(2) A local government has declared a local emergency due to
24drought pursuant to subdivision (c) of Section 8558 of the
25Government Code.



O

    97