BILL NUMBER: AB 2104	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 14, 2014
	PASSED THE ASSEMBLY  AUGUST 18, 2014
	AMENDED IN SENATE  AUGUST 12, 2014
	AMENDED IN ASSEMBLY  APRIL 1, 2014

INTRODUCED BY   Assembly Member Gonzalez
   (Principal coauthor: Senator Nielsen)

                        FEBRUARY 20, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2104, Gonzalez. Common interest developments: water-efficient
landscapes.
   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, that governs 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.
   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 contains the
above-described prohibitions or prohibits, or includes conditions
that have the effect of prohibiting, low water-using plants as a
replacement of existing turf.


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 or architectural or landscaping guidelines or
policies 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 or as a
replacement of existing turf.
   (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.
   (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 subdivision (a).
   (c) Notwithstanding any other provision of this part, an
association shall not impose a fine or assessment against a member of
a separate interest for reducing or eliminating the watering of
vegetation or lawns during any period for which either of the
following have occurred:
   (1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
   (2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.