Senate Bill No. 992

Introduced by Senator Nielsen

February 12, 2014

An act to amend Section 4775 of the Civil Code, relating to common interest developments.

LEGISLATIVE COUNSEL’S DIGEST

SB 992, as introduced, Nielsen. Maintenance of exclusive areas: fines.

The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law also set forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined. Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, and replacing the common area, other than the exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest. An association may impose a fine or assessment upon a separate interest owner for failure to maintain his or her property in accordance with the association rules for that development.

This bill would prohibit an association from imposing a fine or assessment on separate interest owners for yard maintenance issues related to under-watered plants and lawns during any period for which the Governor has declared a state of emergency due to drought.

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 4775 of the Civil Code is amended to
read:

4775.  

(a) Unless otherwise provided in the declaration of a
common interest development, the association is responsible for
repairing, replacing, or maintaining the common area, other than
exclusive use common area, and the owner of each separate interest
is responsible for maintaining that separate interest and any
exclusive use common area appurtenant to the separate interest.

(b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.

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(c) Notwithstanding any other provision of this part, an
association shall not impose a fine or assessment against an owner
of a separate interest for yard maintenance issues related to
under-watered plants and lawns during any period for which the
Governor has declared a state of emergency due to drought.

end insert