BILL NUMBER: SB 992	INTRODUCED
	BILL TEXT


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. 
   (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.