SB 992,
as amended, Nielsen. begin deleteMaintenance of exclusive areas: fines. end deletebegin insertCommon interest developments: property use and maintenance.end insert
The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law provides that, unless otherwise provided in the common interest development declaration, 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 that interest. Existing law makes void and unenforceable any provision of the governing documents of a common interest development or association that prohibits use of low water-using plants, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water, as specified.
end insertbegin insertThis 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.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertThe 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.
end deleteThis 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.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 4735 of the end insertbegin insertCivil Codeend insertbegin insert is amended to
2read:end insert
(a) Notwithstanding any other law, a provision of the
4governing documents shall be void and unenforceable if it does
5any of the following:
6(1) Prohibits, or includes conditions that have the effect of
7prohibiting, the use of low water-using plants as a group.
8(2) Has the effect of prohibiting or restricting compliance with
9either of the following:
10(A) A water-efficient landscape ordinance adopted or in effect
11pursuant to subdivision (c) of Section 65595 of the Government
12Code.
13(B) Any regulation or restriction on the use of water adopted
14pursuant to Section 353 or 375 of
the Water Code.
15(b) This section shall not prohibit an association from applying
16landscaping rules established in the governing documents, to the
P3 1extent the rules fully conform with the requirements of subdivision
2(a).
3(c) Notwithstanding any other provision of this part, an
4association shall not impose a fine or assessment against an owner
5of a separate interest for yard maintenance issues related to
6under-watered plants and lawns during any period for which the
7Governor has declared a state of emergency due to drought.
This act is an urgency statute necessary for the
9immediate preservation of the public peace, health, or safety within
10the meaning of Article IV of the Constitution and shall go into
11immediate effect. The facts constituting the necessity are:
12The Governor has proclaimed a state of emergency to exist in
13California due to current drought conditions. In order to respond
14to these current drought conditions as quickly as possible, it is
15necessary for this act to take effect immediately.
Section 4775 of the Civil Code is amended to
17read:
(a) Unless otherwise provided in the declaration of a
19common interest development, the association is responsible for
20repairing, replacing, or maintaining the common area, other than
21exclusive use common area, and the owner of each separate interest
22is responsible for maintaining that separate interest and any
23exclusive use common area appurtenant to the separate interest.
24(b) The costs of temporary relocation during the repair and
25maintenance of the areas within the responsibility of the association
26shall be borne by the owner of the separate interest affected.
27(c) Notwithstanding any other provision of this part, an
28
association shall not impose a fine or assessment against an owner
29of a separate interest for yard maintenance issues related to
30under-watered plants and lawns during any period for which the
31Governor has declared a state of emergency due to drought.
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