SB 992, as amended, Nielsen. Common interest developments: property use and maintenance.
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.
This bill would prohibit an association
from imposing a fine or assessment on separate interest owners forbegin delete yard maintenance issues related to under-watered plants andend deletebegin insert reducing or eliminating watering of vegetation orend insert lawns during any period for which the Governor has declared a state of emergency due to drought.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4735 of the Civil Code is amended to
2read:
(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
17extent the rules fully conform with the requirements of subdivision
18(a).
19(c) Notwithstanding any other provision of this part, an
20association shall not impose a fine or assessment against an owner
21of a separate interestbegin delete for yard maintenance issues related to begin insert for reducing or eliminating watering of
22under-watered plants andend delete
23vegetation orend insert lawns during any period for which the Governor has
24
declared a state of emergency due to droughtbegin insert pursuant to
25subdivision (b) of Section 8558 of the Government Codeend insert.
This act is an urgency statute necessary for the
27immediate preservation of the public peace, health, or safety within
28the meaning of Article IV of the Constitution and shall go into
29immediate effect. The facts constituting the necessity are:
30The Governor has proclaimed a state of emergency to exist in
31California due to current drought conditions. In order to respond
P3 1to these current drought conditions as quickly as possible, it is
2necessary for this act to take effect immediately.
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