BILL NUMBER: SB 992	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 28, 2014
	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Nielsen
    (   Principal coauthor:   Senator 
 Galgiani   ) 
    (  Coauthor:   Senator
  Galgiani   ) 

                        FEBRUARY 12, 2014

   An act to amend Section 4735 of the Civil Code, relating to common
interest developments, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   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 for  yard maintenance
issues related to under-watered plants and   reducing or
eliminating watering of vegetation or  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 1.  Section 4735 of the Civil Code is amended to read:
   4735.  (a) Notwithstanding any other law, a provision of the
governing documents 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.
   (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 the requirements of subdivision
(a).
   (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   for reducing or eliminating
watering of vegetation or  lawns during any period for which the
Governor has declared a state of emergency due to drought 
pursuant to subdivision (b) of Section 8558 of the Government Code
 .
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   The Governor has proclaimed a state of emergency to exist in
California due to current drought conditions. In order to respond to
these current drought conditions as quickly as possible, it is
necessary for this act to take effect immediately.