Amended in Assembly August 22, 2014

Amended in Assembly May 28, 2014

Amended in Senate March 25, 2014

Senate Bill No. 992

Introduced by Senator Nielsen

(Principal coauthor: Senator Galgiani)

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(Principal coauthors: Assembly Members Brown and Gonzalez)

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February 12, 2014

An act to amend Section 4735 of begin insert , and to add Section 4736 to, end insert 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.

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This bill would prohibit

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begin insert Existing law prohibits end insert an association from imposing a fine or assessment on separate interest owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency begin insert or the local government has declared a local emergency end insert due to drought.

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This bill would exempt from these prohibitions against imposing a fine or assessment an association that uses recycled water for landscape irrigation.

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This bill would also provide that a provision of the governing documents is void and enforceable if it requires pressure washing, as defined, the exterior of a separate interest and any exclusive use common area appurtenant to the separate interest during a state or local government declared drought emergency.

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This bill would incorporate additional changes in Section 4735 of the Civil Code proposed in AB 2104, that would become operative only if AB 2104 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

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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:

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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 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.

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begin insert SECTION 1. end insert   

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begin insert Section 4735 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

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 begin delete the requirements of end delete subdivision
(a).

(c) Notwithstanding any other provision of this part, an
association begin insert , except an association that uses recycled water, as
defined in Section 13050 of the Water Code, for landscaping
irrigation, end insert shall not impose a fine or assessment against begin delete a member end delete
begin insert an owner end insert of a separate interest for reducing or eliminating the
watering of vegetation or lawns during any period for which either
of the following have occurred:

(1) The Governor has declared a state of emergency due to
drought pursuant to subdivision (b) of Section 8558 of the
Government Code.

(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the
Government Code.

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begin insert SEC. 1.5. end insert   

end insert

begin insert Section 4735 of the end insert begin insert Civil Code end insert begin insert is amended to read: end insert

4735.  

(a) Notwithstanding any other law, a provision of the
governing documents begin insert or architectural or landscaping guidelines
or policies end insert 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 begin delete group. end delete begin insert group
or as a replacement of existing turf. end insert

(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 begin delete the requirements of end delete subdivision
(a).

(c) Notwithstanding any other provision of this part, an
association begin insert , except an association that uses recycled water, as
defined in Section 13050 of the Water Code, for landscaping
irrigation, end insert shall not impose a fine or assessment against begin delete a member end delete
begin insert an owner end insert of a separate interest for reducing or eliminating the
watering of vegetation or lawns during any period for which either
of the following have occurred:

(1) The Governor has declared a state of emergency due to
drought pursuant to subdivision (b) of Section 8558 of the
Government Code.

(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the
Government Code.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 4736 is added to the end insert begin insert Civil Code end insert begin insert , to read: end insert

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begin insert 4736. end insert   

(a) A provision of the governing documents shall be
void and unenforceable if it requires pressure washing the exterior
of a separate interest and any exclusive use common area
appurtenant to the separate interest during a state or local
government declared drought emergency.

(b) For purposes of this section, “pressure washing” means the
use of a high-pressure sprayer or hose and potable water to remove
loose paint, mold, grime, dust, mud, and dirt from surfaces and
objects, including buildings, vehicles, and concrete surfaces.

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begin insert SEC. 3. end insert   

end insert begin insert

Section 1.5 of this bill incorporates amendments to
Section 4735 of the Civil Code proposed by both this bill and
Assembly Bill 2104. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015,
but this bill becomes operative first, (2) each bill amends Section
4735 of the Civil Code, and (3) this bill is enacted after Assembly
Bill 2104, in which case Section 4735 of the Civil Code, as
amended by Section 1 of this bill, shall remain operative only until
the operative date of Assembly Bill 2104, at which time Section
1.5 of this bill shall become operative.

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begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

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.