BILL NUMBER: SB 992	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  MAY 28, 2014
	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Nielsen
   (Principal coauthor: Senator Galgiani)
    (   Principal  coauthors:  
Assembly Members   Brown   and Gonzalez  
) 

                        FEBRUARY 12, 2014

   An act to amend Section 4735 of  , and to add Section 4736 to,
 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 
    Existing law prohibits  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  or the
local government has declared a local emergency  due to drought.

   This bill would exempt from these prohibitions against imposing a
fine or assessment an association that uses recycled water for
landscape irrigation.  
   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.  
   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. 
   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 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. 
   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  , except an association that uses recycled water, as
defined in Section 13050 of the Water Code, for landscaping
irrigation,  shall not impose a fine or assessment against
 a member   an owner  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.
   SEC. 1.5.    Section 4735 of the   Civil
Code   is amended to read: 
   4735.  (a) Notwithstanding any other law, a provision of the
governing documents  or architectural or landscaping guidelines
or policies  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.
  group or as a replacement of existing turf. 
   (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  , except an association that uses  
recycled water, as defined in Section 13050 of the Water Code, for
landscaping irrigation,  shall not impose a fine or assessment
against  a member   an owner  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.
   SEC. 2.    Section 4736 is added to the  
Civil Code   , to read:  
   4736.  (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. 
   SEC. 3.    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. 
   SEC. 2.   SEC. 4.   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.