BILL ANALYSIS Ó
SENATE TRANSPORTATION & HOUSING COMMITTEE BILL NO: SB 992
SENATOR MARK DESAULNIER, CHAIRMAN AUTHOR: Nielsen
VERSION: 3/25/14
Analysis by: Mark Stivers FISCAL: no
Hearing date: April 1, 2014 URGENCY: YES
SUBJECT:
Common interest developments: under-watered plants and lawns
DESCRIPTION:
This bill prohibits a common interest development (CID) from
imposing a fine or assessment against an owner for yard
maintenance issues related to under-watered plants and lawns
during a drought.
ANALYSIS:
A common interest development is a real property development
that includes all of the following: (1) separate ownership of a
lot or unit coupled with an undivided interest in common
property, (2) covenants, conditions, and restrictions that limit
use of both the common area and separate ownership interests,
and (3) management of common property and enforcement of
restrictions by a community association, which is generally
governed by an elected board of directors. Condominiums,
planned unit developments, stock cooperatives, community
apartments, and many resident-owned mobilehome parks all fall
under the CID umbrella.
The Davis-Stirling Common Interest Development Act is the
principal law that governs CIDs in California. Among other
things, the Davis-Stirling Act provides that any provision of
the governing documents is void and unenforceable if it
prohibits or has the effect of prohibiting the use of low
water-using plants as a group, or if it prohibits compliance
with a public water-efficient landscape ordinance or water use
regulation.
This bill prohibits the community association of a CID from
imposing a fine or assessment against an owner for yard
maintenance issues related to under-watered plants and lawns
during any period for which the governor has declared a state of
SB 992 (NIELSEN) Page 2
emergency due to drought.
This bill contains an urgency clause.
COMMENTS:
1.Purpose of the bill . According to the author, Californians
should be participating in every effort to conserve water
during the current drought, and 53 percent of average
household water use - more than 190 gallons per household per
day - is used for landscaping and other outdoor uses.
Reducing water use on landscaping is critical to getting us
through the drought. This bill addresses already reported
anecdotes and anticipates future incidents of homeowner
associations threatening residents with fines for not watering
lawns due to drought conditions.
2.Statewide needs vs. local control . While the benefits of
protecting property owners from fines for not watering during
a drought may be clear, this bill also raises the eternal
question of whether the Legislature should interfere in the
affairs of a CID. Should CIDs have sole authority to regulate
lawn watering matters, even if that results in using scarce
water for landscape? Or is the statewide need for water
savings in a drought compelling enough to override local
control?
3.Concerns raised . The Community Associations Institute has
raised a concern about the aesthetic impact to CIDs and asked
for an amendment to only protect owners who are subject to
state or local water restrictions. This would allow a CID to
fine a homeowner for voluntarily reducing water use, which may
significantly reduce possible water savings from the bill.
4.Urgency clause . Given the severity of the current drought,
this bill contains an urgency clause to help ensure the
fastest possible water savings.
RELATED LEGISLATION:
AB 2100 (Campos) prohibits a city, county, or CID from imposing
a fine or assessment against an owner 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. This bill is in the Assembly Housing and
Community Development Committee.
SB 992 (NIELSEN) Page 3
AB 2104 (Gonzalez) provides that CID governing documents may not
prohibit or have the effect of prohibiting the replacement of
existing turf with low water-using plants. This bill is in the
Assembly Housing and Community Development Committee.
POSITIONS: (Communicated to the committee before noon on
Wednesday, March 26,
2014.)
SUPPORT: California Association of Realtors
OPPOSED: None received.