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.