BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 992|
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THIRD READING
Bill No: SB 992
Author: Nielsen (R), et al.
Amended: 3/25/14
Vote: 27 - Urgency
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/1/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SUBJECT : Common interest developments: under-watered plants
and lawns
SOURCE : Author
DIGEST : 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 CID 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.
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The Davis-Stirling Common Interest Development Act
(Davis-Stirling 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
emergency due to drought.
Comments
According to the author, Californians should be participating in
every effort to conserve water during the current drought, and
53% 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/3/14)
California Association of Realtors
East Bay Municipal Utility District
San Diego County Water Authority
JA:e 4/3/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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