BILL ANALYSIS Ó
SB 992
Page 1
SENATE THIRD READING
SB 992 (Nielsen)
As Amended May 28, 2014
2/3 vote. Urgency
SENATE VOTE :36-0
HOUSING 6-0
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|Ayes:|Beth Gaines, Ammiano, | | |
| |Brown, Maienschein, | | |
| |Quirk-Silva, Yamada | | |
| | | | |
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SUMMARY : Prohibits a homeowners association (HOA) in a common
interest development (CID) from imposing a fine or assessment
against a member who reduces or eliminates watering of
vegetation or lawns during any period during which the Governor
has declared an emergency due to drought. Includes an urgency
clause.
FISCAL EFFECT : None
COMMENTS : There are over 49,000 CIDs in the state that range in
size from three to 27,000 units. CIDs make up over 4.9 million
housing units which represents approximately one quarter of the
state's housing stock. CIDs include condominiums, community
apartment projects, housing cooperatives, and planned unit
developments. They are characterized by a separate ownership of
dwelling space coupled with an undivided interest in a common
property, covenants and conditions that limit the use of common
area, separate ownership interests, the management of common
property, and enforcement of restrictions by a HOA. CIDs are
governed by the Davis-Stirling Act as well as the governing
documents of the HOA including bylaws, declaration, and
operating rules.
CIDs and droughts: Under existing law the governing documents
of a CID cannot prohibit a homeowner from installing low
water-using plants as a group. In addition, HOAs cannot prevent
a homeowner from installing landscaping that complies with a
city's or county's water-efficient landscape ordinance or from
complying with any restrictions on watering that a city or
SB 992
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county adopts in response to severe water shortages. There is
nothing that prohibits an HOA from requiring a homeowner to
water their lawn in a case where the Governor has declared a
drought but there is no local ordinance restricting water use.
This bill would make it clear that if the Governor declared a
state of emergency due to a drought that homeowners could stop
watering their lawns without being fined by the HOA. The bill
does not prevent a HOA from fining a homeowner if they do not
maintain their yard or comply with requirements in state law to
keep weeds and vegetation at a minimum in high fire areas.
Existing law requires the Governor to declare an end to a state
of emergency, in this case a drought, as soon as conditions
warrant it.
In the beginning of this year, due to record low rainfall, the
Governor declared a drought emergency. The Governor's
declaration called on residents to voluntarily reduce water
consumption by 20%. Local governments have authority to declare
a state of emergency through an ordinance. Many cities have
enacted ordinances to restrict watering lawns to a specified
number of days per week during the drought.
The Governor issued the following directive in a subsequent
declaration:
Homeowners Associations (commonly known as HOAs) have
reportedly fined or threatened to fine homeowners who
comply with water conservation measures adopted by a
public agency or private water company. To prevent
this practice, pursuant to Government Code Section
8567, I order that any provision of the governing
document, architectural or landscaping guidelines, or
policies of a common interest development will be void
and unenforceable to the extent it has the effect of
prohibiting compliance with the water-saving measures
contained in this directive, or any conservation
measure adopted by a public agency or private water
company, any provision of Division 4, Part 5
(commencing with Section 4000) of the Civil Code
notwithstanding.
Related legislation: This bill is almost identical to AB 2100
SB 992
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(Campos) of the current legislative session, which passed out of
the Assembly Housing and Community Development committee with a
7-0 vote.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0004046