BILL ANALYSIS Ó
SB 992
Page 1
SENATE THIRD READING
SB 992 (Nielsen)
As Amended August 22, 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 : Excludes homeowners associations (HOAs) that use
recycled water, as defined, for landscaping irrigation from the
prohibition on fining an owner that eliminates or reduces
watering of vegetation or lawns during a locally or state
declared drought. Specifically, this bill:
1)Excludes HOAs that use recycled water, as defined, for
landscaping irrigation from the prohibition on fining an owner
that eliminates or reduces watering of vegetation or lawns
during a locally or state declared drought.
2)Makes any provision of the governing documents of an HOA void
and unenforceable if they require "pressure washing" of 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.
3)Define "pressure washing" as the use of a high-pressure
sprayer or hose and potable water to remove loose paint, mold,
grime, dust , mud, and dirt from services and objects
including buildings, vehicles, and concrete surfaces.
4)Includes chaptering amendments to address conflicts with AB
2100 (Campos), Chapter 164, Statutes of 2014, and AB 2104
(Gonzalez) of the current legislative session.
5)Includes an urgency clause.
FISCAL EFFECT : None
SB 992
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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
county adopts in response to severe water shortages. AB 2100
which was signed into law earlier this year 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 allow an HOA
that uses recycled water for landscaping vegetation to fine a
homeowner that stops or reduces watering of their lawn. The
exemption was requested by HOAs who argue that the use of
recycled water would mitigate the need for a prohibition on
fining homeowners for failing to water their lawns. This bill
also prohibits HOAs from requiring a homeowner to pressure wash
their home during a locally or state declared drought.
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.
Related legislation: This bill incorporates changes made to
statute by AB 2100, which was signed into law earlier this year.
It also includes chaptering amendments to avoid conflicts with
SB 992
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AB 2104 which has been submitted to the Governor.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0005299