BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                 UNFINISHED BUSINESS


          Bill No:  SB 992
          Author:   Nielsen (R), et al.
          Amended:  8/22/14
          Vote:     27 - Urgency


           SENATE TRANSPORTATION & HOUSING COMMITTEE  :  11-0, 4/1/14
          AYES:  DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,  
            Lara, Liu, Pavley, Roth, Wyland

           SENATE FLOOR  :  36-0, 4/7/14
          AYES:  Anderson, Beall, Berryhill, Block, Cannella, Corbett,  
            Correa, De León, DeSaulnier, Evans, Fuller, Gaines, Galgiani,  
            Hancock, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu,  
            Liu, Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley,  
            Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland
          NO VOTE RECORDED:  Calderon, Hernandez, Wright, Yee

           ASSEMBLY FLOOR  :  79-0, 8/26/14 - See last page for vote


           SUBJECT  :    Common interest developments:  property use and  
          maintenance

           SOURCE  :     Author


           DIGEST  :    This bill 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.  

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                                                                     SB 992
                                                                     Page  
          2

           Assembly amendments  revise and recast the bill by deleting  
          provisions which prohibited a CID from imposing a fine or  
          assessment against an owner for under-watering plants and lawns  
          during a drought, and instead add the current language related  
          to recycled water use and power washing.

           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.

          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:

          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. 


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                                                                     SB 992
                                                                     Page  
          3

          4.Includes chaptering amendments to address conflicts with AB  
            2100 (Campos, Chapter 164, Statutes of 2014), and AB 2104  
            (Gonzalez).  

           Comments  

          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.  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.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   Local:  
           No

           SUPPORT  :   (Verified  8/26/14)

          Community Associations Institute
          Scotts Miracle Grow

           ASSEMBLY FLOOR :  79-0, 8/26/14
          AYES:  Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian  
            Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,  
            Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,  
            Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,  
            Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández,  
            Holden, Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,  
            Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,  
            Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.  
            Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,  

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                                                                     SB 992
                                                                     Page  
          4

            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins
          NO VOTE RECORDED:  Vacancy


          JA:ed  8/27/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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