BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 992|
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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
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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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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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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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