BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 992| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED 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. CONTINUED 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, CONTINUED 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 **** END **** CONTINUED