AB 349, as introduced, Gonzalez. Common interest developments: property use and maintenance.
The Davis-Stirling Common Interest Development Act governs the management and operation of common interest developments. Existing law provides that, unless otherwise provided in the common interest development declaration, the association is responsible for repairing, replacing, or maintaining the common area, other than exclusive use common area, and the owner of each separate interest is responsible for maintaining that separate interest and any exclusive use common area appurtenant to that interest. Existing law makes void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of low water-using plants, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water, as specified.
Existing law also prohibits an association, except an association that uses recycled water for landscape irrigation, from imposing a fine or assessment on separate interest owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency or the local government has declared a local emergency due to drought.
This bill would also make void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of low water-using landscapes that require not more than a specified amount of water.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 4735 of the Civil Code is amended to
2read:
(a) Notwithstanding any other law, a provision of the
4governing documents or architectural or landscaping guidelines
5or policies shall be void and unenforceable if it does any of the
6following:
7(1) Prohibits, or includes conditions that have the effect of
8prohibiting, the use of low water-using plants as a group or as a
9replacement of existing turf.
10(2) Prohibits, or includes conditions that have the effect of
11prohibiting, the use of low water-using landscapes that require
12an amount of water that is not more than the amount of water
13required by low water-using plants.
14begin delete(2)end deletebegin insert(3)end insert Has the effect of prohibiting or restricting compliance
15with either of the following:
16(A) A water-efficient landscape ordinance adopted or in effect
17pursuant to subdivision (c) of Section 65595 of the Government
18Code.
19(B) Any regulation or restriction on the use of water adopted
20pursuant to Section 353 or 375 of the Water Code.
21(b) This section shall not prohibit an association from applying
22landscaping rules established in the governing documents, to the
23extent the rules fully conform with subdivision (a).
24(c) Notwithstanding any other provision of this part, an
25association, except an association that uses recycled water, as
26defined in Section 13050 of the Water Code, for landscaping
27irrigation, shall not impose a fine or assessment against an owner
28of a separate interest for reducing or eliminating the watering of
29vegetation or lawns during any period for which either of the
30
following have occurred:
P3 1(1) The Governor has declared a state of emergency due to
2drought pursuant to subdivision (b) of Section 8558 of the
3Government Code.
4(2) A local government has declared a local emergency due to
5drought pursuant to subdivision (c) of Section 8558 of the
6Government Code.
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