BILL NUMBER: AB 349	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez

                        FEBRUARY 17, 2015

   An act to amend Section 4735 of the Civil Code, relating to common
interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   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 1.  Section 4735 of the Civil Code is amended to read:
   4735.  (a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines or
policies shall be void and unenforceable if it does any of the
following:
   (1) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group or as a
replacement of existing turf. 
   (2) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using landscapes that require an
amount of water that is not more than the amount of water required by
low water-using plants. 
    (2)   (3)  Has the effect of
prohibiting or restricting compliance with either of the following:
   (A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
   (B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
   (b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with subdivision (a).
   (c) Notwithstanding any other provision of this part, an
association, except an association that uses recycled water, as
defined in Section 13050 of the Water Code, for landscaping
irrigation, shall not impose a fine or assessment against an owner of
a separate interest for reducing or eliminating the watering of
vegetation or lawns during any period for which either of the
following have occurred:
   (1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
   (2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.