Amended in Assembly May 5, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 349

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 amended, 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 begin delete low water-using landscapes that require not more than a specified amount of water. end delete begin insert artificial turf or any other synthetic surface that resembles grass. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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The Legislature hereby finds and declares:

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(a) With the lowest snowpack ever recorded, California finds
itself in 2015 in the fourth year of a historic, prolonged, and
potentially devastating drought.

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(b) Governor Jerry Brown issued an Executive Order on April
1, 2015, which, for the first time in California history, directs the
State Water Resources Control Board to implement mandatory
water reductions across the state to reduce water usage by 25
percent.

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(c) One component of the Governor’s Executive Order compels
the replacement of 50 million square feet of lawns throughout the
state with drought tolerant landscaping.

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(d) Among a wide variety of drought tolerant landscaping are
a variety of native plants and landscaping alternatives, including
the installation of synthetic grass or artificial turf.

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(e) According to the Department of Water Resources, landscape
irrigation represents 43 percent of urban water use. The
installation of artificial turf or synthetic grass, in lieu of
conventional lawns and landscapes, can directly reduce outdoor
water use to help meet the Governor’s mandated 25-percent
statewide water use reduction.

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(f) The vast majority of Californians may today elect to install
artificial turf or synthetic grass in their single-family residential
landscapes. Homeowners within common interest developments
should also be afforded a similar opportunity within appropriate
design, aesthetic, and drainage standards defined by their
homeowners’ association.

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begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete 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. end delete begin insert artificial turf or any other synthetic
surface that resembles grass. end insert

(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.