BILL ANALYSIS Ó
AB 349
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 349
(Gonzalez) - As Amended May 5, 2015
SUBJECT: Common interest developments: property use and
maintenance.
SUMMARY: Makes the governing documents, architectural or
landscaping guidelines, or policies of a common interest
development (CID) void and unenforceable if they prohibit the
use of artificial turf or any other synthetic surface that
resembles grass.
EXISTING LAW:
1)Defines the governing documents to mean the declaration, any
other documents such as the bylaws, operating rules of the
homeowners association (HOA), articles of incorporation, or
articles of association, which govern the operation of the CID
or HOA. (Civil Code Section 4150)
2)Makes the governing documents of a CID void and unenforceable
if they do any of the following:
a) Prohibit or include conditions that have the effect of
prohibiting low water-using plants as a group;
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b) Restrict compliance with a water-efficient landscape
ordinance adopted by a local government; or
c) Prohibit compliance with any regulation or restriction
on the use of water due to severe water shortage. (Civil
Code Section 4735)
FISCAL EFFECT: None.
COMMENTS:
Background : There are over 50,220 CIDs in the state that
comprise over 4.8 million housing units, or approximately one
quarter of the state's housing stock. CIDs include
condominiums, community apartment projects, housing
cooperatives, and planned unit developments. They are
characterized by a separate ownership of dwelling space coupled
with an undivided interest in a common property, restricted by
covenants and conditions that limit the use of common area and
the separate ownership interests, and the management of common
property and enforcement of restrictions by a HOA. CIDs are
governed by the Davis Stirling Act (the Act) as well as the
governing documents of the association, including bylaws,
declaration, and operating rules. CIDs are run by volunteer
boards of directors (boards) the members of which may have
little or no experience managing real property or governing a
nonprofit association and who must interpret the complex laws
regulating CIDs. Boards must not only interpret the law, but
enforce the restrictions and rules imposed by the governing
documents and state law.
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Under existing law the governing documents of a CID cannot
prohibit a homeowner from installing low water-using plants as a
group. In addition, CIDs 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 349 would prohibit an HOA from preventing a homeowner from
installing artificial turf or synthetic grass. Existing law
allows an HOA to apply landscaping rules that are included in
the governing documents, as long as those rules do not have the
effect of prohibiting the of use of low-water using plants or
prevent a homeowner from complying with a local water-efficient
landscaping ordinance. Under this bill, this provision would
also apply to artificial turf or synthetic grass. As a result,
an HOA could establish reasonable design and quality
restrictions about the type of artificial turf a homeowner can
use, including for example, the color and replacement
requirements, as long as those restrictions did not effectively
make it impossible for a homeowner to install artificial turf.
Purpose of the bill : According to the author, "this year was
the lowest snowpack ever recorded, and California is in the
fourth year of a historic, prolonged and potentially devastating
drought. Governor Brown issued an Executive Order on April 1,
2015, which, for the first time ever 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. 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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Given the extent and breadth of this drought situation, all
reasonable opportunities to improve water savings and efficiency
should be available to all communities. 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. According to the Department
of Water Resources, landscape irrigation represents 43% of urban
water use, and 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.
Today, the vast majority of Californians may elect to install
artificial turf or synthetic grass in their single-family
residential landscapes, and homeowners within common interest
developments should also be afforded a similar opportunity
within appropriate design, aesthetic, and drainage standards
defined by the homeowners' association."
Related legislation : SB 759 (Lieu) (2011): Would have made the
governing documents of a CID void if they prohibited or included
provisions that effectively prohibited the installation of
artificial turf or any synthetic surface that resembles grass.
This bill was vetoed by the Governor. The veto message stated:
"I am returning Senate Bill 759 without my signature.
Under this bill, homeowners associations that govern Common
Interest Developments would be forced to approve the
installation of Astro Turf. The decision about choosing
synthetic turf instead of natural vegetation should be left to
individual homeowners associations, not mandated by state law.
For this reason, I am returning this bill."
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AB 1793 (Saldana) (2010): Would have made the governing
documents of a CID void if they prohibited or included
provisions that effectively prohibited the installation of
artificial turf or any synthetic surface that resembles grass.
This bill was vetoed by the Governor. The veto message stated:
I am returning Assembly Bill 1793 without my signature.
This bill would void a provision in the governing documents of
a common interest development (CID) if it prohibits the use of
artificial turf or any other synthetic surface that resembles
grass in its landscaping rules and regulations.
CIDs provide a system of self-governance through a community
association, responsible for managing, maintaining, and
repairing the common areas, and have the authority to enforce
special rules. Decisions such as these regarding the use of
artificial turf can be made by the homeowners and amended into
their governing documents.
For this reason I cannot sign this bill.
Arguments in support: According to the sponsor, the San Diego
Water Authority, "as we continue well into the fourth
consecutive year of a prolonged drought situation in 2015 and
possibly beyond, we believe that all reasonable opportunities to
improve water savings efficiency should be available to
communities. The use of synthetic turf is one method of
reducing water consumption while still allowing property owners
to incorporate expanses of green in their landscaping. We
believe that AB 349 represents a responsible approach to
balancing the advancement of water use efficiency in communities
through the state while retaining important design and aesthetic
oversight of the homeowners association."
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Arguments in Opposition : The Educational Community for
Homeowners (ECHO) opposes AB 349 because of the "unknown health
impacts that could be caused by synthetic turf" and supports
additional study of the use of artificial turf.
REGISTERED SUPPORT / OPPOSITION:
Support
San Diego County Water Authority (sponsor)
Association of Water Agencies
California Association of Realtors
California Municipal Utilities Association
Desert Water Agency
Lakeside Water District
Valley Water Municipal Water District
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Opposition
Educational Community for Homeowners (ECHO)
Analysis Prepared by:Lisa Engel / H. & C.D. / (916) 319-2085