BILL ANALYSIS Ó
AB 349
Page 1
ASSEMBLY THIRD READING
AB
349 (Gonzalez)
As Amended May 5, 2015
Majority vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+--------------------+----------------------|
|Housing |7-0 |Chau, Steinorth, | |
| | |Burke, Chiu, Beth | |
| | |Gaines, Lopez, | |
| | |Mullin | |
| | | | |
| | | | |
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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.
FISCAL EFFECT: None
COMMENTS: There are over 50,220 CIDs in the state that comprise
over 4.8 million housing units, or approximately one quarter of
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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
homeowners association (HOA). CIDs are governed by the
Davis-Stirling 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.
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.
This bill 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
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homeowner to install artificial turf.
Purpose of this 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%. 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.
"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%
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) of 2011, would have made the
governing documents of a CID void if they prohibited or included
provisions that effectively prohibited the installation of
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artificial turf or any synthetic surface that resembles grass. SB
759 was vetoed by the Governor. The veto message stated:
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.
AB 1793 (Saldana) of 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. AB 1793 was vetoed by the
Governor. The veto message stated:
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.
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Analysis Prepared by:
Lisa Engel / H. & C.D. / (916) 319-2085 FN:
0000435