BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 349


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          349 (Gonzalez)


          As Amended  August 17, 2015


          2/3 vote.  Urgency


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          Original Committee Reference:  H. & C.D.


          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.  Prohibits a CID from requiring an owner of a  
          separate interest to remove or reverse water-efficient  
          landscaping measures, installed in response to a declaration of  
          a state of emergency, upon the conclusion of the state of  
          emergency.  This bill includes an urgency clause.  


          The Senate amendments:


          1)Prohibit a CID from requiring an owner of a separate interest  
            to remove or reverse water-efficient landscaping measures,  
            installed in response to a declaration of a state of  
            emergency, upon the conclusion of the state of emergency.








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          2)Make technical, clarifying changes.


          3)Add a coauthor.


          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  
          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 (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. 


          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  








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          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.    
            


          As amended in the Senate, this bill would also prohibit a CID  
          from requiring an owner of a separate interest to remove or  
          reverse water-efficient landscaping measures, installed in  
          response to a declaration of a state of emergency, upon the  
          conclusion of the state of emergency.


          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  








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          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) of 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.  


          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.   
          This bill was vetoed by the Governor.  


          Analysis Prepared by:                                             
                          Rebecca Rabovsky / H. & C.D. / (916) 319-2085     
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          0001526