BILL ANALYSIS Ó
AB 349
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
349 (Gonzalez)
As Amended August 17, 2015
2/3 vote. Urgency
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|ASSEMBLY: | 73-3 | (May 28, |SENATE: | 38-0 |(August 24, |
| | |2015) | | |2015) |
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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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