AB 786, as amended, Levine. 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 wouldbegin delete limitend deletebegin insert reviseend insert that exception tobegin delete only associations that use recycled water for all home and common areaend deletebegin insert instead authorize the owner of a separate interest to be fined or assessed if the property subject to the fine or assessment has previously
received, and continues to receive, recycled water forend insert landscaping irrigation.
This bill would incorporate additional changes to Section 4735 of the Civil Code proposed by AB 349 that would become operative if this bill and AB 349 are enacted and this bill is enacted last.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2⁄3. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature finds and declares that due to
2the ongoing emergency drought conditions thebegin delete Stateend deletebegin insert stateend insert should
3maximize opportunities to conserve potable water, including
4encouraging homeowners to limitbegin delete water intensiveend deletebegin insert the watering of
5outdoorend insert landscaping and removing all impediments to that goal.
Section 4735 of the Civil Code is amended to read:
(a) Notwithstanding any other law, a provision of the
8governing documents or architectural or landscaping guidelines
9or policies shall be void and unenforceable if it does any of the
10following:
11(1) Prohibits, or includes conditions that have the effect of
12prohibiting, the use of low water-using plants as a group or as a
13replacement of existing turf.
14(2) Has the effect of prohibiting or restricting compliance with
15either of the following:
P3 1(A) A water-efficient landscape ordinance adopted or in effect
2pursuant to subdivision (c) of Section 65595 of the Government
3Code.
4(B) Any
regulation or restriction on the use of water adopted
5pursuant to Section 353 or 375 of the Water Code.
6(b) This section shall not prohibit an association from applying
7landscaping rules established in the governing documents, to the
8extent the rules fully conform with subdivision (a).
9(c) Notwithstanding any other provision of this part,begin delete an exceptbegin insert as provided in subdivision (d),end insert an association
10association,end delete
11begin delete where recycled water, as defined in Section 13050 of the Water
12Code, is used for all home and common area landscaping irrigation,end delete
13
shall not impose a fine or assessment against an owner of a separate
14interest for reducing or eliminating the watering of vegetation or
15lawns during any period for which either of the following have
16occurred:
17(1) The Governor has declared a state of emergency due to
18drought pursuant to subdivision (b) of Section 8558 of the
19Government Code.
20(2) A local government has declared a local emergency due to
21drought pursuant to subdivision (c) of Section 8558 of the
22Government Code.
23(d) An owner of a separate interest may be subject to a fine or
24assessment if the property subject to the fine or assessment has
25previously received, and continues to receive, recycled water, as
26defined in Section 13050 of the Water Code, for
landscaping
27irrigation.
Section 4735 of the Civil Code is amended to read:
(a) Notwithstanding any other law, a provision of the
30governing documents or architectural or landscaping guidelines
31or policies shall be void and unenforceable if it does any of the
32following:
33(1) Prohibits, or includes conditions that have the effect of
34prohibiting, the use of low water-using plants as a group or as a
35replacement of existing turf.
36(2) Prohibits, or includes conditions that have the effect of
37prohibiting, the use of artificial turf or any other synthetic surface
38that resembles grass.
39(3) Has the effect of prohibiting or restricting compliance with
40either of the following:
P4 1(A) A water-efficient landscape ordinance adopted or in effect
2pursuant to subdivision (c) of Section 65595 of the Government
3Code.
4(B) Any regulation or restriction on the use of water adopted
5pursuant to Section 353 or 375 of the Water Code.
6(b) This section shall not prohibit an association from applying
7landscaping rules established in the governing documents, to the
8extent the rules fully conform with subdivision (a).
9(c) Notwithstanding any other provision of this part,begin delete an exceptbegin insert
as provided in subdivision (d),end insert an association
10association,end delete
11begin delete where recycled water, as defined in Section 13050 of the Water
12Code, is used for all home and common area landscaping irrigation,end delete
13 shall not impose a fine or assessment against an owner of a separate
14interest for reducing or eliminating the watering of vegetation or
15lawns during any period for which either of the following have
16occurred:
17(1) The Governor has declared a state of emergency due to
18drought pursuant to subdivision (b) of Section 8558 of the
19Government Code.
20(2) A local government has declared a local emergency due to
21drought pursuant to subdivision (c) of Section 8558 of the
22Government Code.
23(d) An owner of a separate interest may be subject to a fine or
24assessment if the property subject to the fine or assessment has
25previously received, and continues to receive, recycled water, as
26defined in Section 13050 of the Water Code, for landscaping
27irrigation.
28(d)
end delete
29begin insert(e)end insertbegin insert end insert An owner of a separate interest upon which water-efficient
30landscaping measures have been installed in response to a
31declaration of a state
of emergency described in subdivision (c)
32shall not be required to reverse or remove the water-efficient
33landscaping measures upon the conclusion of the state of
34emergency.
Section 2.5 of this bill incorporates amendments to
36Section 4735 of the Civil Code proposed by both this bill and
37Assembly Bill 349. It shall only become operative if (1) both bills
38are enacted and become effective, (2) each bill amends Section
394735 of the Civil Code, and (3) this bill is enacted after Assembly
P5 1Bill 349, in which case Section 2 of this bill shall not become
2operative.
This act is an urgency statute necessary for the
4immediate preservation of the public peace, health, or safety within
5the meaning of Article IV of the Constitution and shall go into
6immediate effect. The facts constituting the necessity are:
7California is in a state of emergency because of the continued
8drought. In response, Governor Brown issued Executive Order
9B-29-15, ordering a 25 percent statewide reduction in urban water
10consumption. Because residential landscaping accounts for 35
11percent or more of the average urban water usage statewide, many
12homeowners have voluntarily ceased watering landscaping in order
13to assist with the drought emergency. However, some homeowners
14associations have interpreted existing law to allow them to fine
15
homeowners who voluntarily cease using potable water on their
16landscaping if the homeowners association itself is using a de
17minimis amount of recycled water on common areas. This is
18directly contrary to the state’s need to conserve the precious and
19dwindling water supplied for urban, agricultural, and environmental
20needs.
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