BILL NUMBER: AB 786 CHAPTERED
BILL TEXT
CHAPTER 780
FILED WITH SECRETARY OF STATE OCTOBER 11, 2015
APPROVED BY GOVERNOR OCTOBER 11, 2015
PASSED THE SENATE SEPTEMBER 8, 2015
PASSED THE ASSEMBLY SEPTEMBER 11, 2015
AMENDED IN SENATE SEPTEMBER 2, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE AUGUST 19, 2015
AMENDED IN ASSEMBLY APRIL 21, 2015
INTRODUCED BY Assembly Member Levine
FEBRUARY 25, 2015
An act to amend Section 4735 of the Civil Code, relating to common
interest developments, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 786, 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 would revise that exception to instead authorize the
imposition of a fine or assessment against the owner of a separate
interest that receives recycled water from a retail water supplier,
as defined, and fails to use that recycled water for 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares that due to the
ongoing emergency drought conditions the state should maximize
opportunities to conserve potable water, including encouraging
homeowners to limit the watering of outdoor landscaping and removing
all impediments to that goal.
SEC. 2. Section 4735 of the Civil Code is amended to read:
4735. (a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines or
policies shall be void and unenforceable if it does any of the
following:
(1) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group or as a
replacement of existing turf.
(2) Has the effect of prohibiting or restricting compliance with
either of the following:
(A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
(b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with subdivision (a).
(c) Notwithstanding any other provision of this part, except as
provided in subdivision (d), an association shall not impose a fine
or assessment against an owner of a separate interest for reducing or
eliminating the watering of vegetation or lawns during any period
for which either of the following have occurred:
(1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.
(d) Subdivision (c) shall not apply to an owner of a separate
interest that, prior to the imposition of a fine or assessment
described in subdivision (c), receives recycled water, as defined in
Section 13050 of the Water Code, from a retail water supplier, as
defined in Section 13575 of the Water Code, and fails to use that
recycled water for landscaping irrigation.
SEC. 2.5. Section 4735 of the Civil Code is amended to read:
4735. (a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines or
policies shall be void and unenforceable if it does any of the
following:
(1) Prohibits, or includes conditions that have the effect of
prohibiting, the use of low water-using plants as a group or as a
replacement of existing turf.
(2) Prohibits, or includes conditions that have the effect of
prohibiting, the use of artificial turf or any other synthetic
surface that resembles grass.
(3) Has the effect of prohibiting or restricting compliance with
either of the following:
(A) A water-efficient landscape ordinance adopted or in effect
pursuant to subdivision (c) of Section 65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted
pursuant to Section 353 or 375 of the Water Code.
(b) This section shall not prohibit an association from applying
landscaping rules established in the governing documents, to the
extent the rules fully conform with subdivision (a).
(c) Notwithstanding any other provision of this part, except as
provided in subdivision (d), an association shall not impose a fine
or assessment against an owner of a separate interest for reducing or
eliminating the watering of vegetation or lawns during any period
for which either of the following have occurred:
(1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.
(d) Subdivision (c) shall not apply to an owner of a separate
interest that, prior to the imposition of a fine or assessment
described in subdivision (c), receives recycled water, as defined in
Section 13050 of the Water Code, from a retail water supplier, as
defined in Section 13575 of the Water Code, and fails to use that
recycled water for landscaping irrigation.
(e) An owner of a separate interest upon which water-efficient
landscaping measures have been installed in response to a declaration
of a state of emergency described in subdivision (c) shall not be
required to reverse or remove the water-efficient landscaping
measures upon the conclusion of the state of emergency.
SEC. 3. Section 2.5 of this bill incorporates amendments to
Section 4735 of the Civil Code proposed by both this bill and
Assembly Bill 349. It shall only become operative if (1) both bills
are enacted and become effective, (2) each bill amends Section 4735
of the Civil Code, and (3) this bill is enacted after Assembly Bill
349, in which case Section 2 of this bill shall not become operative.
SEC. 4. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
California is in a state of emergency because of the continued
drought. In response, Governor Brown issued Executive Order B-29-15,
ordering a 25 percent statewide reduction in urban water consumption.
Because residential landscaping accounts for 35 percent or more of
the average urban water usage statewide, many homeowners have
voluntarily ceased watering landscaping in order to assist with the
drought emergency. However, some homeowners associations have
interpreted existing law to allow them to fine homeowners who
voluntarily cease using potable water on their landscaping if the
homeowners association itself is using a de minimis amount of
recycled water on common areas. This is directly contrary to the
state's need to conserve the precious and dwindling water supplied
for urban, agricultural, and environmental needs.