BILL ANALYSIS
AB 1793
Page 1
Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
AB 1793 (Saldana) - As Introduced: February 10, 2010
SUBJECT : Common interest developments: artificial turf
SUMMARY : Makes the governing documents of a common interest
development (CID) void and unenforceable if they prohibit the
use or include conditions that effectively prohibit the use of
artificial turf or any other synthetic surface that resembles
grass.
EXISTING LAW
1)Provides a provision of the governing documents of a CID void
and unenforceable if they do of the following:
a) include conditions that effectively prohibit the use of
low water-using plants as a group; or
b) restrict compliance with local water ordinances required
to reduce water consumption water-efficient landscape
ordinance in effect pursuant to Government Code Section
65596 or restriction on use of water adopted pursuant to
Water Code Sections 353 & 375.
2)Provides if the governing documents of a CID require the
homeowners association (HOA) to approve physical changes to an
owner's separate interest, the process must be:
a) fair, reasonable and expeditions;
b) included in the governing documents; and
c) made in good faith and may not be unreasonable arbitrary
or capricious.
3)Provides a decision on a proposed change on a special interest
cannot violate the Fair Employment and Housing Law, building
code, or other applicable law governing land use or public
safety.
FISCAL EFFECT : None
AB 1793
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COMMENTS : There are over 41,000 CIDs in the state that range
in size from three to 27,000 units. CIDs make up over four
million total housing units which represents approximately one
quarter of the state's housing stock. In the 1990s, over 60% of
all residential construction starts in the state were CIDs.
CIDs include condominiums, community apartment projects, and
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 an association.
CIDs are governed by the Davis Stirling Act (Civil Code Section
1350 et al.) as well as the governing documents of the
association including the bylaws, declaration, and operating
rules. Except when CIDs are first developed, no state agency
provides ongoing oversight to these communities.
Purpose of the bill :
According to the sponsor of this bill, San Diego County Water
Authority, grass lawns use up to 46 gallons of water per square
foot per year in the San Diego region. Landscape irrigation
makes up 70% of the average household water use. The use of
artificial turf in landscaping is one method of reducing water
consumption, while still allowing property owners to incorporate
expanses of green into their landscaping.
In November 2009, SBX7 7 (Steinberg) was enacted requiring water
consumption be reduced by 20% per capita by the year 2020.
According to the sponsor of the bill, water suppliers are
committed to meet this goal. The purpose of this bill is to
expand the available means of conserving water by removing
impediments to the use of artificial turf and landscaping in
CIDs. According to the sponsor one impediment is the use of
covenants, conditions and restrictions in CIDs that prohibit the
use of artificial turf.
AB 1061 (Lieu), Chapter 503, Statutes of 2009, made the
governing documents of a HOA void and unenforceable if they
prohibited or had the effect of prohibiting the use of low-water
using plants or violated locally adopted water-efficient
landscape ordinances. CIDs may apply rules that conform to
legal requirements as to water-efficient landscapes. According
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to the sponsor, because the bill did not specifically include
artificial turf as a possible water-efficient landscaping option
some HOAs have prohibited homeowners from installing it.
At the time homeowners purchase in CIDs they receive a copy of
the CCRs and other governing documents of the HOA which detail
the rules and regulations of the HOA. If the HOA has a process
for approving homeowners architectural change to their home, it
will be outlined in the governing documents. It is unlikely
that the governing documents would specifically prohibit
artificial turf. However, in some HOAs homeowners could be
required to get the approval of the architectural review
committee before making changes to their home including
landscaping changes. The procedure must be fair, reasonable and
provide for prompt deadlines. If a homeowner is denied approval
of a proposed change, the decision can be appealed at a meeting
of the board of directors.
Arguments in opposition :
The Executive Council of Homeowners, which represents
approximately 1,550 CIDs and 250,000 homeowners, is opposed to
this bill. ECHO supports the use of water-efficient plants in
CIDs; however, they feel this bill goes too far by stating that
restrictions on the use of artificial turf are unenforceable and
does not take into account the desires and esthetics of the
community.
Committee amendments :
The committee may wish to consider an amendment to clarify that
a HOA can apply design and quality standards for the
installation of artificial turf as long as they conform to the
legal requirements as to water-efficient landscapes. The
amendment will give HOAs the ability to set standards regarding
the color of the turf, the timeline for replacing it, and other
design standards while not prohibiting its use.
On page 2, after line 22 insert the following:
( c ) This section shall not prohibit an association from
applying landscaping rules and regulations established in
the governing documents that establish design standards and
quality standards for the installation of artificial turf,
to the extent the rules and regulations fully conform with
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the requirements of subdivision (a).
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County Water Authority (sponsor)
Association of California Water Agencies
Association of Synthetic Grass Installers
Cucamonga Valley Water District
East Bay Municipal Utility District
Opposition
Executive Council of Homeowners (ECHO)
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085