BILL ANALYSIS
AB 1793
Page 1
ASSEMBLY THIRD READING
AB 1793 (Saldana)
As Amended April 20, 2010
Majority vote
HOUSING 7-0
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|Ayes:|Torres, Arambula, |
| |Bradford, Eng, Knight, |
| |Saldana, Tran |
| | |
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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, but allows a CID to apply design and quality standards
for artificial turf.
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.
AB 1793
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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
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 seq.) as well as by the governing documents of the
association, including the bylaws, declarations, and operating
rules. Except when CIDs are first developed, no state agency
provides ongoing oversight to these communities.
According to the sponsor of this bill, the 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's 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.
SB 7 X7 (Steinberg), Chapter 4, Statutes of 2009-10 Seventh
Extraordinary Session, requires 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 1793
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AB 1061 (Lieu), Chapter 503, Statutes of 2009, makes the
governing documents of an 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
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.
AB 1793 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. The bill does allow a CID to apply design and quality
standards for the installation of artificial turf, as long as
the standards conform to the legal requirements as to
water-efficient landscapes. This gives 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.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0003944