BILL ANALYSIS �
SB 759
Page 1
Date of Hearing: June 15, 2011
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Norma Torres, Chair
SB 759 (Lieu) - As Amended: March 22, 2011
SENATE VOTE : 32-8
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, 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 are
void and unenforceable if they do any 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
SB 759
Page 2
safety.
FISCAL EFFECT : None.
COMMENTS :
There are over 47,000 CIDs in the state that range in size from
three to 27,000 units. CIDs make up over six 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
SB 759
Page 3
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
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 CIDs 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.
SB 759 makes the governing documents of a 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.
Arguments in opposition : According to the Executive Council of
Homeowners (ECHO), simply saying that restrictions on the use of
artificial turf or any synthetic surface are unenforceable or by
providing for design and quality standards does not take into
consideration the desires and esthetics of the community. ECHO
is concerned about the questions that artificial turf could
raise in a community including what to do with artificial turf
when a subsequent owner does not want it or with run-off
problems.
Arguments in support: According to the sponsor, in response to
SB 759
Page 4
concerns raised regarding the lead content in artificial turf,
"the US Consumer Protection Agency did an analysis of lead
content in artificial turf and deemed it safe and that young
children are not at risk from using playing fields with
artificial turf. Additionally, with the California Attorney
General's office with manufactures of artificial turf will lead
to products with negligible levels of lead in the products."
Related legislation : Last year, Governor Schwarzenegger vetoed
AB 1793 (Saldana), which was identical to this bill. Below is
the veto message:
This bill would void a provision in the governing documents
of a
common interest development (CID) if it prohibits the use
of
artificial turf or any other synthetic surface that
resembles grass
in its landscaping rules and regulations.
CIDs provide a system of self-governance through a
community
association, responsible for managing, maintaining, and
repairing the
common areas, and have the authority to enforce special
rules.
Decisions such as these regarding the use of artificial
turf can be
made by the homeowners and amended into their governing
documents.
REGISTERED SUPPORT / OPPOSITION :
Support
San Diego County Water Authority (sponsor)
Association of California Water Agencies
City of San Diego
Opposition
Community Association Institute (CAI)
Executive Council of Homeowners
SB 759
Page 5
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085