BILL ANALYSIS �
SB
759
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SENATE THIRD READING
SB 759 (Lieu)
As Amended March 22, 2011
Majority vote
SENATE VOTE :32-8
HOUSING 6-0
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|Ayes:|Torres, Bradford, | | |
| |Cedillo, Hueso, Jeffries, | | |
| |Miller | | |
| | | | |
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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.
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.
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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, SB 7 X7 (Steinberg), Chapter 4, Statutes of
2009-10 Seventh Extraordinary Session, 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 homeowners' association (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 Covenants, Conditions, and Restrictions (CC&Rs) 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
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change, the decision can be appealed at a meeting of the board of
directors.
This bill 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 opponents, 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. Opponents are 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
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 (Salda�a), 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.
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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.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
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