Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2100

Introduced by Assembly Member Campos

February 20, 2014

An act to amend Section begin delete 4775 end delete begin insert 4735 end insert of the Civil Code, and to add Section 50034 to the Government Code, relating to drought relief.

LEGISLATIVE COUNSEL’S DIGEST

AB 2100, as amended, Campos. Common interest developments: local governments: yard maintenance: fines: drought.

The Davis-Stirling Common Interest Development Act begin delete governs the management and operation of common interest developments. The act sets forth the duties and responsibilities of the association and the owners of the separate interests with regard to maintenance and repair of common and exclusive use areas, as defined. Unless otherwise provided in the common interest development declaration, the association is responsible for maintaining, repairing, and replacing the common area, other than the 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. An association may impose a fine or assessment upon a separate interest owner for failure to maintain his or her property in accordance with the association rules for that development end delete begin insert provides for the creation and regulation of common interest developments and requires that a development be managed by an association. That act provides that a provision of the governing documents of a development is void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group, or if it has the effect of prohibiting or restricting compliance with a local water-efficient landscape ordinance or water conservation measure, as specified end insert .

This bill would prohibit an association from imposing a fine or assessment on separate interest owners for begin delete yard maintenance issues related to under-watered plants and end delete begin insert reducing or eliminating watering of vegetation or end insert lawns during any period for which the Governor has declared a state of emergency begin insert , or a local government has declared a local emergency, end insert due to drought.

Existing law provides for the creation and powers of cities, counties, and cities and counties.

This bill would prohibit a city, county, or city and county from imposing a fine or assessment begin delete on separate interest owners end delete begin insert against a landowner end insert for begin delete yard maintenance issues related to under-watered plants and end delete begin insert reducing or eliminating watering of vegetation or end insert lawns during any period for which the Governor has declared a state of emergency due to drought. This bill would find and declare that these provisions are an issue of statewide concern and not a municipal or county affair, as specified.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4735 of the end insert begin insert Civil Code end insert begin insert is amended to
read: end insert

4735.  

(a) Notwithstanding any other law, a provision of the
governing documents 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.

(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 the requirements of subdivision
(a).

begin insert

(c) Notwithstanding any other provision of this part, an
association shall not impose a fine or assessment against an owner
of a separate interest for reducing or eliminating watering of
vegetation or lawns during any period for which either of the
following have occurred:

end insert begin insert

(1) The Governor has declared a state of emergency due to
drought pursuant to subdivision (b) of Section 8558 of the
Government Code.

end insert begin insert

(2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the
Government Code.

end insert

begin delete

SECTION 1.  

Section 4775 of the Civil Code is amended to
read:

4775.  

(a) Unless otherwise provided in the declaration of a
common interest development, 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 the separate interest.

(b) The costs of temporary relocation during the repair and
maintenance of the areas within the responsibility of the association
shall be borne by the owner of the separate interest affected.

(c) Notwithstanding any other provision of this part, an
association shall not impose a fine or assessment against an owner
of a separate interest for yard maintenance issues related to
under-watered plants and lawns during any period for which the
Governor has declared a state of emergency due to drought.

end delete

SEC. 2.  

Section 50034 is added to the Government Code, to
read:

50034.  

Notwithstanding any other law, a city, county, or city
and county shall not impose a fine or assessment against a
landowner for begin delete yard maintenance issues related to under-watered
plants and end delete begin insert reducing or eliminating watering of vegetation or end insert lawns
during any period for which the Governor has declared a state of
emergency due to drought begin insert pursuant to subdivision (b) of Section
8558 of the Government Code end insert .

SEC. 3.  

The Legislature finds and declares that the prohibition
of fines or assessments against landowners begin delete for yard maintenance
issues end delete begin insert for reducing or eliminating watering of vegetation or lawns end insert
during any period for which the Governor has declared a state of
emergency due to drought is a matter of statewide concern and not
a municipal affair, as that term is used in Section 5 of Article XI
of the California Constitution, or a county affair described in
Section 4 of Article XI of the California Constitution. Therefore,
Section 2 of the act applies to a charter city or county.