BILL ANALYSIS �
AB 2100
Page 1
Date of Hearing: April 9, 2014
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
Ed Chau, Chair
AB 2100 (Campos) - As Amended: March 28, 2014
SUBJECT : Common interest developments: local governments: yard
maintenance: fines: drought
SUMMARY : Prohibits a homeowners association (HOA) in a common
interest development (CID) and a local government from fining a
homeowner who reduces or eliminates watering during a declared
state of emergency due to drought. Specifically, this bill :
1)Prohibits an HOA from imposing a fine or assessment against a
member who reduces or eliminates watering of vegetation or
lawns during any period during which the Governor or local
government has declared an emergency due to drought.
2)Prohibits a city, county, or city and county from imposing a
fine or assessment against a homeowner for reducing or
eliminating watering of vegetation or lawns during a period
during which the Governor has declared an emergency due to
drought.
EXISTING LAW
1)Authorizes the Governor to declare a state of emergency in an
area affected or likely to be affected by drought conditions.
(Government Code Section 8625 and 8558)
2)Directs the Governor to declare the termination of a state of
emergency at the earliest possible date that conditions
warrant, and all powers, granted by the Governor terminate
with the declaration. (Government Code Section 8629)
3)Authorizes a local government to proclaim, by ordinance, a
state of emergency due to drought conditions. (Government Code
Section 8558 and 8630)
4)Defines the governing documents of a CID to mean the
declaration, and any other documents such as the bylaws,
operating rules of the association, articles of incorporation,
or articles of association, which govern the operation of the
CID or HOA. (Civil Code Section 4150)
AB 2100
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5)Makes the governing documents of a CID void and unenforceable
if they do any of the following:
a) Prohibit or include conditions that have the effect of
prohibiting low water-using plants as a group;
b) Restrict compliance with a water-efficient landscape
ordinance adopted by a local government; or
c) Prohibit compliance with any regulation or restriction
on the use of water due to severe water shortage. (Civil
Code Section 4735)
FISCAL EFFECT : None.
COMMENTS :
There are over 49,000 CIDs in the state that range in size from
three to 27,000 units. CIDs make up over 4.9 million housing
units which represents approximately one quarter of the state's
housing stock. CIDs include condominiums, community apartment
projects, 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,
covenants and conditions that limit the use of common area,
separate ownership interests, the management of common property,
and enforcement of restrictions by a HOA. CIDs are governed by
the Davis Stirling Act as well as the governing documents of the
HOA including bylaws, declaration, and operating rules.
In the beginning of this year, due to record low rainfall, the
Governor declared a drought emergency. The governor's
declaration called on residents to voluntarily reduce water
consumption by 20 percent. Local governments have authority to
declare a state of emergency through an ordinance. Many cities
have enacted ordinances to restrict watering lawns to a
specified number of days per week during the drought.
The purpose of this bill : According to the author, "California
is suffering through a historic drought and everyone is being
asked to conserve and reduce water usage. Despite these efforts
at least one HOA has levied fines against homeowners who are
saving water. AB 2100 would prohibit HOAs (and local
AB 2100
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governments) from fining a homeowner who chooses to conserve
water by reducing his or her watering of their lanws or plants
during a state or locally declared emergency due to drought"
CIDs and droughts : Under existing law the governing documents
of a CID cannot prohibit a homeowner from installing low
water-using plants as a group. In addition, HOAs cannot prevent
a homeowner from installing landscaping that complies with a
city's or county's water-efficient landscape ordinance or from
complying with any restrictions on watering that a city or
county adopts in response to severe water shortages. There is
nothing that prohibits an HOA from requiring a homeowner to
water their lawn in a case where the Governor has declared a
drought but there is no local ordinance restricting water use.
AB 2100 would make it clear that if the Governor declared a
state of emergency due to a drought that homeowners could stop
watering their lawns without being fined by the HOA. The bill
does not prevent a HOA from fining a homeowner if they do not
maintain their yard or comply with requirements in state law to
keep weeds and vegetation at a minimum in high fire areas.
Existing law requires the Governor to declare an end to a state
of emergency, in this case a drought, as soon as conditions
warrant it.
Local governments and droughts : Local governments have
authority to adopt ordinances restricting watering during times
of drought. According to the author, more than 34 cities and 100
other entities that supply water have already imposed mandatory
water restrictions. Although existing law already requires that
a CID's governing documents cannot prohibit a homeowner from
complying with any regulation or restriction on the use of water
due to severe water shortage, AB 2100 would further clarify the
point by referencing the local government's authority to declare
an emergency due to drought. Although there is evidence that
cities have adopted ordinances restricting water use during the
drought, it is unclear if those who have not would fine a
homeowner for not watering.
Committee amendments :
1)On page 3, line 4 change "owner" to "member"
2)Add Assemblymember Brown as a co-author.
Related legislation:
AB 2100
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SB 992 (Nielsen) would prohibit an HOA from fining a homeowner
for yard maintenance issues related to under-watered plants
during a period of time that the Governor has declared a state
of emergency due to a drought. This bill is pending hearing in
Senate Transportation and Housing Committee.
Double referred : If AB 2100 passes out of this committee, the
bill will be referred to the Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION :
Support
Association of California Water Agencies
California Association of Realtors
East Bay Municipal Utility District
Educational Community for Homeowners (ECHO)
San Diego County Water Authority
Sierra Club California
Opposition
None on file
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085