BILL ANALYSIS �
AB 2104
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 2104 (Gonzalez)
As Amended August 12, 2014
Majority vote
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|ASSEMBLY: |75-2 |(April 3, 2014) |SENATE: |34-0 |(August 14, |
| | | | | |2014) |
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Original Committee Reference: H. & C.D.
SUMMARY : Specifies that architectural or landscaping guidelines
or policies of a common interest development (CID) are void if
they prohibit the use of low water-using plants and other water
conservation measures.
The Senate amendments :
1)Add a coauthor.
2)Incorporate changes to law made by AB 2100 (Campos), Chapter
164, Statutes of 2014.
FISCAL EFFECT : None
COMMENTS :
Background: 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
homeowners association (HOA). CIDs are governed by the
Davis-Stirling Act as well as the governing documents of the HOA
including bylaws, declaration, and operating rules. Existing
law provides protections to homeowners who wish to install
landscaping that includes low water-using plants.
Under existing law the governing documents of a CID cannot
AB 2104
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prohibit a homeowner from installing low water-using plants as a
group. In addition, CIDs 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.
The board of directors and homeowners of an HOA rely upon the
governing documents which provide the rules and regulations for
governing the HOA. State statute defines the governing
documents to include the articles of incorporation and
declaration as well as the operating rules. The operating rules
should include guidance to homeowners on which low water-using
plants they can use to replace existing turf and, by state law,
cannot prohibit a homeowner from installing low water-using
plants. State statute specifies that an HOA can apply
landscaping rules established in the governing documents to the
extent that the rules do not prohibit a homeowner from
installing low water-using plants or complying with local
water-saving ordinances.
To the extent this is unclear or that the operating rules have
not been updated to reflect state law, this bill would clarify
that any architectural guidelines or policies cannot prohibit a
homeowner from installing low water-using plants or replacing
existing turf, installing a water-efficient landscape that meets
a local ordinance, or complying with water conservation policies
adopted by a local government agency.
Analysis Prepared by : Lisa Engel / H. & C.D. / (916) 319-2085
FN: 0004827