Bill Text: CA AB2100 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Common interest developments: yard maintenance: fines: drought.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2014-07-21 - Chaptered by Secretary of State - Chapter 164, Statutes of 2014. [AB2100 Detail]

Download: California-2013-AB2100-Amended.html

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BILL NUMBER: AB 2100	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 20, 2014

   An act to amend Section  4775   4735  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 
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   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  .
   This bill would prohibit an association from imposing a fine or
assessment on separate interest owners for  yard maintenance
issues related to under-watered plants and   reduc 
 ing or eliminating watering of vegetation or  lawns during
any period for which the Governor has declared a state of emergency
 , or a local government has declared a local emergency, 
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  on separate interest owners
  against a landowner  for  yard
maintenance issues related to under-watered plants and  
reducing or eliminating  watering of vegetation or 
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:

   SECTION 1.    Section 4735 of the   Civil
Code   is amended to read: 
   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). 
   (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:  
   (1) The Governor has declared a state of emergency due to drought
pursuant to subdivision (b) of Section 8558 of the Government Code.
 
   (2) A local government has declared a local emergency due to
drought pursuant to subdivision (c) of Section 8558 of the Government
Code.  
  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. 
  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
 yard maintenance issues related to under-watered plants and
  reducing or eliminating watering of vegetation or
 lawns during any period for which the Governor has declared a
state of emergency due to drought  pursuant to subdivision (b) of
Section 8558 of the Government Code  .
  SEC. 3.  The Legislature finds and declares that the prohibition of
fines or assessments against landowners  for yard
maintenance issues   for reducing or eliminating
watering of vegetation or lawns  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.