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

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

---

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-Introduced.html

---

BILL NUMBER: AB 2100	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 20, 2014

   An act to amend Section 4775 of the Civil Code, and to add Section
50034 to the Government Code, relating to drought relief.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2100, as introduced, 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.
   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 lawns during any period for which
the Governor has declared a state of 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 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. 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 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 lawns
during any period for which the Governor has declared a state of
emergency due to drought.
  SEC. 3.  The Legislature finds and declares that the prohibition of
fines or assessments against landowners for yard maintenance issues
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.