Bill Text: CA AB1410 | 2021-2022 | Regular Session | Amended
Bill Title: Common interest developments.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 858, Statutes of 2022. [AB1410 Detail]
Download: California-2021-AB1410-Amended.html
Amended
IN
Assembly
January 03, 2022 |
Amended
IN
Assembly
April 05, 2021 |
Introduced by Assembly Member Rodriguez |
February 19, 2021 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:(e)Prohibiting homeowners from cultivating food-bearing foliage is counter to the essence of a state steeped in a rich agricultural heritage.
SEC. 2.
Section 4739 is added to the Civil Code, to read:4739.
Notwithstanding Section 4740, an owner of a separate interest in a common interest development shall not be subject to a provision in a governing document, or amendments thereto, that prohibit the rental or leasing of a portion of the homeowner occupied separate interest in that common interest development to a renter, lessee, or tenant for a period of 30 days or more.(a)For the purposes of this section, “personal agriculture” has the same definition as in Section 1940.10.
(b)Any provision of a governing document, as defined in Section 4150, shall be void and unenforceable if it effectively prohibits or unreasonably restricts the use of a homeowner’s separate interest for personal agriculture.
(c)(1)This section does not apply to provisions that impose reasonable restrictions on the use of a homeowner’s yard for personal agriculture.
(2)For purposes of this section, “reasonable restrictions” are restrictions
that do not significantly increase the cost of engaging in personal agriculture or significantly decrease its efficiency.
(d)This section applies only to yards that are designated for the exclusive use of the homeowner.
(e)This section shall not prohibit a homeowners’ association from applying rules and regulations requiring that dead plant material and weeds, with the exception of straw, mulch, compost, and other organic materials intended to encourage vegetation and retention of moisture in the soil, are regularly cleared from the backyard.
SEC. 4.SEC. 3.
Section 4754 is added to the Civil Code, to read:4754.
Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a common interest development, and any provision of a governing document, as defined in Section 4150, that restricts critical discussion about the association is void and unenforceable.SEC. 5.SEC. 4.
Section 5101 is added to the Civil Code, to read:5101.
(a) Any person serving as a director or employee of an association must complete a course on fiduciary ethics and harassment prevention. Completion of this course shall occur upon election in the case of a director, or upon hire in the case of an employee.(a)An association shall not impose a monetary penalty, and cannot seek any other enforcement action, in relation to landscaping on a separate interest during a declared state of emergency or on days when air quality is unhealthy.
(b)For purposes of this section, the air quality is unhealthy in an area when inhalable particles are predicted to exceed 35.5 micrograms per cubic meter or when ozone is predicted to exceed 71 parts per billion as reported by the State Air Resources Board and posted to their internet website.