Bill Text: CA AB2100 | 2013-2014 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 2100 CHAPTERED
BILL TEXT
CHAPTER 164
FILED WITH SECRETARY OF STATE JULY 21, 2014
APPROVED BY GOVERNOR JULY 21, 2014
PASSED THE SENATE JUNE 30, 2014
PASSED THE ASSEMBLY JULY 3, 2014
AMENDED IN SENATE JUNE 10, 2014
AMENDED IN ASSEMBLY APRIL 24, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Campos
(Principal coauthor: Assembly Member Brown)
FEBRUARY 20, 2014
An act to amend Section 4735 of the Civil Code, relating to
drought relief, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 2100, Campos. Common interest developments: yard maintenance:
fines: drought.
The Davis-Stirling Common Interest Development Act 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 against a member of a separate interest for reducing 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.
This bill would declare that it is to take effect immediately as
an urgency statute.
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 a member of
a separate interest for reducing or eliminating the 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.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to conserve water during California's historic drought by
prohibiting an association from penalizing members who conserve
water by watering their lawns less often, it is necessary that this
bill take immediate effect.
