Bill Text: CA SB992 | 2013-2014 | Regular Session | Chaptered
Bill Title: Common interest developments: property use and maintenance.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Passed) 2014-09-18 - Chaptered by Secretary of State. Chapter 434, Statutes of 2014. [SB992 Detail]
Download: California-2013-SB992-Chaptered.html
BILL NUMBER: SB 992 CHAPTERED
BILL TEXT
CHAPTER 434
FILED WITH SECRETARY OF STATE SEPTEMBER 18, 2014
APPROVED BY GOVERNOR SEPTEMBER 18, 2014
PASSED THE SENATE AUGUST 27, 2014
PASSED THE ASSEMBLY AUGUST 26, 2014
AMENDED IN ASSEMBLY AUGUST 22, 2014
AMENDED IN ASSEMBLY MAY 28, 2014
AMENDED IN SENATE MARCH 25, 2014
INTRODUCED BY Senator Nielsen
(Principal coauthor: Senator Galgiani)
(Principal coauthors: Assembly Members Brown and Gonzalez)
FEBRUARY 12, 2014
An act to amend Section 4735 of, and to add Section 4736 to, the
Civil Code, relating to common interest developments, and declaring
the urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 992, Nielsen. Common interest developments: property use and
maintenance.
The Davis-Stirling Common Interest Development Act governs the
management and operation of common interest developments. Existing
law provides that, unless otherwise provided in the common interest
development declaration, 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 that interest. Existing law makes
void and unenforceable any provision of the governing documents of a
common interest development or association that prohibits use of low
water-using plants, or prohibits or restricts compliance with
water-efficient landscape ordinances or regulations on the use of
water, as specified.
Existing law prohibits an association from imposing a fine or
assessment on separate interest owners for reducing or eliminating
watering of vegetation or lawns during any period for which the
Governor has declared a state of emergency or the local government
has declared a local emergency due to drought.
This bill would exempt from these prohibitions against imposing a
fine or assessment an association that uses recycled water for
landscape irrigation.
This bill would also provide that a provision of the governing
documents is void and unenforceable if it requires pressure washing,
as defined, the exterior of a separate interest and any exclusive use
common area appurtenant to the separate interest during a state or
local government declared drought emergency.
This bill would incorporate additional changes in Section 4735 of
the Civil Code proposed in AB 2104, that would become operative only
if AB 2104 and this bill are both chaptered and become effective on
or before January 1, 2015, and this bill is chaptered last.
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 subdivision (a).
(c) Notwithstanding any other provision of this part, an
association, except an association that uses recycled water, as
defined in Section 13050 of the Water Code, for landscaping
irrigation, shall not impose a fine or assessment against an owner 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. 1.5. Section 4735 of the Civil Code is amended to read:
4735. (a) Notwithstanding any other law, a provision of the
governing documents or architectural or landscaping guidelines or
policies 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 or as a
replacement of existing turf.
(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 subdivision (a).
(c) Notwithstanding any other provision of this part, an
association, except an association that uses recycled water, as
defined in Section 13050 of the Water Code, for landscaping
irrigation, shall not impose a fine or assessment against an owner 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. Section 4736 is added to the Civil Code, to read:
4736. (a) A provision of the governing documents shall be void
and unenforceable if it requires pressure washing the exterior of a
separate interest and any exclusive use common area appurtenant to
the separate interest during a state or local government declared
drought emergency.
(b) For purposes of this section, "pressure washing" means the use
of a high-pressure sprayer or hose and potable water to remove loose
paint, mold, grime, dust, mud, and dirt from surfaces and objects,
including buildings, vehicles, and concrete surfaces.
SEC. 3. Section 1.5 of this bill incorporates amendments to
Section 4735 of the Civil Code proposed by both this bill and
Assembly Bill 2104. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015, but
this bill becomes operative first, (2) each bill amends Section 4735
of the Civil Code, and (3) this bill is enacted after Assembly Bill
2104, in which case Section 4735 of the Civil Code, as amended by
Section 1 of this bill, shall remain operative only until the
operative date of Assembly Bill 2104, at which time Section 1.5 of
this bill shall become operative.
SEC. 4. 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:
The Governor has proclaimed a state of emergency to exist in
California due to current drought conditions. In order to respond to
these current drought conditions as quickly as possible, it is
necessary for this act to take effect immediately.
