Bill Text: CA SB992 | 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: 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-Amended.html

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BILL NUMBER: SB 992	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2014

INTRODUCED BY   Senator Nielsen
    (   Coauthor:   Senator   Galgiani
  ) 

                        FEBRUARY 12, 2014

   An act to amend Section  4775   4735  of
the Civil Code, relating to common interest developments  , and
declaring the urgency thereof, to take effect immediately  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 992, as amended, Nielsen.  Maintenance of exclusive
areas: fines.   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.  
   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. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Davis-Stirling Common Interest Development Act governs the
management and operation of common interest developments. Existing
law also set 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.

   Vote:  majority   2/3  . 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 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.    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.  
  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.