California Assembly Bill AB2100 Amended / Bill

 BILL NUMBER: AB 2100AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 28, 2014 INTRODUCED BY Assembly Member Campos FEBRUARY 20, 2014 An act to amend Section  4775   4735  of the Civil Code, and to add Section 50034 to the Government Code, relating to drought relief. LEGISLATIVE COUNSEL'S DIGEST AB 2100, as amended, 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   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 on separate interest owners for  yard maintenance issues related to under-watered plants and   reduc   ing 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. 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   against a landowner  for  yard maintenance issues related to under-watered plants and   reducing or eliminating  watering of vegetation or  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 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 reducing or eliminating 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.   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   reducing or eliminating watering of vegetation or  lawns during any period for which the Governor has declared a state of emergency due to drought  pursuant to subdivision (b) of Section 8558 of the Government Code  . SEC. 3. The Legislature finds and declares that the prohibition of fines or assessments against landowners  for yard maintenance issues   for reducing or eliminating watering of vegetation or lawns  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.