AB 786 (Levine). Common Interest Developments: Property Use & Maintenance.

Limits the exception extended to certain HOAs that use recycled water from being able to fine homeowners for reducing or eliminating the watering of vegetation or lawns during government-declared drought periods. HOAs would be permitted to fine homeowners for eliminating watering of lawns during droughts provided that the homeowner’s property subject to the fine has previously received, and continues to receive, recycled water for landscaping irrigation.

Current Status: Chaptered

FindHOALaw Quick Summary:

Existing law prohibits an association from imposing a fine or assessment against a homeowner for reducing or eliminating the watering of vegetation or lawns during government-declared drought periods. That prohibition does not extend to an association that “uses recycled water…for landscaping irrigation.” (Civ. Code § 4735(c).)

AB 786 (Levine) would amend Civil Code Section 4735 to authorize the fining of an owner if the owner’s property has received, and continues to receive, recycled water for landscaping irrigation. This bill would incorporate additional changes to Section 4735 proposed by AB 349 (Gonzalez) that would become operative if this bill and AB 349 are enacted and this bill is enacted last. This bill would declare that it is to take effect as an emergency statute.

*UPDATE: AB 786 was signed into law on October 13, 2015 and its changes to the law took immediate effect.

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from the California Legislature's website