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. 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. 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 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 find and declare that these provisions are an issue of statewide concern and not a municipal or county affair, as specified.