California 2015-2016 Regular Session Status: Enacted

AB 786 — Common interest developments: property use and maintenance.

Last action — Chaptered by Secretary of State - Chapter 780, Statutes of 2015.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 25, 2015. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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 or architectural or landscaping guidelines or policies 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 also prohibits an association, except an association that uses recycled water for landscape irrigation, 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 revise that exception to instead authorize the imposition of a fine or assessment against the owner of a separate interest that receives recycled water from a retail water supplier, as defined, and fails to use that recycled water for landscaping irrigation. This bill would incorporate additional changes to Section 4735 of the Civil Code proposed by AB 349 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 immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 780, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3129.).

  5. From committee: That the Senate amendments be concurred in. (Ayes 7. Noes 0.) (September 10).

  6. Joint Rule 62(a), file notice suspended. (Page 3032.)

  7. Re-referred to Com. on H. & C.D. pursuant to Assembly Rule 77.2.

  8. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 10 pursuant to Assembly Rule 77.

  9. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2590.).

  10. Read second time. Ordered to third reading.

  11. Read third time and amended. Ordered to second reading.

  12. Read second time and amended. Ordered to third reading.

  13. From committee: Amend, and do pass as amended. (Ayes 9. Noes 0.) (August 25).

  14. Re-referred to Com. on T. & H.

  15. Re-referred to Com. on RLS.

  16. Withdrawn from committee.

  17. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  18. In committee: Set, first hearing. Hearing canceled at the request of author.

  19. Re-referred to Coms. on E. & C.A. and T. & H.

  20. Withdrawn from committee.

  21. Referred to Coms. on T. & H. and E. & C.A.

  22. In Senate. Read first time. To Com. on RLS. for assignment.

  23. Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 17. Page 1781.)

  24. Read second time. Ordered to third reading.

  25. From committee: Do pass. (Ayes 12. Noes 4.) (May 28).

  26. In committee: Set, first hearing. Referred to APPR. suspense file.

  27. From committee: Do pass and re-refer to Com. on APPR. (Ayes 12. Noes 3.) (April 27). Re-referred to Com. on APPR.

  28. Re-referred to Com. on TRANS.

  29. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  30. In committee: Hearing postponed by committee.

  31. From committee: Do pass and re-refer to Com. on TRANS. (Ayes 5. Noes 1.) (April 15). Re-referred to Com. on TRANS.

  32. Referred to Coms. on E. & R. and TRANS.

  33. From printer. May be heard in committee March 28.

  34. Read first time. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 7 voted No

Sponsors (1)

  • Levine

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 786 LEVINE Concurrence - Urgency Added

Passed 78 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 70001
Democratic 4000
Republican 4001
Total 78002
% of votes cast 98%0%0%3%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Low — Yea
Maienschein — Yea
Mathis — Yea
Perea — Yea
Rodriguez — Yea
Eggman — Yea
Cooper — Yea
Daly — Yea
Frazier — Yea
Gatto — Yea
Campos — Yea
Gray — Yea
Holden — Yea
Atkins — Yea
Chávez — Yea
Bonilla — Yea
Jones-Sawyer — Yea
Lopez — Yea
Kim — Yea
Dababneh — Yea
Baker — Yea
Bigelow — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Quirk — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Wagner — Yea
Williams — Not Voting
Wood — Yea
Burke — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Salas — Yea
Gomez — Yea
Gordon — Yea
Chu — Yea
Harper — Yea
Cooley — Yea
Levine — Yea
Linder — Yea
Mayes — Yea
McCarty — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Olsen — Yea
Rendon — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Hadley — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Not Voting
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading AB786 Levine By Beall Urgency Clause

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Block — Yea
Hertzberg — Yea
Huff — Yea
Lara — Yea
Liu — Yea
Mendoza — Yea
Morrell — Yea
Fuller — Yea
Galgiani — Yea
Glazer — Yea
Hall — Yea
Hancock — Yea
Allen — Yea
Cannella — Yea
Hernandez — Yea
Mitchell — Yea
De León — Yea
Runner — Yea
Hill — Yea
Beall — Yea
Leno — Yea
Leyva — Yea
Monning — Yea
Moorlach — Yea
Nielsen — Yea
Pan — Yea
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Hueso — Yea
Beth Gaines — Not Voting
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

Do pass as amended

Passed 9 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 8002
Democratic 1000
Total 9002
% of votes cast 82%0%0%18%
How each member voted (11)
Member Party Vote
Bates — Yea
Leyva — Yea
Mendoza — Yea
Wieckowski — Not Voting
Galgiani — Yea
Cannella — Yea
Allen — Yea
Beall — Yea
Roth — Yea
Beth Gaines — Not Voting
McGuire, Mike Democratic Yea

Official roll call →

AB 786 LEVINE Assembly Third Reading

Passed 60 Yea · 17 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 551203
Democratic 4000
Republican 1500
Total 601703
% of votes cast 75%21%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Linder — Not Voting
Maienschein — Nay
Mathis — Nay
Melendez — Nay
O'Donnell — Yea
Rodriguez — Yea
Steinorth — Nay
Ting — Yea
Waldron — Nay
Wilk — Yea
Williams — Yea
Eggman — Yea
Chávez — Not Voting
Daly — Yea
Gatto — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Frazier — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Lopez — Yea
Harper — Yea
Holden — Yea
Kim — Nay
Low — Yea
Chau — Yea
Atkins — Yea
Mayes — Nay
McCarty — Yea
Medina — Yea
Baker — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
Olsen — Yea
Perea — Yea
Quirk — Yea
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Thurmond — Yea
Wagner — Nay
Weber — Yea
Wood — Yea
Chang — Not Voting
Obernolte — Nay
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Yea
Patterson, Joe Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 10201
Republican 0200
Total 12401
% of votes cast 71%24%0%6%
How each member voted (17)
Member Party Vote
Weber — Yea
Wood — Yea
Eggman — Yea
Daly — Yea
Gomez — Yea
Gordon — Yea
Holden — Yea
Chang — Not Voting
Bigelow — Nay
Quirk — Yea
Rendon — Yea
Wagner — Nay
Eduardo Garcia — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass and be re-referred to the Committee on [Appropriations]

Passed 12 Yea · 3 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12301
Total 12301
% of votes cast 75%19%0%6%
How each member voted (16)
Member Party Vote
Achadjian — Yea
Bloom — Yea
Chu — Yea
Gomez — Yea
Daly — Yea
Dodd — Yea
Kim — Nay
Baker — Nay
Linder — Not Voting
Medina — Yea
Melendez — Nay
Nazarian — Yea
O'Donnell — Yea
Santiago — Yea
Frazier — Yea
Eduardo Garcia — Yea

Official roll call →

Subjects

housing environment
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Frequently asked questions

What does AB 786 do?
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 or architectural or landscaping guidelines or policies 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 also prohibits an association, except an association that uses recycled water for landscape irrigation, 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 revise that exception to instead authorize the imposition of a fine or assessment against the owner of a separate interest that receives recycled water from a retail water supplier, as defined, and fails to use that recycled water for landscaping irrigation. This bill would incorporate additional changes to Section 4735 of the Civil Code proposed by AB 349 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 immediately as an urgency statute.
Who sponsors AB 786?
AB 786 is sponsored by Levine.
What is the current status of AB 786?
This bill has been enacted into law. Introduced February 25, 2015. Enacted.
Where can I track AB 786?
Track AB 786 free on One Click Politics — get push/email alerts when it moves.

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