California 2015-2016 Regular Session Status: Enacted 2 R cosponsors

AB 349 — Common interest developments: property use and maintenance.

Last action — Chaptered by Secretary of State - Chapter 266, 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 17, 2015. Enacted.

Prognosis

Likely to advance 78% · 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.

  • 4 sponsors

    1 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 R).

  • Cleared a recorded vote

    Passed 6 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 make void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of artificial turf or any other synthetic surface that resembles grass. This bill would also prohibit a requirement that an owner of a separate interest remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency. 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 266, Statutes of 2015.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 3:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 74. Noes 3. Page 2606.).

  5. In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 27 pursuant to Assembly Rule 77.

  6. Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 2153.).

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

  8. From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (July 14).

  9. From committee: Do pass and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (June 23). Re-referred to Com. on JUD.

  10. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.

  11. Referred to Coms. on T. & H. and JUD.

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

  13. Read third time. Urgency clause adopted. Passed. Ordered to the Senate. (Ayes 73. Noes 3. Page 1622.).

  14. Read third time and amended. Ordered to third reading. (Page 1544.)

  15. Read second time. Ordered to third reading.

  16. From committee: Do pass. (Ayes 7. Noes 0.) (May 13).

  17. Re-referred to Com. on H. & C.D.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended.

  19. Referred to Com. on H. & C.D.

  20. From printer. May be heard in committee March 20.

  21. Read first time. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 3 co-sponsors · 118 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (3)

Not signed on (118)

118 members have not signed on to this bill.

Show all 118 →

"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 349 GONZALEZ Concurrence in Senate Amendments

Passed 74 Yea · 3 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 66302
Democratic 4000
Republican 4001
Total 74303
% of votes cast 93%4%0%4%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bigelow — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Maienschein — Yea
Mathis — Yea
O'Donnell — Yea
Ridley-Thomas — Yea
Thurmond — Yea
Waldron — Yea
Williams — Yea
Chu — Yea
Cooper — Yea
Burke — Yea
Campos — Yea
Eggman — Yea
Salas — Yea
Chang — Yea
Bonilla — Yea
Gatto — Yea
Hadley — Yea
Holden — Yea
Gray — Yea
Jones-Sawyer — Yea
Lopez — Yea
Kim — Yea
Levine — Yea
Linder — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Chau — Yea
Atkins — Yea
Medina — Yea
Baker — Yea
Chiu — Yea
Chávez — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
Obernolte — Yea
Olsen — Yea
Perea — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Quirk — Yea
Steinorth — Yea
Ting — Yea
Wood — Yea
Gordon — Not Voting
Harper — Nay
Frazier — Not Voting
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — 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 Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading (Urgency Clause)

Passed 38 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 35002
Democratic 3000
Total 38002
% of votes cast 95%0%0%5%
How each member voted (40)
Member Party Vote
Anderson — Yea
Beall — Yea
Hueso — Yea
Leno — Yea
Leyva — Yea
Liu — Yea
Roth — Yea
Fuller — Yea
Cannella — Yea
Allen — Yea
Galgiani — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Runner — Not Voting
Hertzberg — Yea
Bates — Yea
Block — Yea
Hill — Yea
Huff — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Moorlach — Yea
Morrell — Not Voting
Nielsen — Yea
Pan — Yea
Pavley — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Hall — Yea
Hancock — Yea
Beth Gaines — Yea
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 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Anderson — Yea
Hertzberg — Yea
Leno — Yea
Monning — Yea
Moorlach — Yea
Wieckowski — Yea
Jackson, Corey A. Democratic Yea

Official roll call →

AB 349 GONZALEZ Third Reading Urgency

Passed 73 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 64303
Democratic 4000
Republican 5001
Total 73304
% of votes cast 91%4%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Baker — Yea
Bigelow — Yea
Bloom — Not Voting
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Mathis — Yea
Mayes — Not Voting
Melendez — Yea
O'Donnell — Yea
Olsen — Yea
Rendon — Yea
Rodriguez — Yea
Thurmond — Yea
Wagner — Yea
Williams — Yea
Eggman — Yea
Cooley — Yea
Cooper — Yea
Gatto — Yea
Chávez — Yea
Salas — Yea
Alejo — Yea
Low — Yea
Medina — Yea
Obernolte — Yea
Bonilla — Yea
Frazier — Yea
Gordon — Not Voting
Gray — Yea
Harper — Nay
Lopez — Yea
Holden — Yea
Kim — Yea
Linder — Yea
Maienschein — Yea
Burke — Yea
Atkins — Yea
McCarty — Yea
Mullin — Yea
Nazarian — Yea
Perea — Yea
Quirk — Yea
Ridley-Thomas — Yea
Campos — Yea
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Santiago — Yea
Steinorth — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Wilk — Yea
Wood — Yea
Gomez — Yea
Gonzalez — Yea
Hadley — Yea
Beth Gaines — Yea
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 Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Mullin — Yea
Steinorth — Yea
Burke — Yea
Chiu — Yea
Chau — Yea
Lopez — Yea
Beth Gaines — Yea

Official roll call →

Subjects

housing environment
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 349 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 make void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of artificial turf or any other synthetic surface that resembles grass. This bill would also prohibit a requirement that an owner of a separate interest remove or reverse water-efficient landscaping measures, installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 349?
AB 349 is sponsored by Dodd, Galgiani, Lackey, Tom (Republican), and Gonzalez, Jeff (Republican).
What is the current status of AB 349?
This bill has been enacted into law. Introduced February 17, 2015. Enacted.
Where can I track AB 349?
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