AB 349 (Gonzalez). Common Interest Developments: Property Use & Maintenance.


New protections for homeowners within HOAs installing artificial turf (grass); New limits on HOA ability to fine for irrigation reduction after drought periods are concluded.

Current Status: Chaptered

FindHOALaw Quick Summary:

Current law makes void and unenforceable any provision of an association’s governing documents that prohibits the use of low water-using plants as a group or as a replacement for existing turf, or prohibits or restricts compliance with water-efficient landscape ordinances or regulations on the use of water, as specified. Current law does not provide owners with the right to install artificial turf absent contrary provisions in an association’s governing documents. Current law also prohibits an association, subject to certain exceptions, from imposing a fine or assessment on an owner for reducing or eliminating watering of vegetation or lawns during government-declared drought periods.

AB 349 (Gonzalez) would amend Civil Code § 4735 making void and unenforceable any provision of the governing documents that prohibits the use of artificial turf or any other synthetic surface that resembles grass. This bill would also prohibit a requirement that an owner remove or reverse water-efficient landscaping measures, installed in response to a declared drought period, upon the conclusion of the drought. This bill would declare that it is to take effect immediately as an urgency statute.

*UPDATE: AB 349 was approved on September 4, 2015 and its changes to the law took immediate effect.


View more info on AB 349
from the California Legislature's website