An association’s governing documents (i.e., architectural standards) may not prohibit, or include conditions that have the effect of prohibiting, “the use of low water-using plants as a group or as a replacement of existing turf.” (Civ. Code § 4735(a)(1).) Additionally, the governing documents may not have the effect of prohibiting or restricting compliance with either:
- A water-efficient landscape ordinance adopted or in effect pursuant to Government Code Section 65595(c); or
- Any regulation or restriction on the use of water adopted pursuant to Section 353 or 357 of the Water Code. (Civ. Code § 4735(a)(3).)
Civil Code Section 4735 also restricts an association’s ability to fine homeowners for failing to water their landscaping during government-declared drought periods. (See “Watering During Droughts.”)
Artificial Turf (Artificial Grass)
Homeowners within associations have rights to install artificial turf (artificial grass) on their properties regardless of any provisions in an association’s governing documents to the contrary. (See “Artificial Turf (Artificial Grass).”)
Effective Immediately! HOAs may not Prohibit Artificial Turf (Grass) – Published on HOA Lawyer Blog (September 8, 2015).
AB 2104 Signed: Low-Water Using Plants; Watering During Droughts – Published on HOA Lawyer Blog (September 30, 2014).