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New Turf Laws: Navigating laws that can impact your HOA

Amy K. Tinetti, Esq., CCAL


With summer, and record-breaking heat waves, it is difficult not to think about the use and conservation of precious natural resources, including water. In October of last year, AB 1572 was approved; the bill made several changes to the California Water Code and prohibits the use of potable (i.e., drinking) water to irrigate “nonfunctional turf located on commercial, industrial, institutional, and multifamily residential properties.” The new law, effective January 1, 2024, specifically applies to common interest developments and “homeowners’ associations,” and is the latest in a series of laws that impact landscaping in community associations.

 

Although community associations have some time to ensure compliance with the new law (community associations are prohibited from using potable water to irrigate nonfunctional turf within common areas beginning January 1, 2029), it may make sense to start working with your landscaping professionals to come up with a plan for compliance, and perhaps start making changes now to reduce your association’s potable water consumption. The law is not incredibly clear regarding what “nonfunctional turf” means (“nonfunctional turf” is defined in the statute as “not functional turf, and includes turf located withing street rights-of-way and parking lots.”) It seems clear that the law does not require changes to functional turf areas like playing fields and parks. However, associations should work with their landscaping professionals to identify those areas within the community where turf is “nonfunctional” (or decorative) and not for use (e.g., landscaping “strips,” turf in a median). Once the nonfunctional turf areas are identified, an association should work with their landscaping professional to determine what the options are for those areas. Options may include converting the areas into non-turf and drought resistant landscaping or irrigating the areas with non-potable water. It is important to come up with a plan and understand its financial impact so that associations can start budgeting for the changes as soon as possible.


This law reflects a clear trend in California to promote water-conservation and drought-resistant measures.Civil Code section 4735 protect owners’ rights to install artificial turf and low-water use plants in their yards. It also prohibits community associations from requiring the removal of artificial turf or low-water use plants that have been installed in response to a state of emergency (i.e., drought), or taking other enforcement action (i.e., fining for not watering the lawn) during a state of emergency. Association are encouraged to have any landscaping rules reviewed by legal counsel to ensure they do not run afoul of California law.

 

We are lucky to be part of a professional community full of knowledgeable professionals ready to assist associations with landscaping, legal compliance, and budgeting.

Written By:  

Amy K. Tinetti, Esq., CCAL

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