With the recent passage of Assembly Bill 349, the California legislature recognizes that the state has the lowest snowpack ever recorded and that we are in the fourth year of a historic, prolonged and potentially devastating drought.
Many Californian homeowners are installing artificial turf in their single-family homes. Homeowners in common interest developments must be afforded a similar opportunity within appropriate design, aesthetic and drainage standards defined by their association.
Associations in common interest developments are barred from fining residents who stop watering their lawns during drought emergencies. Property owners who pursue water conservation by installing artificial grass should be encouraged, not sued or fined. If an association’s decisions are motivated by aesthetics, it makes more sense to replace browning plants with more drought- and California-appropriate landscaping.
Civil Code section 4735, part of the Assembly bill, states that any provision of the governing documents, architectural, landscaping guidelines or policies shall be void and unenforceable if it essentially prohibits the use of low-water-using plants as a group or as a replacement of existing turf or if it prohibits the use of artificial turf or any other synthetic surface that resembles grass.
The Legislature has recognized the right of an association to regulate aesthetics. But the conservation of water, especially during a severe drought, takes precedence over that right.
The law is clear: A homeowners association shall not impose a fine or assessment against an owner for reducing or eliminating vegetation or lawns during any period for which either the governor or local government has declared a local or state emergency because of drought.
If your board members have been too preoccupied with their lush landscape to notice recent changes to the law, this hearing is your opportunity to educate them. If they will not listen to reason, show them the legislation.
The California Water Service maintains a database of helpful information and handouts. There is a call center to get clarification on regulations and report water wasters: (844) 726-8579.
If your board refuses to remove the illegal fines, you may be forced to pay under protest, then file a small claims action for reimbursement. If the fines continue, you may have to file a lawsuit seeking a court order that the penalties were imposed in violation of California law.