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Drought brings new law allowing drought-resistant plants and other water conservation measures

February 10, 2015 by Daniel S. Gonzales Leave a Comment

drought-tollerntIn response to California’s current severe drought, a new law recently enacted by the California legislature and signed by Governor Brown places new restrictions on the otherwise expansive powers of homeowners’ associations (“HOAs”) by barring them from prohibiting and fining residents for replacing existing landscaping with drought-resistant plants. The new law also prevents HOAs from imposing fines on residents who stop or limit watering their lawns during declared droughts.

New drought rules

The relevant section of the California Civil Code previously stated that any provision of an HOA’s governing documents was void and unenforceable to the extent that it “prohibits, or includes conditions that have the effect of prohibiting, the use of law-water using plants as a group.”

Expands the language

The new law expands this language by also voiding any such prohibition contained in an HOA’s architectural or landscaping guidelines as well as its governing documents. In addition, the new law voids any such restriction on the use of such plants “as a replacement for existing turf”, beyond the initial installation of landscaping.

It should be noted that the law still does not specifically require HOAs to allow the use of artificial turf as a means of water conservation. As artificial turf is not considered to be a “plant,” HOAs can still prohibit artificial turf.

Filed Under: drought, Home Owners Assoications (HOAs), laws

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Mr. Gonzales is in private practice, providing representation, advice and counsel in complex real estate, corporate, and business transactions on behalf of public and private institutions, businesses, and individuals.

This material has been prepared by Daniel S. Gonzales for informational purposes only and does not constitute advertising, a solicitation, or legal advice. Neither delivery nor transmission of this material or the information contained herein is intended to create, and receipt thereof does not constitute formation of, an attorney-client relationship. The reader should not rely upon this information for any purpose without seeking legal advice from a licensed attorney. The information contained in this material is provided only as general information and is not promised or guaranteed to be correct or complete. Daniel S. Gonzales expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this material.

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