Authors: Shani O. Zakay, Esq. and Rachael Harrington
Say goodbye to the lush green grass that lines the streets of your common
interest development. Amidst the drought California is facing, Governor
Brown has issued an executive order voiding all CC&R provisions which
effectively prohibit homeowners from following government or public agency
water conservation measures. While this may not be the end of those vivid
green lined streets and yards, it does mean homeowners will be able to
plant more succulents and other plants that need less water to thrive.
Lawns should only be watered twice a week, and
associations will be barred from fining homeowners who fail to water their lawns during a drought declared state of emergency. If located in Coachella
Valley, associations, as well, must join the effort in water conservation
as they are now prevented from using portable domestic water to irrigate
the common area landscape where non-portable water is available. As instructed,
help conserve to make California drought free and say goodbye, for now,
to lush green lawns.
This restriction on associations ability to enforce their landscaping rules is
already in effect. Therefore, we recommend you consult with your legal counsel before enforcing
any rules and regulations that may be affected by the bill.
For more information regarding the changes to the law, please see AB2104,
AB2100, and AB1896. You can search the Assembly Bill at http://leginfo.legislature.ca.gov/faces/billSearchClient.xhtml.