The Hedge | Brutal Honesty Over Hype Since 2008
California’s ongoing water scarcity challenges have produced new legislative requirements affecting HOA landscaping obligations and individual homeowner water conservation rights — requirements that intersect with HOA enforcement authority in ways that create specific legal protections for homeowners who choose drought-tolerant landscaping.
The Right to Drought-Tolerant Landscaping
California Civil Code Section 4736 prohibits HOA rules that require homeowners to use water-intensive landscaping or that prohibit drought-tolerant alternatives. Specifically, an HOA cannot enforce a rule or CC&R provision that effectively requires the use of turf grass in areas subject to state or local water restrictions, or that prohibits the replacement of turf with drought-tolerant plants, artificial turf meeting specified standards, or permeable hardscape. HOAs that have been enforcing maintenance standards requiring traditional grass lawns in drought-restricted areas may be acting contrary to California law.
The WELO Ordinance Landscape
California’s Model Water Efficient Landscape Ordinance (WELO) has been adopted with local modifications by most California cities and counties. WELO establishes maximum water budgets for new landscaping and requires water-efficient irrigation systems for new or renovated landscapes above certain square footages. HOA common area landscaping projects that trigger WELO must comply with its requirements, and HOAs that approve member landscaping projects should ensure those projects don’t violate applicable WELO requirements — because violations create liability for both the association and potentially the individual member.
The Practical Intersection with HOA Enforcement
If your HOA is trying to fine you for replacing traditional landscaping with drought-tolerant alternatives, or is requiring you to water your lawn during a water shortage emergency that prohibits outdoor watering, you have both Civil Code Section 4736 protection and in some circumstances local ordinance protection. Document the specific enforcement action, identify the specific legal authority prohibiting it, and raise the conflict in writing to the board before the IDR process. Many boards don’t know these protections exist and back down when confronted with the specific legal authority. The ones that don’t are candidates for the escalation pathway covered in earlier posts in this series.
The Hedge has been cutting through financial and business noise since 2008. Brutal honesty over hype — always.