HOA Homefront: New regulation restricts watering of HOA 'nonfunctional turf'
HOA Homefront: New regulation restricts watering of HOA ‘nonfunctional turf’
Kelly G. RichardsonFeb. 27, 2024
Q: Are you able to tackle AB 1572, which could have an enormous impact financially on our HOA?
B.W., San Diego
A: Although 2024 is anticipated to be a drought-free 12 months, California is traditionally susceptible to intervals of drought. On Oct. 13, the governor signed into regulation Meeting Invoice 1572, creating a brand new Water Code Part 10608.14. (So now, along with Civil, Authorities, Firms, and Car Codes, there are additionally Water Code sections particularly affecting HOAs.)
This new statute requires varied property house owners, together with widespread curiosity improvement associations, to take away nonfunctional turf or irrigate it with reclaimed water. HOAs are required to cease utilizing potable water to irrigate nonfunctional turf or to take away such turf from widespread areas by the top of 2028.
Nonfunctional turf is outlined by Water Code Part 10608.12 as turf that’s not purposeful turf. Purposeful turf is outlined as a floor cowl floor of turf situated in a leisure use space or group area. Turf enclosed by fencing or different obstacles to completely preclude human entry for recreation or meeting will not be purposeful turf. Turf means a floor cowl floor of mowed grass. (Title 23 California Code of Rules Part 491(zzz))
The regulation permits HOAs to make use of potable water to irrigate timber and different non-turf plantings.
HOAs should obtain compliance with this new regulation by Jan. 1, 2029. Nevertheless, given the aforementioned definitions, solely mowed grass areas which are enclosed and never accessible to residents look like outlined as nonfunctional turf. Due to this fact, most HOAs in all probability won’t be significantly impacted. Nevertheless, mowed grass areas which are purely ornamental and never accessible for residents to take pleasure in seem to fall beneath this restriction, so HOAs ought to plan on supplying such areas with reclaimed water or just eradicating any mowed turf from the placement.
HOAs with over 5,000 sq. toes of irrigated widespread space should each three years present a certification of compliance to the State Water Board. 1000’s of HOAs have that a lot irrigated widespread space and should certify compliance, and the primary certification is due on June 30, 2031.
The penalties for noncompliance are present in Water Code Part 1846, which supplies for penalties of as much as $500 per day of violation. The state may additionally sue to implement the regulation and accumulate the penalties.
Whereas the legal guidelines objective of accelerating potable water conservation is laudable, and though it wont considerably have an effect on most HOAs, there may be nonetheless the reporting requirement each three years to reckon with. Will the water board think about the failure to well timed file a report back to be a single $500 violation, or will it think about every day to be a separate violation? Will the water board set up a type for these stories? Can they be submitted electronically? These are questions that stay to be sorted out within the coming years because the water board implements this statute.
In case your HOA has greater than 5,000 sq. toes of widespread space, the reporting deadline of June 30, 2031, needs to be calendared to keep away from late submitting.
Hopefully the influence in your HOA won’t be as nice as feared.
To learn any California statute or invoice, the official web site is leginfo.legislature.ca.gov.
Richardson, Esq. is a Fellow of the School of Group Affiliation Attorneys and Accomplice of Richardson Ober LLP, a California regulation agency recognized for group affiliation recommendation. Submit column inquiries to
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