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Drought Tolerant HOAs and Homeowners?

With a looming extended drought, the legislature has been considering making turf and watering covenants, restrictions and guidelines of HOAs even harder to enforce and making xeriscaping easier.   The bill under consideration has been approved in the State Senate, is under consideration in the State House and is expected to be approved and become law this spring.   Senate Bill 183 would:

  • Make existing restrictions, prohibitions and limits of HOAs on xeriscaping unenforceable
  • Whole and partial ‘turf grass’ requirements would also be unenforceable
    • > ‘Turf grass’ would be defined as any non-native grass or grasses that have been developed for arid conditions
    • Xeriscaping is made more permissible, with drought tolerant plants
      • > Live plants can be required
      • > Artificial materials, plants and grass can be restricted
    • HOAs would be able to regulate drought tolerant landscapes, by type, number, placement of planting
    • HOAs would be able to regulate hard-scapes in landscaping
    • When a local water provider (City, water district, etc.) imposes water restrictions, the HOA cannot enforce watering requirements of any landscaping
      • > Owners could be required to water when permissible, but not when restricted by local government

    Click here for a link to the Senate Bill 183.

    The net effect to HOAs and Homeowners is a lot less green and a lot more tolerance for the drought and also for consequences of the drought. To make sure your covenants and landscape guidelines are in compliance, contact your attorney at Orten Cavanagh & Holmes or email us at info@ochhoalaw.com

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