« What If A Pre-Meeting Agenda Is Required But There is No Place to Post? | Main | A Manager Violates the Davis Stirling Act - What Can Be Done? »
August 6, 2007
May Associations in California Force Owners To Plant Greedy-Water Plants?
Homeowners associations are usually allowed to set guidelines relating to what owners in them can plant in their yards. These would normally be called landscaping guidelines.
Sometimes Boards have stringent guidelines that would prohibit native or water conserving plants.
However, in these days of serious water shortages, water conserving landscapes are "in” vogue in many areas and it is "cool" to replace water-greedy lawns with native plants that require less of such a precious resource. Still, Boards and Owners fight over this. And Developers want "green" to make "green."
So are there limits on what requirements can be enforced?
Yes, there are.
See California Civil Code Section 1353.8 which was added to the State Code last year. It says: "The architectural guidelines of a common interest development shall not prohibit or include conditions that have the
effect of prohibiting the use of low water-using plants as a group."
Posted by Beth Grimm at August 6, 2007 9:44 PM