2014 Legislation: AB 2104 - HOA Regulation of Turf

Bill Author: 
Gonzalez
Subject: 
Low Water-Using Plants
Status: 
Signed by Govenor

Update: The Govenor signed the bill on 9/18.

This bill would expand the options of homeowners who want to plant water-efficient landscape by further limiting possible restrictions in an association's CC&Rs.

From the Legislative Counsel's Digest:

The Davis-Stirling Common Interest Development Act provides for the creation and regulation of common interest developments. That act provides that a provision of any of the common interest development governing documents, as defined, that governs the operation of a common interest development, is void and unenforceable if it prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group, or if it has the effect of prohibiting or restricting compliance with a local water-efficient landscape ordinance or water conservation measure.
This bill would provide that a provision of the governing documents or of the architectural or landscaping guidelines or policies shall be void and unenforceable if it contains the above-described prohibitions or prohibits, or includes conditions that have the effect of prohibiting, low water-using plants as a replacement of existing turf.

Specifically, AB 2104 limits an association's authority to regulate the installation of "turf." The San Diego Union-Tribune offered this write-up on the bill: "Should bans on drought-resistant yards be lifted?". In related legislation, SB 992 approaches HOAs and watering from a different direction.