Protection for Plastic Lawns

c c & rs h o a homefront legislation Sep 07, 2015

California is in the fourth year of drought, and even with predictions of an approaching heavy “El Nino” rain season, it may take years before state water resources return to normal. The Legislature last year passed several laws requiring that associations let landscaping die during a declared drought emergency (Civil Code 4735(c)), permit drought tolerant landscaping of common interest development yards (Civil Code 4735(a)(1)) and not require pressure washing (Civil Code 4736).

On September 5th, 2015, Governor Brown signed into law Assembly Bill 349 as an urgency measure, meaning that it becomes law immediately. After vetoes of artificial turf legislation in 2010 by then-Governor Schwarzenegger and again in 2011 by Governor Brown, drought concerns apparently have now overridden other expressed environmental concerns regarding degradation of plastic turf products.

AB 349 expanded Civil Code 4735, and now, in addition to not banning drought-resistant landscaping, associations may not prohibit or impose conditions which ”have the effect of prohibiting the use of artificial turf or any other synthetic surface that resembles grass.” (Civil Code 4735(a)(2)).

Does this mean associations must allow any green surface, or allow purple artificial turf (yes, it is available)? Hopefully homeowners and boards will be reasonable and agree that purple turf does not “resemble grass” as to color, just as a green painted concrete front yard does not “resemble grass” as to texture. Clearly, the law allows an association to pass reasonable specifications of approved artificial grass installations, so long as the restrictions are not so strict that they make the use of artificial grass impossible.

Associations would be well advised to begin the process of adopting rules which allow the reasonable installation of artificial grass and homeowners should apply for approval before installing, to avoid unnecessary conflict. Such rules should also require the owner to periodically sweep or otherwise clean the surface of dirt. If your association CC&Rs requires live grass yards, this law renders that provision unenforceable. Association rules are adopted by the board, following the rulemaking process prescribed by Civil Code Sections 4340-4370.

Although some may argue that the emergency statute creates the need for an emergency rule, the situation is not an “emergency as defined by Civil Code 4360(d). Others may argue that the 30 day notice process is not required because this rule change is required by law, under Civil Code 4355(b)(4), but the safe bet is to give 30 day notice and adopt the new rules in open session.

Homeowners desiring to install plastic grass should be patient and give their board a reasonable period of time to consult with the manager and develop reasonable standards, while at the same time hopefully boards will diligently prepare for such applications by investigating the available products and prepare appropriate rules.

Once the drought emergency is declared ended by the Governor, may the association require artificial grass to be removed? No, Section 4735 has a new subpart “d” which states that owners who install water saving landscape measures may not be required to remove them after the emergency ends. So, the plastic grass or xeriscape may remain even when the reservoirs are, some day hopefully soon, full again.


Written by Kelly G. Richardson

Kelly G. Richardson Esq., CCAL, is a Fellow of the College of Community Association Lawyers and a Partner of Richardson | Ober | DeNichilo LLP, a California law firm known for community association advice. Submit questions to [email protected]. Past columns at www.hoahomefront.com. All rights reserved®.