The New Law Restricting Watering of HOA “Nonfunctional Turf” – It’s Not So Bad

By Kelly G. Richardson, Esq. CCAL

This article first appeared in the CAI Channel Islands Chapter’s Channels of Communication Magazine, May 2025 Issue. You can view the issue here.

California is historically prone to periods of drought. Even though the current era appears more solid on the water supply issue, it is pretty certain that drought cycles will reappear before too long.

So, California has passed many laws designed to encourage landscaping which is conservative in water requirements, including Civil Code Section 4735(a), protecting low water-using landscapes in HOAs, Section 4736, barring HOAs during water emergencies from requiring residents to pressure wash home exteriors, and Section 4735(b), protecting the right of residents to let their yard landscaping die during drought emergencies.

On October 13, 2023, the Governor signed into law Assembly Bill 1572, creating a new Water Code Section 10608.14. [Yes, so now in addition to Civil, Government, Corporations, and Vehicle Codes, there are also Water Code sections specifically affecting HOAs.]

Fortunately, the term “Nonfunctional turf” is defined, and it is quite different than one might first assume. Water Code Section 10608.12 defines “nonfunctional turf” as “turf that is not functional turf.” To find what is “functional” turf, one has to visit the California Code of Regulations, which “functional turf” is defined as “a ground cover surface of turf located in a recreational use area or community space. Turf enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf.” “Turf” means a “ground cover surface of mowed grass.” (Title 23 California Code of Regulations Section 491(zzz))

So, “nonfunctional” turf is turf which is enclosed and inaccessible to use by residents – in other words, not only purely decorative but specifically inaccessible to any recreational use. If your HOA has turf which is not regularly used by residents, that does not automatically make it “nonfunctional turf” subject to the new statute. The turf does not become “nonfunctional” through disuse – the use has to basically be impossible. 

The law allows HOAs to use potable water to irrigate trees and other non-turf plantings. 

HOAs must achieve compliance with this new law by January 1, 2029. However, given the aforementioned definitions, only mowed grass areas that are enclosed and not accessible to residents appear to be defined as “nonfunctional turf.” Therefore, most HOAs probably will not be greatly impacted. However, mowed grass areas that are purely decorative and not available for residents to enjoy appear to fall under this restriction, so HOAs should plan on supplying such areas with reclaimed water or simply removing any mowed turf from the location. 

Even though the main part of the statute won’t apply to most HOAs, there is one requirement which at first seemed to apply to many larger associations. Per Water Code Section 10608.14(e) commercial, industrial, or institutional properties with over 5,000 square feet of irrigated common area must every three years provide a certification of compliance to the State Water Board. However, common interest developments are separately mentioned in the statute, so it seems reasonable to assume that the reporting requirement does not apply to common interest developments, which are not “commercial, industrial, or institutional” properties. There is some worry that perhaps the Water Board will apply the reporting requirement to common interest developments, but it appears that the statute expressly did not mention common interest developments in subpart (e) of the statute, even though common interest developments are mentioned separately in Water Code 10608.14(a)(4). This should give California HOAs comfort that the three-year compliance reporting requirement does not apply to them.

While the law’s goal of increasing potable water conservation is laudable, and although it won’t affect most HOAs, or even other types of properties, there is still the reporting requirement every three years that other non-HOA properties will have to reckon with. Will the Water Board consider the failure to timely file a report to be a single $500 violation, or will it consider each day to be a separate violation? Will

the Water Board establish a form for these reports? Can they be submitted electronically? These are questions that remain to be sorted out in the coming years as the Water Board implements this statute. Fortunately, common interest developments (aka “homeowner associations”) won’t have to worry about that problem.

To read any California statute or bill, the official state website is www.leginfo.legislature.ca.gov.