CA - AB 1572

Started by SusanO3 • 8 replies • 167 views

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SusanO3 (California)
Posts: 163

Posted:

We are a 95 unit townhouse community in Northern CA. We have small 10 ft x 10 ft gardens in front of each house which are part of the "owner lot" on our Deed but maintained by the Association. Our Property Manager is saying that the above Bill means that our small gardens will need to be converted due to the AB 1572. My reading is different, I think that the Bill applies to common areas (which for us is very few, around the outside of our development, and that it doesn't apply to the grass in front of each house because the grass is part of the owner's lot, not common area (even if the HOA maintains it to keep the fronts looking good".

I know I can and will ask a lawyer, but just wanted to see what this forum community thinks. Is my, or the Property Manager's interpretation correct from your knowledge Thanks, Sue

BryonW (Massachusetts)
Posts: 55

Posted:

Hi SusanO3 - on the law, I agree with you. I found the full text of the bill here: https://legiscan.com/CA/text/AB1572/id/2841227

And I found the definition of "common areas":

"SEC. 3. Section 10608.12 of the Water Code is amended to read: ...
(g) “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association or a community service organization or similar entity that is not assigned or allocated to the exclusive use of the occupants of an individual dwelling unit within the property."

So if you can convincingly argue that your 10x10 lawns ARE for the exclusive use of each occupant, (sounds like your deed would be clear evidence of this), then the definition does not include your lawns.

However on principle I agree with your property manager. California, and many western states, are facing serious water shortages, and irrigating ornamental lawns is just not a high priority use of water.

They have rebates available to help you remove the grass, and replace it with native plants that can survive on the rain alone: https://saveourwater.com/yardrebates/#2

I hope you will look into these rebates, and consider making the change voluntarily!

SusanO3 (California)
Posts: 163

Posted:

Thank you Bryan for looking into this. We will address our 10 x 10 foot front lawns when we see "Mega Mansion HOAs" in CA doing doing same. Not being snippy at you, just aware that the bigger users; Corporations and the ultra rich should lead the way.

Politics in USA is making me grouchy at the monent, but absolutely not a you. Many thanks, Sue

DeanJ
Posts: 1,786

Posted:

g) “Common area” means that portion of a common interest development or of a property owned or managed by a homeowners’ association.

In the scenario given, a 10x10 garden not owned by the HOA, but managed by the HOA, and may fall under this law.

.

SheliaH (Indiana)
Posts: 6,964

Posted:

I like Bryon's suggestion about replacing grass with native plants. Considering the wildfires that California has had to cope with, I personally would look into the amending your documents to clarify who's responsible for the lawns - because you know some people are more responsible than others in this regard.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

SusanO3 (California)
Posts: 163

Posted:

Thank you all for your replies. In a perfect world I agree with all your comments about moving to drought friendly landscaping, but we have much bigger issues to deal with, like the replacement of our concrete tiles roof underlay over the next 5 years. I have written to our HOA attorney to get a "paid for" legal opinion. I will share it on this site, in case others have questions on this Bill in the future.

This is a great site for volunteer Board members and I appreciate all of you for taking the time to respond.

Regards,

Sue

ElleN (Idaho)
Posts: 1,334

Posted:

The following two sites discuss this relatively new law (not a mere "bill"):

https://www.davis-stirling.com/HOME/P/Potable-Water-Non-Functional-Turf

https://www.roattorneys.com/blog/the-new-law-restricting-watering-of-hoa-nonfunctional-turf-it-s-not-so-bad

I think the important part of the law is this: Do the residents have access to use this area? If so, then any grass inside this area is not "non functional turf.

SusanO3 (California)
Posts: 163

Posted:

Thanks, and I agree.

SusanO3 (California)
Posts: 163

Posted:

"The front yard portion of each lot is wholly owned by the individual members. Front yards are NOT a part of the common area. An opinion letter will be transmitted to you before your 3/10/26 board meeting."

Above quote from our HOA lawyer confirms that our small front yards are not part of AB 1572 requirements.

Regards,

Sue

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