Civil Code 4735(c) prohibited associations from fining or assessing an owner who let their yard “go brown” by not watering it during a declared state of drought emergency.
Under Civil 4735(a)(2) associations may not ban artificial turf, even after the drought emergency has ended.
Many association boards and managers may be misled by the end of the drought emergency, believing incorrectly that associations can now direct homeowners to remove the modifications made to landscaping in order to conserve water.
However, per Civil Code 4735(e), owners who have installed water-efficient landscaping measures cannot be required to remove them, even after the drought emergency.
So, for example, associations may not force residents to remove artificial turf installed during the drought emergency.
Furthermore, the right to install xeriscapes (low water-using plants) or artificial turf still is in place under Civil Code 4735(a).
As Governor Brown urged in his Executive Order, California residents should continue “maintaining conservation as a way of life.” Much of California is not naturally rich in fresh water resources, and wise property owners and associations will continue to be conservative with the use of water.
Common interest development associations (aka “HOAs”) should have architectural rules in place already to make sure that xeriscapes or artificial turf yards are presentable and an asset to the community.
The emergency-related provisions of Civil Code Sections 4735 and 4736 were not removed from the law.
The next time a state drought emergency is declared, the laws will again apply to California homeowners associations.

The Declaration of Drought Emergency was issued by Gov.
Civil Code 4735(c) prohibited associations from fining or assessing an owner who let their yard “go brown” by not watering it during a declared state of drought emergency.
Under Civil 4735(a)(2) associations may not ban artificial turf, even after the drought emergency has ended.
Many association boards and managers may be misled by the end of the drought emergency, believing incorrectly that associations can now direct homeowners to remove the modifications made to landscaping in order to conserve water.
However, per Civil Code 4735(e), owners who have installed water efficient landscaping measures cannot be required to remove them, even after the drought emergency.
So, for example, associations may not force residents to remove artificial turf installed during the drought emergency.
Furthermore, the right to install xeriscapes (low water-using plants) or artificial turf still is in place under Civil Code 4735(a).
Common interest development associations (aka “HOAs”) should have architectural rules in place already to make sure that xeriscapes or artificial turf yards are presentable and an asset to the community.
The emergency-related provisions of Civil Code Sections 4735 and 4736 were not removed from the law.
The next time a state drought emergency is declared, the laws will again apply to California homeowners associations.

On Friday, April 7, Gov. Jerry Brown rescinded the state of emergency caused by the statewide drought, which he declared in January 2014. The emergency conditions were lifted for all but four counties — Fresno, Kings, Tulare and Tuolumne. In his press release, Brown said, “This drought emergency is over, but the next drought could be around the corner. Conservation must remain a way of life.” The Executive Order B-40-17 maintains water reporting requirements and prohibitions on wasteful practices, such as watering during or right after rainfall. The State Water Resources Control Board will maintain urban water use reporting requirements and prohibitions on wasteful practices such as watering during or after rainfall, hosing off sidewalks and irrigating ornamental turf on public street medians, according to the release. Also, the order maintains that the state will continue its work to develop a statewide response to the bark-beetle outbreak in drought-stressed forests that has killed millions of trees across California. Brown’s action had been anticipated after one of the wettest winters on record. Already, Pine Cove has received 37 inches of rain, nearly 50 percent more than the long-term annual average. Besides the winter precipitation, Californians statewide have made significant water reduction. Last week, the SWRCB also reported that statewide water conservation was 25 percent in February, more than double the February 2016 savings. The governor’s decision will have some, but not a major, effect on local…