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CA Bill AB-349 Could Reverse Outdated HOA Laws

By Denise Valenzuela

Posted in

AB-349 Would Allow HOA Homeowners to Install Artificial Turf

AB-349 which was approved by the Assembly but is still going thru the Senate committee review process, would amend Civil Code Section 4735. This bill amends the existing law further, to make void and unenforceable any provision of the governing documents or architectural or landscaping guidelines or policies that prohibits use of artificial turf or any other synthetic surface that resembles grass.  The bill makes sense in this extended drought, to approve of another method for homeowners to save water.

Years ago the Civil Code Section 4735 was created to give HOA’s more power of influence over homeowners.  The existing law in part prohibits a Homeowner’s Association (“HOA”), except an HOA that uses recycled water for landscape irrigation, from imposing a fine or assessment on owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency or the local government has declared a local emergency due to drought.

The new bill extends this law taking it a step further to protect homeowners who want to install synthetic turf to save water and money from being penalized by HOA’s who previously had the power to fine people who ripped up their real grass lawns.

If the law goes into effect this could be a big win for homeowners, communities, the environment and benefits the housing market.  We will be keeping an eye on how this debate proceeds and what consumers who currently own homes in an HOA environment can  expect.

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