California Governor Jerry Brown declared a State of Emergency in January 2014 because of a severe drought that has persisted for several years. Since then, the state government has mandated widespread restrictions on water use, including restrictions on the ability of local governments and homeowners’ associations (HOAs), during emergency drought conditions, to enforce rules requiring residents to water their lawns. These water conservation efforts, however, continue to come into conflict with some HOAs around the state.
Governor Brown signed AB 2104 into law in September 2014. The bill amends the Davis-Stirling Common Interest Development Act (DSCIDA), the main law governing California HOAs, to restrict the enforcement of certain regulations during a state of emergency, as declared by the governor or a local government, related to drought. HOAs may not penalize their members “for reducing or eliminating the watering of vegetation or lawns.” Cal. Civ. Code § 4735. The bill responded to several situations in which HOAs imposed fines or assessments against residents who were responding to Governor Brown’s calls for water conservation.
In April 2015, Governor Brown issued Executive Order B-29-15 (PDF file), which instituted a wide range of water-saving measures. The order directs the State Water Resources Control Board to implement restrictions with a goal of a 25 percent reduction “in potable urban water usage” across the state by February 2016. It directs the Department of Water Resources to lead an effort “to collectively replace 50 million square feet of lawns and ornamental turf with drought tolerant landscapes.” Among many other provisions of the executive order are a ban on watering grass in public street medians and increased use of water-saving technologies.