California homeowners’ associations have a new water-use deadline on the horizon.
Under Assembly Bill 1572 (AB 1572), the use of potable water to irrigate nonfunctional turf in HOA common areas will be prohibited beginning January 1, 2029.
While that deadline is still several years away, associations with affected landscaping should begin evaluating their common areas, governing documents, budgets, and vendor contracts now.
What AB 1572 Requires
AB 1572 phases in restrictions on using potable water to irrigate nonfunctional turf on certain properties throughout California. For HOA common areas, the prohibition takes effect January 1, 2029.
The law distinguishes nonfunctional turf from functional turf used for recreation or other community purposes. It also prohibits potable water irrigation rather than requiring HOAs to eliminate turf altogether. In some circumstances, recycled or other non-potable water may be available as an alternative.
Exceptions allow potable water to be used as necessary to maintain trees and other perennial non-turf plantings or address an immediate health or safety need.
Certain associations with more than 5,000 square feet of irrigated common area must also certify compliance to the State Water Resources Control Board beginning June 30, 2031, and every three years thereafter through 2040.
Why This Matters for HOA Boards Now
Complying with AB 1572 may require significant planning and expense. Boards should identify areas that may qualify as nonfunctional turf and evaluate whether to change landscaping, modify irrigation systems, or explore alternative water sources.
Those decisions can affect future budgets and reserve planning. Landscape redesign, plant replacement, and irrigation improvements can be costly, potentially requiring additional funding or special assessments.
Boards should also review existing landscaping contracts and consider whether services will need to change as the deadline approaches.
Homeowner expectations are another consideration. Lawns and greenbelts may be an established part of a community’s appearance, and proposed changes could generate pushback. Beginning the process early gives boards time to evaluate alternatives, communicate with homeowners, and budget appropriately.
Legal Considerations for HOA Boards
Governing documents should be part of the review. CC&Rs, architectural guidelines, or other governing documents may contain landscaping requirements that should be reviewed for consistency with future compliance efforts.
Boards should also consider whether proposed changes trigger notice or disclosure requirements, whether vendor agreements should be renegotiated, and how the association will maintain compliance.
Working with experienced HOA general counsel early in the process can help boards identify these issues before they become larger governance challenges.The law provides for enforcement and potential civil penalties for noncompliance.
Windsor PLC helps homeowners’ associations navigate statutory compliance, governance and other complex legal issues.
If your association is evaluating how AB 1572 may affect its common areas, contact our team to discuss the legal and practical considerations before making significant landscaping or budget decisions.
Frequently Asked Questions About AB 1572
Does AB 1572 require HOAs to remove nonfunctional turf?
No. The law prohibits using potable water to irrigate nonfunctional turf in HOA common areas beginning January 1, 2029. It does not require associations to remove the turf itself.
Can California HOAs continue irrigating functional turf?
AB 1572 distinguishes nonfunctional turf from turf used for recreation or other community activities. Because the determination depends on the facts, boards should not assume that every lawn or greenbelt automatically qualifies as functional turf.
When should an HOA begin preparing for AB 1572?
Boards can benefit from beginning preparation for the new law well before 2029, particularly if compliance could require landscaping changes, irrigation modifications, governing document amendments, reserve planning, or changes to vendor contracts. Early preparation also gives boards more time to communicate with homeowners and evaluate funding needs.
