Weeds & Dead Lawns

Source: Adrian J. Adams, Esq.

QUESTION: I know we are in a drought but what can we do when owners let their lawns die and weeds grow?

ANSWER: Normally, you would hold hearings and fine members. But with the current drought emergency, your options are limited.

Weeds. You still have the power to require the removal of dead plants and weeds. This is consistent with another statute, Civil Code §4750(e), which allows an association to require the removal of dead plant material and weeds from personal gardens.

Dead Lawns. Dead lawns are another matter. Because of the drought emergency, boards cannot fine owners for reducing or eliminating the watering of lawns during any period for which the governor or local government has declared a drought emergency. (Civ. Code §4735.) 

Lawn Replacement. Can HOAs force the removal of dead turf and require its replacement with different landscaping? Probably not. Even when a lawn turns brown and looks dead, most will bounce back when watered. If an association were to order the removal of turf and the installation of new landscaping (under penalty of fines), a judge could deem it contrary to the anti-fining statute and rule against the association.

RECOMMENDATION: Associations should adopt landscape standards that describe the types of low-water plants allowed as well as permissible alternatives, such as hardscapes, wood chips, crushed rock, etc. Doing so establishes new aesthetic standards for the community. As more people remove their lawns and install drought tolerant landscaping, members with dead lawns may be more inclined to remove dead turf and re-landscape. Once the drought is over, associations can take a more direct approach to the problem.

Thank you to attorney Wayne Louvier in our Orange County office for his assistance with this question.