Does Your HOA Have ‘Nonfunctional Turf’?

In 2029, a new law will ban watering of “nonfunctional turf” with potable water. What is nonfunctional turf, and must your HOA prepare to remove it?

In 2023, the Legislature passed Assembly Bill 1572 and created Water Code Section 10608.14, applicable to properties including common interest developments. This new statute requires various property owners, including HOAs, to either remove nonfunctional turf or begin irrigating it with reclaimed water. HOAs must comply before 2029. Since most HOAs do not have reclaimed water readily available to them without great expense, many HOAs are erroneously assuming they must remove grass areas not regularly used by residents.