SB 23-178

Senate Bill 23-178, also known as the "Water-wise Landscaping in Homeowners' Association Communities" bill, allows homeowners in single-family detached homes to use water-efficient landscaping methods like xeriscaping and drought-tolerant plants without facing restrictions from their homeowner associations. The bill ensures that HOAs cannot prohibit vegetable gardens or require more than 20% of the yard to be covered with hard surfaces like concrete. It also requires HOAs to provide at least three pre-approved water-wise garden designs for front yards. This law was signed by the governor and will take effect on August 7, 2023, benefiting homeowners who want to conserve water while landscaping their properties.

Official Summary

Under current law, a unit owners' association (association) of a common interest community may not prohibit the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible. There is, however, an exception authorizing an association to adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or to regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property, on a limited common element, or on other property for which the unit owner is responsible. The act states that an association's guidelines or rules must: Not prohibit the use of nonvegetative turf grass in the backyard of a unit owner's property; Not unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner's property; Allow a unit owner an option that consists of at least 80% drought-tolerant plantings; and Not prohibit vegetable gardens in the front, back, or side yard of a unit owner's property. The act requires an association to develop at least 3 garden designs that are preapproved by the association for installation in front yards within the common interest community. To receive preapproval, a garden design must adhere to the principles of water-wise landscaping or be part of a water conservation program operated by a local water provider. A unit owner who is affected by an association's violation of the act's requirements may, after providing the association notice of and a 45-day period to cure the violation, bring a civil action to restrain further violation and to recover up to $500 or actual damages, whichever is greater. The act's provisions apply only to a unit that is a single-family detached home and do not apply to: A unit that is a single-family attached home that shares one or more walls with another unit; or A condominium. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)

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