Low Watering Plants and Artifical Grass

Question: " Does Artificial grass qualify as a Low Watering Plant?"

No, I don't believe that the spirit or intent of Civil Code 1353.8, which precludes a Common Interest Development (CID) from promulgating rules that have the effect of prohibiting the use of low water-using plants as a group was intended to cover artificial grass. First, it is not a plant... it is plastic. Second, the artificial grass does not require water. Therefore, the plain language of the statute seems to be very clear in that a HOA's architectural guidelines shall not prohibit the use of low water-using plants, which would arguably not include artificial grass.

Well then, what plants do constitute low water-using plants as a group? The statute doesn't guide us on this issue nor does it provide an Architectural committee a basis of denying or approving the type of plants that would qualify. I think it would be advisable for a Architectural committee to perform some research as to what types of plants would qualify as low-water using plants for the region in which the community is located. Select a variety of these qualified plants and establish them as community approved low-water using plants. This approach may cut off and avoid an action on the part of a member claiming arbitrary and capricious application of the architectural rules and violation of 1353.8.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Contact us via email Ryan.McClure.Esq@gmail.com or call us at 951.818.0687.