Question: Can you address Assembly Bill 1572, which will have a big impact on our HOA financially? – BW, San Diego
A.: Regardless of dried-free year of 2024, California is historically prone to the duration of drought. On October 13, 2023, the Gover Gavin Newsome signed the Law AB 1572, making the water code section 10608.14. (So now, apart from citizens, government, corporations and vehicles, there are also water code section affecting HOS, especially HAS.)
This new law requires various property owners, including general interest development associations, to remove “non -tarf” or irrigate it with re -irrigation. Hoas requires irrigation of nonfunctional turf or using potable water to remove such turf from normal areas by the end of 2028.
The “nonfunctional turf” is defined by the water code section 10608.12, “Turf which is not functional turf.”
“Functional turf” is defined as a ground cover surface of “an entertaining use area or community located in community location. Turf entertainment or assembly attached by fencing or other obstacles is not functional turf.”
“Turf” means “ground cover surface of grass grass.” (Title 23 California Code of Regulation Section 491 (ZZZ))
The law allows HAS to use potable water to irrigate trees and other non-tarf plantations.
Hoas will have to comply with this new law by January 1, 2029.
However, given the above definitions, only the mood grass areas that are attached and not accessible to the inhabitants are defined as “non -tarf”.
Therefore, most hoses will probably not be very affected.
However, grass areas that are purely decorative and are not available to residents are under this restriction. Therefore, Hoas should plan to remove such areas with the water regained or to remove any mood turf from the bus space.
Communities with more than 5,000 square feet irrigated common region should provide certification of compliance with the State Water Board every three years. Thousands of HAS have a very irrigated common area and must certify compliance, and the first certification is scheduled to occur on 30 June 2031.
The penalty for non -non -renovation is found in Section 1846, which provides for a punishment of up to $ 500 per day of violation. The state can also sue for implementation of law and gathering punishment.
BTW: While the goal of the law to increase potable water conservation is admirable, and although it will not greatly affect the hoses the most, reporting is still required every three years.
Will the Water Board consider the failure to file a report on time, which will be a $ 500 violation, or will it consider each day for a separate violation?
Will the Jal Board set up a form for these reports? Can they be presented electronically? These are questions that are sorted in the coming years because the water board implements this law.
If your HOA has more than 5,000 square feet of normal area, the deadline of reporting of June 30, 2031, calendar should be caused to avoid late filing.
Hopefully, your effect on your HAA will not be as great as fear.
To read any California law or bill, the website Laginfo. Lagislacher.CA.
Kelly ji. Richardson, Esk. Lawyers of the College of Community Association and partner of Richardson Ober LLP, California’s legal firm, are known for the Community Association advice. Submit the potential column for the question [email protected],