By David Swedelson and Sandra Gottlieb, Partners at SwedelsonGottlieb, Community Association Attorneys
Governor Brown has signed AB 349, an urgency statute which takes effect immediately. AB 349 amends Section 4735 of the Civil Code, and it prevents associations from prohibiting the installation of artificial turf, or “any other synthetic surface that resembles grass.”
AB 349 also amends Civil Code Section 4735 to prohibit any requirement that an owner remove or reverse water-efficient landscaping measures that were installed in response to a declaration of a state of emergency, upon the conclusion of the state of emergency.
It should be noted that this is not the first time legislation has been introduced to address HOA bans on artificial turf. The California legislature passed similar proposed bills in 2010 and 2011, but then-Governor Schwarzenegger vetoed the 2010 bill, and current Governor Brown vetoed the 2011 bill.