2015 Legislation – AB 786 – Recycled Water and Drought-Related Fines

Existing law prohibits HOAs for fining owners who underwater their landscaping during a drought. This bill would allow fines in associations where recycled water is used for all irrigation.

Existing law prohibits HOAs for fining owners who underwater their landscaping during a drought. This bill would allow fines in associations where recycled water is used for all irrigation. From the Legislative Counsel’s Digest:

Existing law also prohibits an association, except an association that uses recycled water for landscape irrigation, from imposing a fine or assessment on separate interest owners for reducing or eliminating watering of vegetation or lawns during any period for which the Governor has declared a state of emergency or the local government has declared a local emergency due to drought.

This bill would revise that exception to instead authorize the imposition of a fine or assessment against the owner of a separate interest that receives recycled water from a retail water supplier, as defined, and fails to use that recycled water for landscaping irrigation.