Quick Answer
AB 1572 (Chapter 849, Statutes of 2023) adds Water Code section 10608.14, which bars the use of potable water to irrigate "nonfunctional turf" in the common areas of HOAs and common interest developments beginning January 1, 2029. HOAs with more than 5,000 square feet of irrigated common area must certify compliance starting June 30, 2031, and every three years through 2040. It is a Water Code law, not a Davis-Stirling section, but it directly affects landscape budgets and reserves.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | AB 1572 (Friedman), Chapter 849, Statutes of 2023; Water Code sections 110, 10608.12, 10608.14 |
| Signed | October 13, 2023 |
| HOA compliance date | January 1, 2029 for common areas of HOAs, common interest developments and similar entities |
| Certification | More than 5,000 sq. ft. of irrigated common area: first certification June 30, 2031, then every three years through 2040 |
| Applies to | Common areas of HOAs and common interest developments (not individual lots) |
| Remedy or penalty | "Civil liability and penalties set forth in Section 1846" of the Water Code, or penalties under a local water supplier's ordinance or policy |
What the Law Says
Section 10608.14(a)(4) prohibits "the use of potable water for the irrigation of nonfunctional turf" on "all common areas of properties of homeowners' associations, common interest developments, and community service organizations or similar entities, beginning January 1, 2029."
Key definitions (section 10608.12)
- "Potable water" is "water that is suitable for human consumption."
- "Functional turf" is "a ground cover surface of turf located in a recreational use area or community space." Turf "enclosed by fencing or other barriers to permanently preclude human access for recreation or assembly is not functional turf."
- "Nonfunctional turf" is "any turf that is not functional turf, and includes turf located within street rights-of-way and parking lots."
- A "recreational use area" is an area designated to accommodate human foot traffic for recreation, "including, but not limited to, sports fields, golf courses, playgrounds, picnic grounds, or pet exercise areas," whether formal or informal.
- "Common area" means the portion of a common interest development not assigned to the exclusive use of an individual dwelling unit.
Exceptions, extensions and enforcement
- Section 10608.14(b): the prohibition does not apply "to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to the extent necessary to address an immediate health and safety need."
- Section 10608.14(c): the state board (the digest names the State Water Resources Control Board) may postpone a deadline by up to three years on a showing of good cause, including economic hardship.
- Section 10608.14(e)(2): an HOA with more than 5,000 square feet of irrigated common area "shall certify to the board, commencing June 30, 2031, and every three years thereafter through 2040."
- Section 10608.14(g): a public water system, city, county or city and county may enforce the chapter.
- Section 10608.14(d): public water systems must revise their rules by January 1, 2027 to include these requirements and communicate them to customers.
What This Means in Practice
For boards
The first step is a turf inventory. Walk the common area and sort turf into functional (a play lawn, pet area, picnic or gathering space people use) and nonfunctional (decorative strips, entry lawns and median turf that serve no recreational purpose). Our reading is that the sorting is a fact question about the designated use of each area, which is why a written designation by the board may help.
For reserves and budgets
Converting turf or irrigation costs money, and the law does not say whether reserve funds can be used. Ask your reserve analyst and counsel before assuming an irrigation conversion is a reserve expense.
What the law does not say
- It does not address individual owner lots; the deadline is for common areas.
- It does not say who at the association signs the certification. Our reading is that the board should designate a person and keep documentation; confirm with counsel.
- It does not set a dollar penalty in the text we read; it points to Water Code section 1846 and local water supplier rules.
Timeline
| Date | Event |
|---|---|
| October 13, 2023 | AB 1572 approved by the Governor, Chapter 849, Statutes of 2023 |
| January 1, 2027 | Public water systems must update their rules and notify customers; also the deadline for local government and Department of General Services properties |
| January 1, 2028 | Commercial, industrial and other institutional properties |
| January 1, 2029 | HOA and common interest development common areas |
| June 30, 2031 | First compliance certification for HOAs with more than 5,000 sq. ft. of irrigated common area, then every three years through 2040 |
Related California Law
- California HOA reserve study rules
- HOA special assessments in California
- California HOA laws 2026 guide
- California Davis-Stirling Act guide
Where We Stand
Our position: we support this law with a caveat. Cutting potable irrigation of purely decorative lawn saves water and can lower a major line item in many landscape budgets over time. The caveat is the cost and timing of conversion, especially for older communities with large entry lawns and aging irrigation: boards should plan for it in the reserve study and budget well before 2029 instead of treating it as a last-year project. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
Board Checklist
- Map all turf in common areas and mark each area functional or nonfunctional.
- Measure total irrigated common area to see whether the 5,000 square foot certification threshold applies.
- Ask your landscape contractor and water supplier about conversion options and local rules.
- Ask your reserve analyst whether irrigation conversion belongs in the reserve study.
- Confirm with counsel whether any area can lawfully be redesignated as a recreational use area.
- Review whether trees and perennial plantings need potable water under the section 10608.14(b) exception.
- Calendar June 30, 2031 for the first certification if the threshold applies.
Frequently Asked Questions
When must HOAs stop irrigating nonfunctional turf with potable water?
Beginning January 1, 2029 for the common areas of HOAs and common interest developments.
What counts as functional turf?
Turf in a recreational use area or community space, such as sports fields, playgrounds, picnic grounds or pet exercise areas. Turf fenced off to permanently block human access is not functional turf.
Does the law apply to my own backyard?
The prohibition in section 10608.14(a)(4) addresses common areas of HOAs and common interest developments, not individual owner lots.
Can trees still be watered with potable water?
Yes, to the extent necessary to ensure the health of trees and other perennial nonturf plantings, or to address an immediate health and safety need.
When is the certification due?
An HOA with more than 5,000 square feet of irrigated common area certifies starting June 30, 2031, and every three years through 2040.
Who enforces the law?
A public water system, city, county, or city and county may enforce it. Penalties follow Water Code section 1846 or a local supplier's ordinance or policy.
Can the deadline be extended?
Section 10608.14(c) lets the state board postpone a deadline by up to three years on a showing of good cause, including economic hardship, for certain persons, institutions and businesses. Whether a given HOA qualifies is a question for counsel.
Where This Comes From
We read the chaptered text of AB 1572 (Chapter 849, Statutes of 2023), including the Legislative Counsel's Digest and Water Code sections 110, 10608.12 and 10608.14 as added or amended. Official bill page: California Legislative Information, AB 1572.
How APM Helps
Association Property Managers manages HOA and condominium communities in the San Francisco Bay Area from our Dublin office. See our California service area, browse every California state-law guide, or request a free proposal. Laws and documents differ by community, and we review your CC&Rs and bylaws when we build your proposal.
Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed California attorney before acting.
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