Can HOAs or cities enforce their landscaping guidelines that conflict with homeowners’ drought responses?

Homeowners’ associations (HOAs) are prohibited from fining residents who are taking appropriate drought measures to conserve water. In drought emergencies, many homeowners want to change their landscaping to plants and structures that require less water or to reduce watering turf. The State Water Board regularly receives complaints during drought from homeowners frustrated by HOAs enforcement of landscaping rules, such as requiring lawn watering or maintaining specific plants. This enforcement may violate the Davis-Stirling Act The State Water Board or a local agency could impose penalties on any HOA that violates specific portions of the Davis-Stirling Act. The emergency regulation includes a similar provision prohibiting cities and counties from restricting certain drought responses.

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1. What water uses are prohibited?
2. What is potable water?
3. Who does this apply to?
4. Are these exceptions from the prohibitions?
5. Can communities still water tress?
6. Who enforces the prohibitions?
7. Where can I report water waste violations?
8. Are there restrictions on filling swimming pools?
9. Where can I find the state's adopted emergency regulation?
10. What is "non-functional turf"?
11. Does the non-functional turf irrigation ban apply to residential properties?
12. Are there any exceptions to the non-functional turf irrigation ban?
13. Who decides if turf is functional?
14. Does the regulation affect trees? Do urban trees need to be watered?
15. What actions may a water supplier or local government (or any entity already authorized to enforce infractions) take to enforce violations of the regulation? What actions may the Board take?
16. Can HOAs or cities enforce their landscaping guidelines that conflict with homeowners’ drought responses?
17. Does this regulation apply to HOAs?