Does Executive Order N-4-23 Affect HOAs?

Question:

Hi. I hope you can help. I live in an HOA community and many homes are no longer maintaining their front lawns. Our water company here in Temescal Valley said we are at Stage 1, which means we don’t have watering restrictions except for not being able to water within 48 hours of rain, use shut-off nozzles on houses, no watering of driveways or sidewalks and repair leaks. We are no longer restricted and not in a drought. When I asked the HOA why they are not issuing violations for lack of maintenance they said it is because of Governor Newsom’s Executive Order N-4-23. Where in this order does it say that the HOA can’t issue violations for homes not maintaining their front lawns according to the HOA guidelines? I am dumbfounded. According to the HOA’s attorney, they cannot issue violation notices with this Executive Order in place. Please kindly help advise. Thank you!

– Roya

 

Answer:

Hi Roya,

For HOAs, the direct impact of Executive Order N-4-23 may be limited, as it primarily pertains to agricultural practices and water management on farms rather than urban or residential communities. However, if an HOA is situated near agricultural areas, it could indirectly affect water quality and availability.

If you need further clarification on how the Executive Order specifically affects your HOA, it is best to speak to your HOA board. However, the order does not explicitly prohibit HOAs from issuing violation notices pertaining to lawn care.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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