Sonya Jaquez Lewis
- Democratic
- Senator
- District 17
Under current law, a unit owners' association (association) of a common interest community may not prohibit the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible. There is, however, an exception authorizing an association to adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or to regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property, on a limited common element, or on other property for which the unit owner is responsible. The act states that an association's guidelines or rules must: Not prohibit the use of nonvegetative turf grass in the backyard of a unit owner's property; Not unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner's property; Allow a unit owner an option that consists of at least 80% drought-tolerant plantings; and Not prohibit vegetable gardens in the front, back, or side yard of a unit owner's property. The act requires an association to develop at least 3 garden designs that are preapproved by the association for installation in front yards within the common interest community. To receive preapproval, a garden design must adhere to the principles of water-wise landscaping or be part of a water conservation program operated by a local water provider. A unit owner who is affected by an association's violation of the act's requirements may, after providing the association notice of and a 45-day period to cure the violation, bring a civil action to restrain further violation and to recover up to $500 or actual damages, whichever is greater. The act's provisions apply only to a unit that is a single-family detached home and do not apply to: A unit that is a single-family attached home that shares one or more walls with another unit; or A condominium. APPROVED by Governor May 17, 2023 EFFECTIVE August 7, 2023 NOTE: This act was passed without a safety clause and takes effect 90 days after sine die. (Note: This summary applies to this bill as enacted.)
Governor Signed
Sent to the Governor
Signed by the Speaker of the House
Signed by the President of the Senate
Senate Considered House Amendments - Result was to Concur - Repass
House Third Reading Passed - No Amendments
House Third Reading Laid Over Daily - No Amendments
House Second Reading Special Order - Passed with Amendments - Committee
House Second Reading Laid Over Daily - No Amendments
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
House Committee on Transportation, Housing & Local Government Witness Testimony and/or Committee Discussion Only
Introduced In House - Assigned to Transportation, Housing & Local Government
Senate Third Reading Passed - No Amendments
Senate Second Reading Passed with Amendments - Committee, Floor
Senate Second Reading Laid Over Daily - No Amendments
Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
Introduced In Senate - Assigned to Local Government & Housing
Bill Text Versions | Format |
---|---|
Signed Act (05/17/2023) | |
Final Act (05/05/2023) | |
Rerevised (04/26/2023) | |
Revised (04/24/2023) | |
Reengrossed (04/04/2023) | |
Engrossed (04/03/2023) | |
Introduced (03/03/2023) | |
PA2 (04/19/2023) | |
PA1 (03/29/2023) | |
Committee Amendment |
Document | Format |
---|---|
Fiscal Note FN1 (03/10/2023) | |
Fiscal Note FN2 (08/07/2023) |
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