Posted by: Carl Goldman in Community News, Santa Clarita Latest News September 14, 2022 - 10:00 am 77 Comments 25,504 Views

This is the story of one such challenge. KHTS was approached by Steve Goodman, who resides in the North Park Community in Valencia. KHTS shared Steve’s frustration with the HOA Board, since a similar dilemma could be faced by many of us.

Here’s Steve’s story.

I have been a follower of KHTS for at least 20 years. I wanted to share the following personal story currently affecting me and my family that may likely relate to countless others residing in one of the many HOA Communities located within Santa Clarita during this water shortage crisis. Here goes:

I am a senior and live in an HOA community in Valencia. As a result of the current drought, Statewide Water Crisis, my wife and I decided to redo our front yard landscaping. Our HOA community requires submission of an application to the management company for Architectural Committee Board Approval. We did initiate this process, which the decision response was delayed by the HOA Board.

I had the opportunity to utilize an excellent professional landscaper and did not want to wait for an unknown amount of time to obtain approval for my application and informed the HOA that I was going ahead with the work submitted so that I can comply with the 3 days per week water rationing requirement in Santa Clarita.

I received an email only 3 days prior to the commencement of my landscaping work indicating that the guidelines require a 70 percent softscape (greenery) and 30 percent hardscape ratio. Our project was approximately the reverse. We had river rocks surrounding drought-tolerant plants after the removal of our front lawn. Each plant has a dedicated drip system to achieve water conservation. Moreover, it was designed in a workmanship-like manner to be aesthetically pleasing. The Board came back and insisted on the ratio of 70 percent plants and 30 percent rocks. I had my landscaper purchase additional groundcover plants that would spread and grow atop the rocks and visually yield that percentage of softscape to hardscape as it matures.

I presented a 4-page proposal report in-person to the HOA Board consisting of elected Board Member residents in the North Park Community. It was obvious that they had a grudge against me for proceeding ahead of their approval and said that my plans did not conform to the CC&R’s of the community. I said that the CC&R’s were originally written in about 1997 (25 years ago) and there was no Statewide Emergency Declaration of a water crisis requiring rationing of outdoor watering.

I indicated that the river rocks would serve as an insulator to maintain underground moisture levels to allow plants to thrive during intermittent watering requirements. The Board simply refused to read my report and listen to logical reasoning. They are now demanding that I revise my already completed project and remove rocks to the ratio of 30 percent hardscape and the remainder of 70 percent plants (softscape).

This will cost me several thousand dollars to do so. Moreover, the community is openly tolerant of dead lawns and plants as long as they clean the yard. Also, they are tolerant of most artificial lawns which collect debris, fray and wrinkle along edges and seams, often look fake, and have excessive water run-off. I asked the Board to adapt their antiquated CC&R’s to reflect today’s climate change crisis. I indicated that property values will be adversely affected by dead lawns and plants verses upgrades to a contractor-installed xeriscape for water conservation.

Once again, they refused to listen to my plea to accept my xeriscape project. I told them that anyone with traditional lawns and plant greenery that follows the water rationing requirements will have dead or brown softscape. The President of the HOA arrogantly said that he follows the water rationing requirements and has a green lawn. Honestly, that is impossible given the summer triple-digit weather we’ve been experiencing in Santa Clarita. I told him that anyone with greenery in our community is likely not following the rationing rules. There are a lot of people that are bucking the system and watering beyond the allowable rationing requirements.

I am sharing a new photo of our (HOA overruled) Xeriscape. It shows the ground cover growing atop of the rocks and beginning to cover them for a clear view visually of primarily softscape. I predict that if left alone to mature, it’ll meet the 70 percent softscape to 30 percent hardscape ratio in a matter of a few short months. Unfortunately, the HOA Board doesn’t care about the visual appearance above rocks since they rejected it. They are now sending me an attorney letter threatening a lien or continuous monetary penalties or a lawsuit against us if we don’t have rocks literally removed to a maximum of 30 percent and add plants to fill in and yield 70 percent softscape and to be “harmonious” with the neighborhood as per the CC&R’s that were written in 1997 or 25 years ago, before the climate change drought water crisis conditions were in place.

The HOA attorney also sites that rocks cause extra heat by our house and transcending in the neighborhood. How ridiculous that statement is. My response was that a 3-car garage concrete driveway causes heat too and that North Park has lots of 3 car driveways. Also, that rocks actually create an insulated layer that retains ground water below for longer time frames to allow watering in-between the specified water rationing cycles. Also, it’s permeable because of the voids between the rocks allowing water to enter the ground verses non permeable artificial grass (which is allowable upon HOA Board review) and has runoff of water. “You’re damned if you do and damned if you don’t.”

The Board is ok with dead lawns and plants if you keep it cleaned up. However, natural rocks are limited to 30 percent even with visible ground cover that will yield that 70 percent requirement.

I’m regrettably going to spend $5,000 more to remove rocks and add more softscape because I don’t want to go the legal route even though I may have a solid case based on the Statewide Declared Emergency.

We sadly lost our eldest son in 2020 and as such am just not up for the fight in court at this time. I do feel extremely violated by the HOA and would like to publicize through KHTS how stiff minded this group of people are. It felt like the Spanish Inquisition when I met in person with them and tried to appeal to them regarding the groundcover plants growing and spreading atop of the rocks for visual compliance with their guidelines. They simply wouldn’t listen to that logic and immediately said “no”. They had already made up their minds and resented that I broke protocol by doing the Xeriscape project prior to obtaining full HOA approval.

I did submit a complete proposal to Ross Morgan, the association’s management company, well in advance of the commencement of work but did not want to wait an unknown amount of time for the Board to make their decision. So, I’m now regrettably resubmitting a brand-new proposal that literally removes a good percentage of our rocks, adds softscape and additional drip system for thousands of dollars more.

It’s sad to think that our Board, my neighbors would turn against me and actually turn against the reality of climate change. This crisis simply warrants a modification in the CC&R’s to allow new Xeriscape options for its residents while our water supply reservoirs are getting depleted and people have to do their part to ration their water usage.

By the way, I have ordered a 4 ft X 8 ft custom banner that I’ll be placing in front of my house with verbiage to emphasize the Xeriscape Rejection by the HOA Board that was based on 25-year-old outdated CC&R’s and guidelines that does not consider the drought crisis we’re in. I should receive this banner by 9/16/22 or before.

After sharing Steve’s complaint with the HOA Board, KHTS received the following response. “The Association exists to enforce the guidelines set forth in the governing documents. The homeowners that purchased a home in the HOA have that expectation. While following the state mandates, the Association must do their due diligence in maintaining the overall aesthetics of the community.”

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Steve i’m so sorry about your loss and for what you are going through. Your landscape looks amazing.

Thank you Lori for your feedback on my landscape dispute. Steve

Thanks Lori for your feedback on my landscape dispute!

you knew the rules and you intentionally violated them. i dont get your complaint. its makes no sense how you admit you broke the rules did not get approval and now are complaining. if u dont like it you should never moved into hoa community. hoa is not a democracy. but your home has a higher value due to being there and has increased more than other houses due to being in hoa. you received the benefits of hoa. but you cant do the similest thing thats required to be in hoa. sorry to hear about your son. no im not on the board. i live in orange county also in an hoa and wouldnt dream of pulling this clown show you are doing.

Steve I love what you did. I am so sorry you have to go through this. Its difficult to understand why this group has the expertise to decide design….. As you said they would rather see dead grass.

Hi Linda- Thank you for your supportive comments! I really appreciate it! It’s nice to know how many people are out there rooting for my efforts towards making a positive environmental and aesthetic impact verses allowing the HOA’s to stop 🛑 reasonable decisions.

Thank you Linda four your supportive Comments. It’s great to know that there are people out there that care about the residents And understand if an HOA is being unreasonable as mine has been. I hope that publicizing this experience will help others that decide to make changes in their landscape within an HOA community. Take care!

I would have the rocks removed to spell out F U on the front lawn in greenery… But I am petty like that.

Hi Jenn- I love your idea! Brilliant! The only thing I need to add to the FU is FUHOA board!

Hi Jenn- I love your idea! Brilliant! The only thing I need to add to the FU is FUHOA board! Retribution is somehow needed especially in this situation! KHTS Has been so supportive in publishing this article. They also gave the equalopportunity to the HOA board to respond. I think you’ll see the one sentence response at the end of the article. It shows so much empathy and warmth and caring for the residence of the north park community that I live in. LOL. Seriously, take care! Thank you so much for your uplifting ideas!

Hey Jenn- I love your idea! Simple and Brilliant! The only thing I need to add to the FU is FUHOA board! Retribution is somehow needed especially in this situation! KHTS has been so supportive in publishing this article. They also gave the equalopportunity to the HOA board to respond. I think you’ll see the one sentence response at the end of the article. It shows so much empathy and warmth and caring for the residence of the north park community that I live in. LOL. Seriously, take care! Thank you so much for your uplifting ideas!

Hey Jenn- I love your idea! Simple and Brilliant! The only thing I need to add to the FU is FUHOA board! Retribution is somehow needed especially in this situation! KHTS has been so supportive in publishing this article. They also gave the equal opportunity to the HOA board to respond. I think you’ll see the one sentence response at the end of the article. It shows so much empathy and warmth and caring for the residence of the north park community that I live in. LOL. Quite Seriously, take care! Thank you so much for your uplifting idea!!

This is the EXACT reason so many people are leaving California. They fight you on things that just don’t make sense. Your landscaping looks AMAZING and it was clearly thought out. You are not paining your garage door purple and leaving cars on the lawn. That would be something that would cause an issue, one would think. Most HOA members, in my experience, are desperate to be the boss and any type of control feels so good. It’s not worth the fight. Your positive energy should be saved for something else. I am so, so sorry about the loss of your son. Please spend the money, move on and move out. Many other states will welcome you and appreciate your way of thinking.

Best of everything to you💕 Nicole

This is not a California thing. HOA’s are nation wide.

However, the HOA is required to have Architectural rules. for the very reason many CCR are vague and ambiguous and don’t address current aesthetic. I think you should take your plan and pictures to the water company and ask if the changes he Board is requiring will result in. More water use.

Take that information and as for mediation allowed per Civil Code. There are two types. A smaller one with one designated board member, and the more expensive one.

As for the other and get your issue documented. The more “amo” you bring to the meeting the better. They bring up heat from rocks. I can tell you Astro turf far exceeds heat generation over a walk

Drive around them community see other homes. You will be shock. By the way it is not that they like dead lawns. I believe their is government authority that over rides HOA and allow it

Well, I tell you. I lived in the original Valencia, Orchard 2, off of Lyons & Wiley Cyn since 1972. Our new house (parent’s house, that is), was 4 years old & 2nd to be built after 1968’s Orchard One off Lyons, adjacent to Goodyear Tires & part of Old Orchard Park. The HOA back in ’72 was ludicrous, demands were insane, & HOA was like living under the Third Reich. In fact, my folks called them “The Nazi Patrol”. OK that was then. Things DID get better w/HOA for a few years afterwards, though. My parents had that house for 36 years when we had to sell it because of my parents’ demise. Mom was in a nursing home for 4 years & I stayed in her house on Via Brasa by the cul-de-sac. There was so much trash, loud music, noise, fighting families, & HOA did nothing. What was a very nice place to live, was then, 2007, a horrible place to live w/widened freeway that felt like it was right above your head: the smell, the noise..NOT a nice place for me & my spouse to stay for 4 years for dying family. HOA upset me bc when my Dad died in 2000, they had adequate death certificates & applications to remove his name (it broke my heart to see Dad’s name on a house he busted his rear working for, his name being treated like he was still there with no respect to his family :me & my brother), denying our requests to remove his name from the HOA bill or calling me to ask to talk to my father, whom they knew passed years earlier. (I lived there w/spouse while Mom was ill & dying, from beg. 2003 to mid 2007, when we moved to buy 2 beautiful homes in Western OR.); I have a lot of things to say, but I wanted my 2 cents in: I was appalled @ the way I was treated by HOA, especially since the once-nice neighborhood of Orchard 2, turned into a “garbage dump”. No one would help, but they were quick to try to fine people for leaving their trash can outside for a lousy day after p/u. A lot of people worked out oof town. Valencia was a place that was great to live, being we came from smoggy, crime-ridden Hollywood the 1st 14 years of my life. However, I was never so glad to get out of there, leaving all the memories & having to leave my Mom after 4 years of caretaking her, just to get somewhere where it was quiet, people were mellow, & housing prices were much lower, also Valencia air quality took a turn for the worse by ’06, when I had a massive asthma attack from the stench of sewage/air. In fact, I actually had/have Emphysema that Dr. said escalated from the rotten So. CA air & emissions from a million cars on freeways & streets. My heart goes our to those who have to endure the inability for HOA to help people with their needs during the last how many years of growth, bc people pay to depend on HOA in certain circumstances, such as COVID or other disasters, like all the fires (rings of fires), over & over. I MISS the “old” Valencia, how upscale in was in the ’70’s & 80’s. It was such a pleasure to enjoy the area then, but as I read, not so much of a delight now. I hope HOA & homeowners can come to agreement somehow. People need to work together. People need to have support from HOA. I pray for all that have to endure aggravation from HOA, when our society everywhere is so much out of control.

Thank you Nicole for your meaningful and supportive feedback . I agree 100 percent with your thoughts. Steve

Hey Nicole, It’s not about California. It’s about HOAs. But you can spout your distaste for California and get packing. The drought is about the West drying up NOT just California. I am burned out on the negative attitudes about California. Many states don’t welcome Californians, especially the bigots that have the same prejudice you have against California. Cheers to you in whatever state you live in.

Thank you Nicole for your feedback on my HOA landscape dispute! Much appreciated! Steve Goodman

Thanks Nicole for your thoughts on my landscape dispute with my HOA! Steve Goodman

Thanks Nicole for your thoughts on my dispute with my HOA! Steve Goodman

Thanks Nicole for your thoughts on my dispute with my HOA! I do appreciate your understanding. Steve Goodman

Thank call Nicole for your very meaningful comments. I know that people will be reading the comments. Yours is truly a sad reality Of what many people are facing with a controlling HOA board. The board is supposed to represent the residents in the community. This board is representing themselves such that they can get their gratification through police enforcement and making people feel inferior. I will never feel inferior as long as I live on this earth. However, that is their perception. They are wrong and unable to explain their resistance to a xeriscape project that looks nice and saves water during the worst drought crisis our state of California has faced in recorded history. I hope that the Board members can live with themselves!

Send the HOA the new plans. When they take 4 months to approve them, send them a revision. When they take another 4 months, you will have met the 70% with what you have now

Your home looks beautiful. I’m so sorry you’re going through this ridiculous situation with North Park. Last year, I was looking to buy up there. But thankfully was warned by several people that lived there, that the HOA was horrible. You now have confirmed this. Good luck! I sure hate to see you tear your beautiful yard apart for a group that is so narrow minded.

Steve, Your home looks gorgeous and having a drought-resistant landscape myself, I know how fast the plants will grow in. My yard was sparse plants with a lot of mulch in the beginning and now if I don’t prune daily, I am quickly overrun with a jungle. Your HOA is just being stubborn, because if all the homes in your area looked like yours, your neighborhood would be amazing. Perhaps you should talk to your Assemblywoman or State Senator considering these water edicts come from the state. I hate to see you do extra work or pay extra money considering what you have gone through. My condolences on the loss of your eldest son.

Hi Jody: thanks for your kind words and concern. I agree with everything you indicated. This has been challenging and unfair in my opinion. Take care! Steve Goodman

Great idea Warren; but the HOA is refusing to let the green groundcover grow atop the rocks and cover them to be in harmony with the neighborhood. Instead, they are demanding removal of the rocks regardless of the green appearance as the ground cover spreads above the rocks. In other words, they’ve locked their decision and are simply wanting to control me and get their satisfaction by doing so. This is a terrible reason to hurt one of their residents. I guess, these people don’t care, they are only in it to be policemen and women. That’s exactly how they treated me in person at the Board meeting that I presented my facts to them. They could care less and already made up their minds. There was no recourse on my end as I broke protocol of not awaiting approval. That meant…Time for the Board to punish me.

They cannot designate what the greenery covers! I’m going to bet your CCnRs do you not go into detail kr include language other than the 70% greenery to 30% hard scape. Which means as long as you have the greenery growing you’re in compliance wether it grows on dirt or rock; it doesn’t matter as it is greenery.

Whatever they do, it’s going to take time. Use it to your advantage.

60% today. 65% in 2 weeks. 70% in amonth

Maybe get some neighbors to come with you to the next meeting… since the board members are actually neighbors themselves, they won’t want to seem spiteful. Maybe ask for a 3 month “pause” on removal so they can visualize the final product. And, when the next yearly voting comes around, apply to get on the board yourself. It will mix things up a bit.

I agree! By the time arbitration or an enforcement/penalty is set forth, your yard will be in compliance. We just had a few rainy days and there are more to come; the weather is cooling.

Please don’t let them rattle you simply because they have legal counsel send you a letter!! Anyone can send a letter, but to actually spend the money on legal action would be ridiculous- by the time they do that you’ll be in compliance. My father was an attorney and the board members of our HOA would often be ask him to write letters to homeowners. They were all bark and no bite. Even if the homeowner didn’t comply after the first letter they would just ask my dad to write another one. However, they rarely took the matter behind that, in the end settling with a compromise.

Please don’t spend another dime, and don’t change your beautiful yard. Maybe start a petition and talk to your neighbors. A majority of the community could be in agreement with you, you never know. And please let us know where to see this beautiful banner!!

Hi Jen, you are a very smart person. I am not a high risk taker, but will definitely think about your strategy here. It’s quite brilliant! I think there are guidelines that indicate the 70/30 Softscape to Hardscape ratio. However, I don’t think it’s actually spelled out so clearly in the CC&R’s. It is in some guideline sheet that they provided to me. Let me talk it over with my wife and we will come to a decision. For whatever it’s worth… You’ve made me feel a whole lot better! Thank you so very very much! Steve Goodman

Hate HOAs! They have too much power!

Sue: if sensible, an HOA has its purpose. This is not sensible considering the greenery that will grow atop of the rocks and the functional droughtscape that allows me to meet government water rationing and still have a nice front yard appearance verses dead grass and dead plants. Thank you for your reply!

Sue: if sensible, an HOA has its purpose. This is not sensible considering the greenery that will grow over the rocks and the functional drought-scape that allows me to meet government water rationing and still have a nice front yard appearance verses dead grass and dead plants. Thank you for your reply!

Sue: if sensible, an HOA has its purpose. This is not sensible considering the greenery that will grow over the rocks and the functional drought-scape that allows me to meet government water rationing and still have a nice front yard appearance as opposed to having dead grass and dead plants. Thank you for your reply!

Sue: if sensible, an HOA does have its purpose. This is not sensible considering the green ground cover that will grow over the rocks and the resulting functional drought-scape that allows me to meet government water rationing and still have a nice front yard appearance verses having dead grass and dead plants. Thank you for your reply!

Hi Sue: if sensible, an HOA has a purpose. This is not sensible considering my plans whereby the green ground cover will grow over the rocks and result i a functional drought-scape that allows me to meet government water rationing and still have a nice front yard appearance verses having dead grass and plants. Thank you for your reply!

Sadly, the people that run for HOA board are not flexible, “work with you” type of people. They are extremely rigid and believe that CC&Rs are cast in tablets and cannot ever be changed (though they all believe the constitution is pliable, go figure). That rule can be amended due to the water shortage but they don’t want change or dont want to go through the effort to submit an amendment for a vote. Hopefully, some new people get elected but this is a challenge in so many HOA’s it is beyond ridiculous. Sorry to hear you are going through this like so many others.

Won’t it be great when the community side with your plight and starts its all night horn honking vigil in your support. Post your digits.

Your home looks beautiful. I’m so sorry you’re going through this ridiculous situation with North Park. Last year, I was looking to buy up there. But thankfully was warned by several people that lived there, that the HOA was horrible. You now have confirmed this. Good luck! I sure hate to see you tear your beautiful yard apart for a group that is so narrow minded.

The HOA has 30 days to reply to you. if you don’t hear from them then you can do your yard the way you want since they didn’t respond back to you. Honestly don’t pay $5k to fix your yard. If you have neighbors that have dead grass, you need to wait till they fix their grass. The HOA members can be very difficult to deal with. I leave in an HOA community. I have neighbors that painted their houses different colors, added to their homes & so forth. There is nothing the board can do to them because their homes added value & look lovely. Don’t spend money to make them happy. Your plants will grow & cover more of the rocks. Give it time.

Your home looks beautiful. I’m so sorry you’re going through this ridiculous situation with North Park. Last year, I was looking to buy up there. But thankfully was warned by several people that lived there, that the HOA was horrible. You now have confirmed this. Good luck! I sure hate to see you tear your beautiful yard apart for a group that is so narrow minded.

HOA board members only pick and choose who to enforce the outdated rules. Try living in the American beauty Condo’s with a $518.00 a mount dues for a rundown area . And people ask why rent is so high??

Gad! And I thought my hoa was ridiculous!! We can’t even have wind chimes or pool sandles (flip flops) on our porch. I can’t wait to dump California and HOA living due to the asinine rules enforced by power hungry people, Idaho doesn’t play those stupid games. Your yard looks fabulous! Keep the fight up sir !

Steve, Your landscape design looks amazing and as you are aware adds value to the property by means of curb appeal vs the popular drought caused dead landscaping which your HOA appears to be tolerant of. The atypical COVID related response delay that appears to have become status quo these days unless of course it is the organization’s rules for which they seem to find the ability to rapidly respond. I suggest getting a minimum of 25 or 25% of the total development neighbors to sign a letter of support for your present design and send it to the HOA with an appeal.

Your HOA can’t stop you from putting up a banner pointing out how ridiculous they have been, especially during our ongoing drought. It may not accomplish much but you can have the satisfaction of “poking these jerks in the eye”.

We live in an out-dated HOA up in Saugus, and it’s a fight to get anything approved soon. With our projects, I submit the plans usually about a month out and always nothing until the project is completed. Our HOA board has 2 members as NOBODY wants to be part of this outdated regime…In addition, the president and the other board member lives on our street, so any project any of my neighbors start are seen as they begin. I was once a board member on this HOA and what a battle it was against the other members as all they wanted to do was fine and put liens on the properties. The attorneys were sharks! The CC&R’s are antiquated and over more than 35 years old and we made the suggestion years ago to get them updated but of course, all of us in the HOA would end paying $1000’s in fees to the sharks to make them current, so we all live in the dark ages! If we could do away with this board and sharks, maybe it would be better. Most of the neighbors keep their properties clean and neat!

In my HOA’s CC&R’s the Board only has 30 days to make a decision on any request for approval. We self-manage our HOA and our Dues are $100 a YEAR!

Suggest you check the By Laws and see what the procedure is to recall a Board member.

The HOA doesn’t have the right ti prevent you from xeriscaping to save water, especially in a drought. Check out this website from the CA state water board.

https://www.waterboards.ca.gov/publications_forms/publications/factsheets/docs/prohibitions_hoas_fs.pdf

Don’t do anything else and share this with them. You should be fine.

I hope the author sees your comment!! That’s useful information!

Hi, I’m sorry your family is dealing with this frustration. I think your yard looks beautiful. Instead of spending another $5000 to remove the rocks, maybe members of the community would be willing to use them in their own yards and pay you for them. No additional expense or work for you and possible gains for others. A thought…

HOA needs to be diminished. They’re useless and hypocritical. Canyon Oaks HOA asks us to cut water usage but continue to change our greenery and flowers monthly. Doubt they pay the landscapers decent wages too.

No drought friendly landscapes while raising the mfing fees from $250 to $375.

I feel your pain with the HOA issues. Mine has sent us letters to clean the white salt deposits off of our bricks in front of our house. It’s so ridiculous after just coming out of the pandemic and now a recession! I just saw posts from North Valley HOA residents that are getting letters about their dead grass while we are being told when we can water. How these HOA’s have the gaul to demand that we fix/change these issues right now is appalling, shame on them for not considering the times we are facing!

Steve, why not go to SCV water and get them to force HOA’s to update their outdated CC&R’s to better align with water starved CA.? That would benefit all of us.

Steve… thank you for sharing this incredibly frustrating yet inspiring story. I am disappointed with the HOA board for being so naive to CA’s constant water shortage and state of emergency. You are leading the example for all off us to modify our yards in tasteful ways to accommodate changes. Most of us are still so ignorant of water crisis the West in facing. Your yard is gorgeous and done with a high end artful way by a highly trained professional. I appreciated your powerful article. I love your banner. Awareness is powerful. I hope the HOA rethinks their approach and also updates to new policies to reflect the current climate. My heart goes out to you and your family for the loss of your eldest son. Thank you again for raising this issue as it will be the challenge facing so many of us to come.

Ross Morgan is the worst and I have my share of bad experiences with their heavy handed enforcement. Sorry that you lost your son. The HOA is represented by people who are going too far with their Orwellian and draconian control. Ross Morgan gives HOA another meaning.

Steve, I’m ashamed at the boards behavior, we should update the rules to comply with climate change. Take away one rock at a time, I’ll help.

I believe the HOA is uninformed:

[Approved by Governor July 21, 2014. Filed with Secretary of State July 21, 2014.]

The people of the State of California do enact as follows:

SECTION 1. Section 4735 of the Civil Code is amended to read: 4735. (a) Notwithstanding any other law, a provision of the governing documents shall be void and unenforceable if it does any of the following:

(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a group. (2) Has the effect of prohibiting or restricting compliance with either of

(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section 65595 of the Government Code. (B) Any regulation or restriction on the use of water adopted pursuant

to Section 353 or 375 of the Water Code.

Luckily, it looks like the law is on the letter writer’s side: under Civil Code section 4735(a), a provision of governing documents or architectural guidelines is “void and unenforceable if it prohibits the use of low water-using plants, including to replace existing turf.” Score one for the planet!

THAT is an awesome piece of facts right there. Well done

I faced a similar issues with my Saugus HOA regarding “drought-tolerant” or “Native Plants”. Armed with this Ruling and specific verbiage I was able to get my HOA to leave my yard alone as I embrace our new climate reality. The Green Lawn is dead here in California. There are 3 States – California, Texas & Florida – with someone little new laws which supersede any HOA CC&Es. And Steve’s yard looks great and will improve as years go by.

I faced a similar issues with my Saugus HOA regarding “drought-tolerant” or “Native Plants”. Armed with this Ruling and specific verbiage I was able to get my HOA to leave my yard alone as I embrace our new climate reality. The Green Lawn is dead here in California. There are 3 States – California, Texas & Florida – with someone little new laws which supersede any HOA CC&Rs

I agree that the HOA should be more flexible and should apply the rules differently during a drought. It was, though, a risk to go ahead with the yard project before getting appproval.

I will never live in a place that requires Association. All they do steal funds and when you as a Homeowner have a true issue to address they ignore it! It’s like an Organized Communism!

You might want to investigate the HOA members that are the “enforcers” and post their addresses for the sake of other homeowners in the neighborhood. Also due a background check on these “enforcers” just in case you have a child molester, former inmate, etc as a “enforcer”. Might want to honk as you go by these “enforcers” homes just to let them know how much you appreciate their time and energy they put in to “enforce” the rules.

We feel your pain. Several years ago we got into a legal dispute with the HOA in a small town home complex in Tarzana. The Board literally came on our patio and removed a sprinkler system as we were taking possession of the home. We went to the police who told us HOAs have complete power in their community and there wasn’t anything they could do. After 7 months we sold and got out. A good Board can make a HOA a wonderful situation or it could make it unbearable. Good luck! BTW we ended up getting on the Board since so many homeowners didn’t want to put the time in and the legal proceedings were confidential. So the few members that showed up for the vote were happy to have someone else on the board. You might try that route.

This is the exact reason my family left Santa Clarita after 40 years of living there. The HOAs are out of control and need to be stopped. There is a diffence between keeping up apperances and enforcing bylaws written 25 years ago. I feel this man’s pain because when xeroscape is mandated in the next few years, he will have no recourse to sue the HOA because they are bullies with unchecked power…especially in the SCV.

The HOA can not go against the law, or in this case, the CA Code of regulations which state that “Turf shall not exceed 25% of the landscape area in residential areas, and there shall be no turf in non-residential areas”.

Please note that landscape water efficiency standards are governed by the Model Water Efficient Landscape Ordinance (MWELO). The MWELO is also referenced by Title 24, Part 11, Chapters 4 and 5 CalGreen Building Code. All local agencies must adopt, implement, and enforce the MWELO or a local Water Efficient Landscape Ordinance (WELO) that is at least as effective as the MWELO. Usually, local agencies that adopt WELOs create a more stringent ordinance than MWELO.

Link to CA Code of Regulations:

https://govt.westlaw.com/calregs/Document/IBD0D2C165B6E11EC9451000D3A7C4BC3?viewType=FullText&listSource=Search&originationContext=Search+Result&transitionType=SearchItem&contextData=(sc.Search)&navigationPath=Search%2fv1%2fresults%2fnavigation%2fi0ad7140a0000018341c66bb66131597f%3fppcid%3d20fc1e5f7455427b87b5aab82a4fb98e%26Nav%3dREGULATION_PUBLICVIEW%26fragmentIdentifier%3dIBD0D2C165B6E11EC9451000D3A7C4BC3%26startIndex%3d1%26transitionType%3dSearchItem%26contextData%3d%2528sc.Default%2529%26originationContext%3dSearch%2520Result&list=REGULATION_PUBLICVIEW&rank=2&t_querytext=MWELO

Link to “Model Water Efficient Landscape Ordinance” explanation:

https://water.ca.gov/Programs/Water-Use-And-Efficiency/Urban-Water-Use-Efficiency/Model-Water-Efficient-Landscape-Ordinance

Link to CA Green Building Standards Code:

https://codes.iccsafe.org/content/CAGBSC2019/cover

Go to Walmart and buy $100. worth of fake plant stems. Stick them in the ground around your rocks until the real plants fill in.

I think your yard is unique and very attractive! Nicely done. Yards like that increase the worth of homes in a neighborhood.

I have called the governor to bring this to his attention. These HOAs need to be held accountable. Fines and lawsuits!? For following an emergency declaration. It’s too outrageous. Please do not remove your landscape it’s much prettier than a lawn.

Why can’t you defend on the basis of response to a water emergency?

GLOBAL WARMING IS NOT REAL! You should never have moved into an HOA if you don’t want to follow their rules.

Hence I would never live/own property governed by a HOA. You pay fees to be told what to do and can’t do on your own property by people who are on power trips. No thanks…

I think if the complainer would had followed the rules and had waited for an approval from the HOA before starting the work, you would had been good to go but he thought he was above the laws and regulations of the HOA and got caught breaking them. Sorry, I also live in a complex with an HOA that I do not always agree with but it is my choice to live at the place and I have to abide by their CC&RR’s.

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