Section 4735 - Low Water-Using Plants

(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 the following:

(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.

(b) This section shall not prohibit an association from applying landscaping rules established in the governing documents, to the extent the rules fully conform with the requirements of subdivision (a).

Section 1353.8 - Architectural Guidelines and Low Water-Using Plants

(a)  Notwithstanding any other law, a provision of any of the governing documents of a common interest development 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 the following:
(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.
(b)  This section shall not prohibit an association from applying landscaping rules and regulations established in the governing documents, to the extent the rules and regulations fully conform with the requirements of subdivision (a).

Changes

4735 1353.8
(a)  Notwithstanding any other law, a provision of any of the governing documents of a common interest development 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 the following:
(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.
(b)  This section shall not prohibit an association from applying landscaping rules and regulations established in the governing documents, to the extent the rules and regulations fully conform with the requirements of subdivision (a).