California Drought Restrictions Officially Lifted

California Governor Jerry Brown Officially declared an end to the drought and rescinded two drought-related executive orders from 2014, including the one that declared a drought state of emergency, excepting four counties in Central California. The Governor’s action today reinstates the ability for California community associations to impose fines or otherwise enforce their governing documents related to an owner’s decision to not water grass or other vegetation.

Executive Order B-40-17 lifts the drought emergency in all California counties except Fresno, Kings, Tulare and Tuolumne, where emergency drinking water projects will continue to help address diminished groundwater supplies. Today’s order also rescinds two emergency proclamations from January and April 2014 and four drought–related executive orders issued in 2014 and 2015.

In a related action, state agencies today issued a plan to continue to make conservation a way of life in California, as directed by Governor Brown in May 2016. The framework requires new legislation to establish long-term water conservation measures and improved planning for more frequent and severe droughts. Permanent restrictions shall prohibit wasteful practices such as:
• Hosing off sidewalks, driveways and other hardscapes;
• Washing automobiles with hoses not equipped with a shut-off nozzle;
• Using non-recirculated water in a fountain or other decorative water feature;
• Watering lawns in a manner that causes runoff, or within 48 hours after measurable precipitation; and
• Irrigating ornamental turf on public street medians.

Author: Robert M. DeNichilo, Esq., CCAL

Robert M. DeNichilo is managing partner in the firm Nordberg|DeNichilo, LLP and concentrates his practice the representation of community associations throughout California. He is a fellow in the College of Community Association Lawyers, a prestigious designation given to less than 175 attorneys in the country. Mr. DeNichilo regularly speaks at educational and training events for industry organizations, property management companies, and board members throughout California. Robert is the founder of HOABrief.com where he frequently provides expert insight on community association topics. He has contributed to industry and national publications including CAI Connect, CAI’s OC View, USA Today, Common Ground and Habitat Magazine.

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2014 Legislative and Case Law Update for California Community Associations