HOA Drought Landscaping Rules: What California HOAs Can and Can’t Enforce

Can your HOA force you to tear out your grass, install decomposed granite, or replace your flowers with cactus? Or can they fine you for not complying with state drought mandates or for letting your grass die? 

In this episode of HOA HELL, attorney Michael Kushner breaks down California Civil Code section 4735 and what it actually says about drought-tolerant landscaping and what your HOA can and can’t do about it. 

Whether your HOA is trying to mandate artificial turf or deny you the right to conserve water, this episode gives California homeowners the clarity they need to push back. 

🎯 What You’ll Learn in This Episode:

✅ The legal protections California homeowners have under Civil Code § 4735.

✅ Why HOAs cannot ban drought-tolerant landscaping based on aesthetics.

✅ When a board can (and can’t) require water-saving changes to your property.

✅ The legal difference between reasonable enforcement and overreach.

✅ How to respond when your HOA fines you for dead grass or for watering to avoid dead grass.

✅ What to do if your HOA tries to act like the “water police.” 

This isn’t about whether you support drought-conscious practices. It’s about whether your HOA has the legal authority to force them on you or punish you for following a gov’t conservation mandate.  

🔔 Subscribe for more full-length episodes and shorts to help you fight back against abusive HOA practices. 

🎧 Listen on YouTube @hoahellpodcastofficial or wherever you get your podcasts. 

🌐 📞Need help? Contact MBK Chapman at www.mbkchapman.com. Mention the HOA HELL podcast for a discounted consultation. 

DISCLAIMER:  

This content constitutes attorney advertising.  

The content of this podcast is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by listening to this podcast, submitting a question, or receiving a response. Always consult with a licensed attorney regarding your specific legal situation. MBK Chapman and Michael Kushner disclaim any liability for actions taken or not taken based on the information provided in this podcast.  

This communication does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

ABOUT:  

Michael Kushner is the attorney who pioneered this niche area of the law—representing homeowners in disputes with their HOAs—in California. He created and taught the systems now used by the biggest law firms in the state focused on HOA litigation. Through his firm, MBK Chapman, and now through HOA HELL, Kushner continues to give homeowners practical legal tools to fight back. 

#HOALaw #CaliforniaHOA #BadHOA #DroughtTolerantLandscaping #CivilCode4735 #ArtificialTurf #HOAAbuse #WaterRestrictions #LSCarlsonLaw #DavisStirlingAct 

🔥 HOA Hell
When your HOA goes rogue, we go to war.
California’s top HOA attorney shares real legal tools to help homeowners fight back—and win.

👉 Got an HOA nightmare? Submit your question at [e-mail] for a chance to be featured on HOA Hell Queries.

📌 Learn more about your rights as a homeowner: MBKChapman.com

📲 Follow us:
Instagram: @mbkchapmanpc
YouTube: HOA Hell (https://www.youtube.com/@HOAHELLpodcastofficial)