California has experienced many drought periods, but in January 2014 the drought situation became sufficiently severe that then-Gov.
Jerry Brown declared a state of drought emergency. Soon thereafter, several laws added to the Davis-Stirling Act, Civil Code Sections 4735 and 4736.
The drought eased, and in April 2017 Gov. Brown terminated the declaration of drought emergency, also ending the application of Sections 4735 and 4736 … at least for a while. On Oct. 19, 2021, Gov. Gavin Newsom declared a new state of drought emergency, consequently reviving Sections 4735 and 4736. Most HOAs may have missed this fact, given the COVID-19 health emergency and other challenges. So, since Oct. 19, 2021, HOA members, if they choose to cut back on watering their yards, may let the yard landscape die, and pressure-washing again cannot be compelled.
Condominium associations sometimes are established without individual water meters, with the HOA paying the water bill. This can be a recipe for water waste, since individual residents may not be as concerned about a sink or toilet left running when they aren’t paying the bill.
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