On April 7, 2017, Governor Brown issued Executive Order B-40-17, formally ending our California drought emergency. This order directly affects Civil Code 4735(c) and Civil Code 4736.
Civil Code 4735(c) bars an association from fining owners with brown lawns from not watering them during a declared state of drought emergency.
Since the state of emergency has been lifted, the statewide ban is over and associations are now allowed to fine owners who refuse to water their lawns. However, if the association’s local city or county still has a state of drought emergency declaration in effect, this section remains applicable.
Civil Code 4736 bars an association from requiring that a homeowner pressure wash the exterior of their unit during a declared state of drought emergency.
Again, since the state of emergency has been lifted, the association can once again require homeowners to pressure wash the exterior of their home so long as the local city or county has also lifted their state of drought emergency declaration.
Please note that these are the only two drought-related California laws affected by the end of the drought emergency.
We encourage homeowners and associations to continue their conservation efforts to preserve our fresh water resources.