Epsten, APC

In response to California’s persistent drought conditions, Assembly Bill 1572 (AB 1572) became law on January 1, 2024, placing new water conservation mandates on common interest developments (CIDs). Most notably, the bill prohibits the use of potable water to irrigate nonfunctional turf in common areas and requires CIDs to either convert those areas to drought-tolerant landscaping or transition to non-potable water sources. As legal counsel to numerous associations in Southern California, I’ve seen firsthand the confusion and urgency this law has introduced.

This article offers guidance to boards of directors navigating AB 1572’s requirements and outlines best practices to ensure legal compliance while maintaining aesthetic and functional community standards.

Understanding the Law

AB 1572 amends Section 10608.12 of the Water Code and adds Chapter 2.5 (commencing with Section 10608.14) to Part 2.55 of Division 6 to the Water Code. This law prohibits the use of potable water to irrigate nonfunctional turf in CIDs beginning January 1, 2029.  

AB 1572 defines nonfunctional turf as lawn areas not used for recreation or community purposes—typically decorative grass in medians, parkways, and buffer zones.  The law explicitly targets turf watered with potable water in these settings and compels CIDs to eliminate or retrofit such areas. Turf that is fenced or barricaded to permanently prohibit human access for recreation or assembly is nonfunctional turf. 

Importantly, the law does not ban turf entirely. Functional turf—such as lawns used for gatherings, sports, or playgrounds—remains permissible. Additionally, associations may still maintain turf irrigated with recycled or non-potable water. The key lies in how the space is used and the water source.

Additionally, CIDs with more than 5,000 square feet of irrigated common area must certify to the State Water Resources Control Board commencing June 30, 2031, and every three years thereafter through 2040, that their property is in compliance with these requirements.  

Both the applicable public water agency and local government are authorized to enforce these new requirements, and CIDs that do not comply with the requirements of this new law can be subject to civil liabilities and penalties.

First Steps for Boards

1. 1. 1. Inventory Turf Areas
         Begin by conducting a thorough assessment of all turf areas in the common areas. Work with landscape contractors or a landscape architect to identify which portions qualify as nonfunctional under AB 1572. This process should include mapping out irrigation systems and determining the source of water (potable vs. recycled).
      2. Review Your Governing Documents
         Before implementing any landscape changes, review your governing documents, including the CC&Rs and landscape guidelines. Some associations require member approval for major landscape modifications, while others delegate this authority to the board. Legal counsel should review whether proposed turf removal projects could be construed as a capital improvement or a material alteration requiring a vote of the membership.
      3. Prioritize Communication
         Clear communication with the membership is vital. Boards should proactively educate homeowners about the reasons behind the turf changes, the mandates of AB 1572, and how these efforts align with broader water conservation goals. Transparency will reduce resistance and build community support. To soften the blow, it may help to remind owners that water rates are increasing throughout the state; reducing potable water usage will eventually mean lower operating costs.

Legal and Financial Considerations

1. 1. 1. Budgeting and Special Assessments
         Turf removal and landscape or irrigation conversion are not inexpensive. Boards must evaluate whether existing reserve funds can cover these costs or if a special assessment is necessary. Consider phasing the work over several fiscal years to ease financial strain. Engage legal counsel when considering special assessments or borrowing from reserves to ensure compliance with Civil Code §§ 5600 and 5510.
      2. Vendor Contracts
         Review existing landscaping contracts to determine if turf removal or irrigation modifications are covered services. If not, seek competitive bids and ensure new vendor agreements include warranties, insurance provisions, and performance benchmarks. Legal review of any significant contract is strongly recommended.
      3. Local Incentives
         Some municipalities and water districts offer turf replacement rebates or grants to encourage compliance with water conservation laws. Boards should consult with their legal or management team to research available programs and submit applications where appropriate. These rebates can significantly offset costs.
      4. Resident Safety

If your association converts spaces to recycled water, consider your local municipality’s recycled water rules and regulations. The association would also be required to post signs that read “RECYCLED WATER – DO NOT DRINK” and display the international “Do Not Drink” symbol or an alternative accepted by the State Water Board (Cal. Code Regs. tit. 22).

Conclusion

AB 1572 presents both a challenge and an opportunity. While compliance may require upfront investment and some aesthetic adjustments, the long-term benefits—reduced water bills, improved drought resilience, and regulatory compliance—far outweigh the initial hurdles. Boards that approach this transition thoughtfully, with strong communication, legal guidance, and financial planning, can turn this mandate into a meaningful step toward sustainability and stewardship.

As always, consult with association legal counsel before taking action, particularly when modifying common area landscaping or seeking member contributions for these projects.