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Assembly approves law letting homeowners install ‘low-impact’ landscaping despite HOA restrictions
Summary
A bill passed allowing homeowners in homeowners associations (HOAs) to install low-impact landscaping — pollinator, rain or habitat gardens — subject to reasonable maintenance and public-safety limits; sponsors said it balances biodiversity goals against HOA concerns about aesthetics and nuisance.
The Assembly approved legislation (A.1890) dubbed the Low Impact Landscaping Rights Act to allow property owners subject to homeowners associations to install low-impact landscaping — including pollinator and rain gardens — even where HOA bylaws restrict such plantings, as long as the installations meet standards for maintenance, safety and non-encroachment.
Sponsor Glick said the measure does not compel any homeowner to convert existing turf but provides a path for residents who wish to install native plantings that support pollinators and reduce stormwater runoff. She said the law strikes a balance by permitting HOAs to deny proposals that are not reasonably maintained or that intrude on neighboring property or common areas.
Questioners raised concerns on the floor about invasive plants, wildlife nuisance, and whether the bill improperly alters private contracts homeowners entered into when purchasing into an HOA. Several members argued that HOA rules reflect community expectations and contracts; others said municipalities own much private land and pollinator loss threatens the food chain. The Assembly passed the bill by a vote of Ayes 100, Noes 44.
Key provisions: homeowners may install native-pollinator, habitat, or rain gardens on private property if they maintain them, avoid encroachment on neighboring property and ensure public safety; HOAs can still deny installations with written explanations; the bill takes effect on the 60th day after enactment.
Votes at a glance: A.1890 — Ayes 100, Noes 44 — Passed.
