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Assembly bars unreasonable HOA bans on low-impact landscaping, citing flood and water concerns
Summary
The Assembly approved A.10102 to limit homeowners associations from enforcing rules that unreasonably prohibit low-impact landscaping; supporters cited flooding and aquifer protection, opponents raised contract concerns. Vote: 94–46.
Assemblymember Glick sponsored A.10102, a bill to prohibit homeowners associations from adopting or enforcing rules that would effectively prohibit or unreasonably limit low-impact landscaping. The sponsor said the measure builds on prior law that limited unreasonable restrictions on solar panels and electric-vehicle chargers and argued low-impact landscaping can protect property from flooding and conserve groundwater.
Glick said HOAs could still deny permission where plantings encroach on common areas or neighboring property and must provide specific justifications so homeowners can address concerns. Opponents warned the bill intrudes on private contracts between property owners and that last year's veto message from the governor expressed similar concerns about encroaching on voluntary agreements.
Assemblymember Gandolfo and others stressed contractual and constitutional questions, urging caution; Assemblymember Stack countered that regulation of private contracts is common and does not necessarily trigger the contracts clause. After debate, the Assembly recorded a 94–46 vote in favor and the act will take effect on the sixtieth day following enactment.
The sponsor said the bill aims to protect homeowners — particularly in areas experiencing repeated flooding or water-stress — by allowing reasonable low-impact landscaping while preserving limited HOA authority to address legitimate neighbor-impact concerns.
