Can an HOA restrict the type of landscaping I can do on my property?
Yes, an HOA in California can restrict the type of landscaping you can do on your property. According to California state law, HOAs are allowed to create and enforce rules and regulations concerning the use and maintenance of the properties it oversees. HOAs can, therefore, set landscaping standards and restrictions, such as requiring that all yards include a certain type of grass or shrubbery and maintaining a minimum level of upkeep on gardens and yards. While the majority of landscaping restrictions imposed by an HOA will be reasonable and intended to protect a neighborhood’s aesthetic, there are some laws that could potentially be considered discriminatory. For example, some HOAs may restrict the type of plants a resident can have in their yard, such as prohibiting any type of cacti or other desert-like plants. If any HOA is found to have rules that are discriminatory in nature, then the California Department of Fair Employment and Housing may be able to step in. In the end, it’s important to remember that HOAs do have the legal power to regulate the landscaping of its members. Before making major home or landscaping changes, it is always wise to check in with the HOA and see if any restrictions apply.
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