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Do we have to allow fake grass?

May 21, 2018 By Pilot Prop

The short answer and this may surprise you is a yes. Presently the civil code 1353.8 provides that an association shall not prohibit nor included conditions that have the effect of prohibiting the use of low water-using plants as a group. So the quick corollary is this. While fake grass may not be a plant as such, it won’t be long before this clause is amended to prohibit the banning of fake grass. Nothing however in the section says that associations may not have specifications or list of what is allowed and what is not. So once again being proactive, I hate that word; I suggest the association generate its rules on grass. They might as they did with say garage doors select a brand or style, a grade also perhaps so that as with paint there is a harmonious feel to the community. There are some pretty good products out there. I even know an attorney who got down on his knees to satisfy himself he was actually on fake grass and not the real thing. Sorry, no names.

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Filed Under: Association Management Governance

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