SB23-178 Summary

• Prohibits common interest communities from banning xeriscape, drought-tolerant plants, and nonvegetative turf grass in backyards for single-family detached homes.

• Requires associations to select at least three preapproved water-wise garden designs for front yards that comply with water conservation principles and allows reasonable plant substitutions.

• Limits associations' design guidelines to not exceed 20% hardscape requirements and must allow options with at least 80% drought-tolerant plantings.

• Prohibits restrictions on vegetable gardens in front, back, or side yards and bars associations from requiring cultivated vegetation to consist wholly or partially of turf grass.

• Allows affected unit owners to sue associations for violations, recovering up to $500 or actual damages (whichever is greater) after providing 45 days' written notice to cure; exempts attached townhomes and condominiums from these requirements.