Water District clarifies new grass restrictions

Q: Good morning, Barbara Holland.

Could you weigh in? Assembly Bill 356 provides for no water for non-functional turf and becomes effective on and after Jan, 1, 2027. Water from the Colorado River, which is distributed by the Southern Nevada Water Authority may not be used to irrigate nonfunctional turf on any property that is not zoned exclusively for a single-family residence.

I received a letter from my property manager from SNWA stating that Assembly Bill 220 amended AB 356 to include streetscape of single-family residences.

A: In responding to your email, I contacted the Las Vegas Valley Water District. Here is their response:

Based on what I understand from the inquiry, Ms. Snyder’s question is focused on grass strips that run between the curb/road and sidewalk in front of some single-family residential properties.

As indicated in Ms. Snyder’s inquiry, the original language of the law (AB 356, 2021) that prohibits using Colorado River to irrigate nonfunctional turf was amended under AB 220 in 2023. While it originally referenced properties not zoned exclusively for single-family residence, the amended language references “any parcel of property that is not used exclusively as a single-family residence” (Section 31).

Common area grass strips

In homeowners associations where the sidewalk and grass landscape strips are most often identified as common areas, the common area is not used exclusively for a single-family residence, as the homeowner does not have exclusive rights. So, irrigating that nonfunctional grass would not be permitted beginning in 2027.

Ingress/egress easement grass strips

When the grass landscape strips are not common areas, we have consistently found that the property title/deed includes an ingress/egress easement across the sidewalk and grass strips, which allows it to be used by others rather than being used exclusively as a single-family residence. So, this is also considered nonfunctional grass and irrigation of it would not be permitted beginning in 2027.

We have not come across a grass landscape strip as described that is exclusively used as a single-family residence — the grass strips are either common areas or encumbered by an easement that allows others to use it.

For additional clarification: Grass installed between the sidewalk and the home structure (front yard not including grass landscape strips) is exclusively used for a single-family residence and is not subject to the nonfunctional grass law. This grass can remain or be voluntarily replaced by the homeowner with drip-irrigated trees and plants under the SNWA’s Water Smart Landscape Rebate program.

Q: I wrote previously about my HOA in Brian Head, Utah, of which I am the president (lucky me, lol).

I am trying to bring us into the realm of functionality such as standardized electronic communications targeted solely at the association’s members.

I noticed in your column, a reader who indicated that their HOA does electronic balloting. Can you possibly send me in the direction of identifying services such as this, i.e., websites, participatory channels etc.?

Additionally, in conjunction with that aspect, I’m also looking for a quick and easy way to send regular communications outside of emails. I’ve been trying for years to update our website with some of these features but have not made a lot of progress.

Thank you for responding. Regulations, rules, covenants, conditions and restrictions are all in desperate need of updating. Huge problem with reaching a quorum.

A: You will have to check with your real estate division and your current association regulations. In Nevada, we had to pass a new law with specific regulations, which now allows electronic balloting. As to companies that provide this service, you would need to do your due diligence in selecting one.

As to communication, there are some applications that allow email, U.S. mail and texting, in addition to your association website.

In Nevada, association boards can change, add, delete or modify their rules and regulations as long as they are consistent with their governing documents, CC&Rs and bylaws.

In 2005, the Nevada Legislature passed Nevada Revised Statutes 116.21175, which allows an association to petition the District Court to issue an order waiving the supermajority requirement and to confirm the proposed changes to the CC&Rs under specific procedures. You may want to seek legislative assistance to make similar changes in the Utah laws that regulate associations.

Barbara Holland, CPM, CMCA, AMS, is an author, educator and expert witness on real estate issues pertaining to management and brokerage. Questions may be sent to holland744o@gmail.com.