City of Surprise Overrides HOA on Artificial Turf
July 1, 2007
The City of Surprise added a Water Conservation section to their Municipal Code on July 1, 2007. The amendment to Ordinance #07-03 Chapter 13.16 is to highlight the importance of water conservation and to promote responsible water within the City through reasonable regulations.
Article II of the amendment is of particular importance because it pertains to the various Home Owner Associations throughout the City. Up until July 1, 2007, HOAs were denying the use of artificial turf in landscapes. The Article specifically prohibts HOAs from imposing covenants to restrict the use of artificial turf.
Article II Prohibition on Certain Covenants, Conditions and Restrictions
This article does not prohibit water-intensize landscaping but allows home owners to install the landscaping of their choice.
13.16.200 Prohibition on certain Covenants, Conditions and Restrictions.
Any person(s) or association(s) are prohibited from imposing private covenants, conditions, restrictions, deed clauses or other agreements between parties, which prevents persons(s) from utilizing water-efficient landscaping provided such landscaping receives appropriate architectural-review approval. Landscaping designs may not prohibit solely on the basis that such design makes use of water-effecient landscaping.
13.16.210 Artificial or Synthetic Turf.
Any person(s) or association(s) is prohibeted from imposing private covenants, conditions, restrictions, deed clauses, or other agreements between the parties, which prevents person(s) from utilizing artificial or synthetic turf as an alternative to water-intensive landscape. Artificial or synthetic turf shal be allowed on all surfaces where landscape can be applied.
For more information visit the City of Suprise Water Services Department.