April 8, 2020

Washington Legislature Approves New Law Regarding Low-Water Landscaping

The Washington Legislature recently approved a new law regulating the ability of community associations and their governing documents to restrict low-water landscaping practices.  The law first states that an association's governing documents may not prohibit the installation of drought resistant landscaping or wildfire ignition resistant landscaping.  It next states that an association's governing documents may include reasonable rules regarding the placement and aesthetic appearance of such landscaping as long as those rules do not render the use of such landscaping unreasonably costly or otherwise effectively infeasible.  The new law finally states that an association may not sanction or impose a fine or assessment against an owner or resident for reducing or eliminating the watering of vegetation or lawns for the duration of a drought condition order issued by the department of ecology that is applicable to the property.  This new law takes effect on June 11, 2020.