Generally speaking, your HOA cannot blanketly prohibit you from installing artificial turf. A.R.S. § 33-1817(A). If your community allows grass, then artificial turf must also be allowed. However, Arizona law does permit your HOA to adopt reasonable rules and regulations, so long as they apply equally to both grass and artificial turf. So, knowing your rights as a homeowner will help prevent the HOA from taking advantage of you.
Here are some examples of what your HOA is allowed to do under Arizona law regarding artificial turf:
- If the HOA wants to regulate how much artificial turf is allowed on a homeowners’ property, the same regulations must also apply to natural grass.
- If the HOA wants to regulate where the artificial turf can be placed, the same regulations must also apply to natural grass.
- If there is a health or safety issue related to your artificial turf, and you fail to address that issue, the HOA may require you remove artificial turf.
There may be other situations where the HOA can blanketly prohibit artificial turf. If the CC&Rs require the HOA to protect the natural environment of the community, they may be able to ban artificial turf. They may also be allowed to ban turf if your community has unique vegetation and geologic characteristics that the HOA is required to preserve.
At all times, the HOA is required to act reasonably when they are exercising their powers with respect to making the rules, enforcing the rules and/or controlling the design of the community. This means that even if a restriction on artificial turf is permissible under Arizona law, the HOA may still violate your rights if they act unreasonably.
If your HOA is in violation of any of these laws/legal obligations, Lubin Pham + Caplin, LLP is here to help. And, if you win a lawsuit against your HOA over an artificial-turf dispute, the court is REQUIRED to also award you the recovery of your attorneys’ fees. We are happy to advise and guide you through these types of issues. Call us today to schedule a consultation.
