Xeriscape Rules for Chatham Court as of August 2014
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Xeriscape Landscaping Rules
Purpose of rules. The purpose of these guidelines is to maintain values of homes by maintaining a tasteful, consistent
neighborhood look. Allowing flexibility within the rules will require judgment calls. Residents who wish to be involved in
making those calls can ask a board member to submit a request to join the architectural committee at the next board
meeting, or email chathamcourtav@gmail.com.
Just as municipal governments apply changes in rules primarily to new construction, Chatham Court will apply Xeriscape
rules primarily to new landscaping. The focus for existing landscape is maintenance; homes with lawns must either
water those lawns or follow the procedure and timeline to convert turf to Xeriscape, as laid out in these guidelines.
Deficiencies in existing Xeriscaped areas may be addressed, retroactively, at the discretion of the board.
Old rules still apply. Xeriscape standards do not replace previous landscape standards. Instead, they provide an
alternative for homeowners who wish to save water. They also keep our community in compliance with changes in the
law (see Appendix A). These Xeriscape guidelines represent a new and un-tested policy for water-saving landscape
variances, not a replacement of standards for existing landscapes. Over the course of the next few years, the HOA Board,
the architectural committee, and homeowners may suggest improvements to the policy. Xeriscaping variances must not
negatively impact neighborhood values or atmosphere.
No grass required. The majority of Chatham Court front yards have always been primarily covered with turf. Because of
current drought conditions, state law has changed. Homeowners cannot be prohibited from water saving changes such
as removing their turf. Many homeowners may wish to stop watering lawns as water becomes more expensive, but
homeowners must realize that installing Xeriscape will require an up- front investment before savings begin.
Save water. State legal changes allowing removal of turf are not designed to save homeowners money; the changes are
designed to save an increasingly scarce resource--water. Enforcement of Xeriscaping standards for homeowners who do
not wish to maintain lawn remains within the purview of Chatham Court, not the state. Maintaining community value
and continuity requires more than a minimal investment of funds and effort when Xeriscaping front landscaping.
Hardscape required. The use of hardscape is required when a homeowner Xeriscapes most or all of the front lawn.
Interspersed plants or plant groupings must break up large areas of rock, decomposed granite, or other plant-free areas.
The xeriscaped area covered by concrete or brick surfaces is not counted toward the square footage of plants and
greenery homeowners must include in plans (page 11, Overview of Elements in an Acceptable Xeriscape Plan).
Prevent erosion and blend with neighbors. To reduce the chance of erosion, large areas without plants can be
composed of erosion resistant substrate, such as decomposed granite (DG), or hardscape, such as stamped concrete.
Xeriscape Rules for Chatham Court as of August 2014
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Ground covers may also be used reduce the risk of erosion and to blend with neighbors who continue to maintain turf.
Xeriscape substrate that allows soil to erode is not permitted, and must be corrected retroactively when necessary.
Large Xeriscaped areas must include either a central solid green plant area, or a border of xeric groundcovers like
Rosemary or Juniper in cases where no grass is maintained. This provides for areas with significant green that help blend
Xeriscape with neighboring lawns. Small sections between a driveway and a neighbor’s lawn may not need green to
blend, depending on the situation.
Other pointers. Xeriscape in Chatham Court will be formal in design. Mixing rocks of very different colors or mixing very
different materials must not give an appearance of being haphazard. The overall design must not look muddled, but
crisp and defined. Although masonry does not need to match neighbors’ masonry, it must fit the neighborhood and
existing rules in the CC&Rs.
Table of Contents
Appendix A – Legal Basis and Procedures
Appendix B – Definitions
Appendix C – Specific Guidelines
Appendix D – Further Reading
Xeriscape Rules for Chatham Court as of August 2014
Appendix A
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The Law
1. The law gives a homeowner’s association authority to maintain or change rules in a neighborhood according to
procedures in the CC&Rs (Civil Code 5980).
2. Any homeowner buying a home in an HOA agrees to follow community standards, as allowed by law (Davis
Stirling Act).
3. California has ruled that no homeowner can be required to maintain turf; standards for Xeriscaping design of the
replacement landscaping remain the prerogative of the HOA (Assembly Bill AB2104, Civil Code 4735).
Procedures & Deadlines
Changes to landscape must be approved by the board. Submit the architectural change proposal form to the board for
review. Submit necessary sketches or photos to the board with the filled out form. Make suggested modifications, after
board review and feedback. Complete changes within the specified time. The board must respond to architectural
change proposals for Xeriscape within 30 days, either by approving a home owner’s plan, or by suggesting changes that
would result in approval of the plan.
A. Timeline to Provide an Approved Xeriscape Plan & Complete Work
In the following step by step process, all deadlines will be calculated from the date of the first warning letter, in step
one. At any time, the homeowner may stop the clock, and this process, by returning traditional landscape to good
condition. A homeowner will have unlimited time to craft a Xeriscape plan if the existing landscaping is maintained in
the interim.
1. Clock starts - Homeowner receives a warning letter about front landscape.
2. By 30 days – Homeowner submits a Xeriscape plan to a board member.

By 45 days – Homeowner may receive suggested changes that would result in approval.
3. By 60 days – Homeowner submits a revised Xeriscape plan to a board member.
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By 75 days – Homeowner may receive suggested changes that would result in approval.
4. By 90 days, the homeowner must accept suggested changes in step 3, if the board does not accept the latest
alternative homeowner revision of the plan.
If the homeowner does not meet the deadline in step 2, step 3, or step 4, or rejects suggested changes that would have
made the plan acceptable in step 4, fines will be applied each month per the CC&Rs. Fines will accumulate until an
acceptable plan is submitted, or the original landscaping is returned to good condition according to the CC&Rs, as long
as the board has done their part, according to the timeline.
Xeriscape Rules for Chatham Court as of August 2014
B. Timeline for Carrying Out Approved Xeriscape Plan.
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1. Clock starts – Home owner receives approval for a Xeriscape plan with a timeline for completion, including
stages and interim deadlines if necessary.
2. Within 30 days – Begin corrective action (restore original landscape or begin Xeriscape work).
3. Within 90 days – Complete Xeriscape landscape according to plan, or explain to the board, at a board meeting,
why and how much more time is needed.
If the home owner does not complete the Xeriscape plan within 90 days of approval, fines will be applied each month
(per the CC&Rs), unless the board grants a waiver for a later deadline. Fines will accumulate until the work is completed
according to the agreed upon timetable, or the original landscaping is returned to good condition according to the
CC&Rs.
Part of complying with Xeriscape policy is complying with timelines for planning and implementation of approved plans.
Indefinite timetables are not acceptable. Application of fines may be used to encourage homeowners to meet agreed
upon deadlines. Waivers or delays may be allowed at the discretion of the board. Delays are only suggested in cases
where homeowners encounter unusual obstacles, such as hospitalization for serious illness or other emergencies. Even
in those cases, an indefinite delay is not acceptable.
Changes to guidelines
The board may modify these rules as the law or other circumstances require. Suggestions for changes can be submitted
to the board.
Appeals
The architectural committee will give the board advice on standards. A homeowner may appeal a board decision to the
architectural committee. A homeowner who believes a requested variance from an existing standard would maintain or
improve the community look may also present reasons for that belief to board members for consideration.
Deadlines for making changes
No deadlines for Xeriscaping plans apply as long as existing landscaping is maintained in the interim. If existing
landscaping is not maintained according to the CC&Rs, the timeline provided in the “Procedures & Deadlines” section
will apply.
Xeriscape Rules for Chatham Court as of August 2014
Appendix B
Definitions
Hardscape - Masonry & Concrete
1. Slump stone wall
4. Poured concrete courtyard or walkway.
2. Stucco wall
5. Brick courtyard.
3. Brickwork
6. Curbing
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Xeriscape Rules for Chatham Court as of August 2014
Appendix C
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Specific guidelines
1. Irrigation - Irrigation lines must not be visible except at the point of delivery.
2. Lighting – Landscape lights may be used for gardens or pathways.
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Spotlights on landscape features must not be directed toward neighbors.
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Lighting must not adversely affect neighbors.
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Use umbrella lighting or downward pointed lighting where it might affect neighbors.
3. Decorative objects - Use natural materials; do not use artificial grass.
4. Large areas
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Prevent erosion by placing plants no further than four feet apart, or by using an erosion resistant
substrate like decomposed granite.
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One half of the measured square footage of the Xeriscaped area must eventually be covered by plants
and greenery, as measured by width of mature plants at the base.
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The square footage of courtyard or paved pathway areas does not count toward the square footage of
Xeriscaped area for purposes of calculating how much must be covered by plants and greener
5. Beds and sections – Must be defined by
borders.
Spacing of beds must break up large areas.
Xeriscape Rules for Chatham Court as of August 2014
6. Borders – Bed Borders
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Narrow spaces between yards do not require a green border.
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Plastic is not permitted for borders.
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Plastic heaves out of the ground.
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The sun degrades plastic and it is easily damaged.
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Plastic gives the impression of a slipshod design because of its lack of durability.
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River rock is not permitted for borders.
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River rock does not stay in place well.
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River rock does not look formal enough for the desired style of Xeriscape.
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Concrete curbing with light or earth tone coloring is desirable for borders.
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Use brick borders that match other brick structures in the neighborhood.
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Xeriscape Rules for Chatham Court as of August 2014
Brick curbing must have a footing so it stays in place.
7. Yard borders
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Use a green ground cover to blend with neighboring lawns when transitioning from large areas of
Xeriscape to large grassy areas.
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Juniper or rosemary are examples of green ground covers for borders and blending with lawns.
8. Erosion
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Use xeric ground covers to reduce erosion.
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Use decomposed granite, river rock or loose stone to reduce erosion.
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Xeriscape Rules for Chatham Court as of August 2014
Elements in an Acceptable Xeriscape Plan - Overview
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1. One half of the measured square footage of the Xeriscaped area, minus the area of paved or concrete pathways
and courtyards, must eventually be covered by plants and greenery, as measured by width of mature plants at
the base.
2. Include at least three hardscape features, as well as sufficient plants (see a), if the entire front yard is
Xeriscaped.
3. Include design features that prevent erosion without plants, such as decomposed granite, a draining substrate
that will stay in place.
4. Prioritize the use of natural materials and earth tone colors.
Not Permitted in Xeriscape Plans
1. River rock borders – river rock as a ground cover is fine.
2. Plastic borders for plant beds or Xeriscaped areas.
3. Artificial grass or plants.
4. Exposed irrigation lines.
5. Wood chips or any light material that does not stay in place when blown by wind or displaced by water.
Xeriscape Rules for Chatham Court as of August 2014
Appendix D
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Further Reading

Noland & Krucheck. (2014). The impacts of California’s 2020 water law on community associations. See
http://www.hoalawblog.com/2014/04/the_impacts_of_californias_202.html

CA AB2104 | 2013-2014 | Regular Session. (2014, June 12). LegiScan. Retrieved July 15, 2014, from
http://legiscan.com/CA/bill/AB2104/2013
As of June 12, 2014, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section
4735 of the Civil Code is amended to read: 4735.
(a) Notwithstanding any other law, a provision of the governing documents, or architectural or landscaping
guidelines or policies shall be void and unenforceable if it does any of the following:
(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a
group or as a replacement of existing turf.
(2) Has the effect of prohibiting or restricting compliance with either of the following:
(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section
65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the
Water Code.
(b) This section shall not prohibit an association from applying landscaping rules established in the governing
documents, to the extent the rules fully conform with subdivision (a).

Davis Stirling Act, Civil Code 4735, http://www.davisstirling.com/MainIndex/Statutes/CivilCode%C2%A74735/tabid/3761/Default.aspx#axzz37adgdL8q
DAVIS-STIRLING ACT
Civil Code §4735. Low Water-Using Plants.
[Old: Civ. Code §1353.8]
(a) Notwithstanding any other law, a provision of the governing documents shall be void and unenforceable if it
does any of the following:
(1) Prohibits, or includes conditions that have the effect of prohibiting, the use of low water-using plants as a
group.
(2) Has the effect of prohibiting or restricting compliance with either of the following:
(A) A water-efficient landscape ordinance adopted or in effect pursuant to subdivision (c) of Section
65595 of the Government Code.
(B) Any regulation or restriction on the use of water adopted pursuant to Section 353 or 375 of the
Water Code.
(b) This section shall not prohibit an association from applying landscaping rules established in the governing
documents, to the extent the rules fully conform with the requirements of subdivision (a).