Title 33 - Property

Chapter 16, Planned Communities, Sec. 33-1801-33-1819

Artificial turf ban; prohibition; restrictions; attorney fees; applicability

Article 1, General Provisions, § 33-1819

Source: Arizona Revised Statutes

  1. Except as prescribed in subsection B of this section and notwithstanding any provision in the community documents, in any planned community that allows natural grass on a member’s property, after the period of declarant control, the association may not prohibit installing or using artificial turf on any member’s property.  An association may do all of the following:
    1. Adopt reasonable rules regarding the installation and appearance of artificial turf if those rules do not prevent installing artificial turf in the same manner that natural grass would be allowed by the community documents. Those rules may regulate the location on the property and percentage of the property that may be covered with artificial turf to the same extent as natural grass and may regulate artificial turf quality.
    2. Require the removal of a member’s artificial turf if the artificial turf creates a health or safety issue that the member does not correct.
    3. Require replacement or removal of the artificial turf if the artificial turf is not maintained in accordance with the association’s standards for maintenance.
  2. The association may prohibit the installation of artificial turf if the artificial turf would be installed in an area that the association is required to maintain or irrigate. If an association prohibits new installation of natural grass on a member’s property, the association may also prohibit new installation of artificial turf on a member’s property, except that, in that instance, an association may not prohibit a member from converting natural grass to artificial turf on the member’s property.
  3. Notwithstanding any provision in the community documents, in an action against the association for a violation of this section, the court shall award reasonable attorney fees and costs to any party that prevails as determined by the court.
  4. This section does not:
    1. Affect an association’s responsibility to carry out both the express and the reasonably implied intent of a declaration that provides that the design standards of the planned community are required to be followed to protect the natural environment in which the planned community is developed.
    2. Apply to a planned community that has unique vegetation and geologic characteristics that require preservation by the association and in which the viability of those characteristics is protected, supported and enhanced as a result of the continued existence of natural landscaping materials.

Also in: Chapter 16, Sec. 33-1801-33-1819

View all Planned Community Statutes statutes.

Source: This content is sourced from the online version of the Arizona Revised Statutes located at www.azleg.gov.

Disclaimer: These statutes are provided as a courtesy by CHDB Law LLP. CHDB Law cannot guarantee that the statutes set forth on the website or in our published guide will not be found to be defective by a court or other tribunal after the date the books or online material are published. The HOA Knowledge Base does not attempt to include every statute that could apply to a community association issue. There may be other statutes or applicable laws that have a bearing on a particular legal issue confronted by a community association. These statutes are provided as a reference only. If a particular legal issue is confronted by a community association, the association should seek legal advice from competent attorneys.

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