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Thousand Oaks, CA HOA Rules: CC&R Enforcement (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Section
TOMC § 10-2.1104(m), first sentence
HOAs cannot
Ban low water-using plants replacing turf
HOAs cannot
Block City water-efficiency compliance
Applies to
All HOA architectural/landscaping guidelines
Fine schedule
None specific to this clause
Effective
Ord. 1705-NS, November 25, 2022

Summary

Thousand Oaks bars homeowner associations from enforcing CC&R landscaping guidelines that conflict with the City's water-efficient landscaping rules. Under TOMC § 10-2.1104(m), an HOA may not prohibit residents from swapping high-water turf for low water-using plants, or otherwise block compliance with the City's water conservation ordinance, no matter what an association's governing documents say.

(m) HOAs shall not enforce architectural or landscaping guidelines or policies that prohibit the use of low water-using plants as a replacement of existing turf, or that prohibit, or have the effect of prohibiting, compliance with the City’s water-efficient landscaping requirements.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-78: 2026 S-78 Supplement contains: Current city legislation passed through March 31, 2026).

Full Breakdown

The limit on HOA authority is written into the same Article 11 water conservation ordinance that sets Thousand Oaks' irrigation rules (Ord. 1705-NS, effective November 25, 2022). Sec. 1104(m) states that HOAs 'shall not enforce architectural or landscaping guidelines or policies' that either forbid replacing existing turf with low water-using plants, or that prohibit, or have the effect of prohibiting, compliance with the City's water-efficient landscaping requirements found throughout Article 11, including the watering-hour, watering-day and non-functional turf standards in Sec. 1104. That means a subdivision's CC&Rs or design-review conditions cannot require a resident to keep a thirsty lawn, deny approval for climate-appropriate plants (defined in Sec.

1101(c) as native and regionally-adapted species), or otherwise stand in the way of a homeowner bringing landscaping into compliance with the City's conservation measures. The provision gives the HOA no separate enforcement or appeal process of its own; it operates as a direct override written into the City's code, meaning the water-efficient landscaping requirement controls over a conflicting HOA rule regardless of when the CC&Rs were recorded. It sits alongside, but is legally distinct from, the State's own artificial-turf and drought-tolerant landscaping protections for HOAs in Civil Code Section 4735: the City ordinance addresses conflicts with Thousand Oaks' own water conservation code specifically, while the state statute addresses HOA turf and landscape-material restrictions more broadly.

Violations & Fines

Subsection (m) carries no fine schedule of its own; it works as a legal bar on enforcement rather than a separately punishable offense. A homeowner blocked by an HOA landscaping rule that conflicts with the City's water-efficient requirements can point to Sec. 10-2.1104(m) as making that HOA rule unenforceable, and can also raise the underlying water conservation requirement directly with the water purveyor or the City if the association's design-review process is being used to prevent compliance.

Frequently Asked Questions

Can my HOA deny my request to remove turf for native plants?
Not if the replacement plants are low water-using and the goal is compliance with Thousand Oaks' water-efficient landscaping rules. Sec. 10-2.1104(m) bars an HOA from enforcing architectural or landscaping guidelines that prohibit swapping existing turf for low water-using plants or that otherwise block compliance with the City's Article 11 water conservation requirements.
Does this override my CC&Rs?
Yes, for this specific conflict. The ordinance is written as a direct limit on HOA guideline enforcement: an association cannot enforce a CC&R provision that prohibits, or has the effect of prohibiting, compliance with the City's water-efficient landscaping requirements, regardless of what the recorded governing documents otherwise allow.
Is this the same as the state artificial turf law?
No. Sec. 10-2.1104(m) is a Thousand Oaks ordinance addressing conflicts with the City's own water conservation code. California Civil Code Section 4735 is a separate, statewide protection for artificial turf and drought-tolerant landscaping that applies to HOAs regardless of local ordinance.

Sources & Official References

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