WATER: Saving water, couple run afoul of homeowner regs

By BRADLEY J. FIKES - Staff Writer | Wednesday, September 17, 2008 8:01 PM PDT ∞

VISTA ---- Judy and Richard Bieksha say they were doing the right thing to conserve water when they recently replaced their 748 square feet of front lawn with a mostly crushed-rock landscape.

But the Shadowridge homeowners' association says that by not getting permission, the couple at 1533 Roma Drive did it the wrong way.

In a letter dated Sept. 5, the association said the front yard must be redone to comply with association standards. The Biekshas are searching for a way to keep their water-efficient landscaping, which they say is attractive.

Dominated by pastel crushed rock called "Las Vegas Pink," the landscaping also includes a small circular flower garden with proteas and potted plants, along with hybrid hibiscus, a butterfly bush and plumerias, with more additions planned.

"People walking by compliment us on how good it looks," said Judy Bieksha. "But we have displeased the homeowners."

The clash pits two powerful forces against each other: the call to conserve water as California endures drought, and homeowners association rules. And it bears watching by the multitudes of Southern Californians who live in communities governed by homeowners associations and their rules.

Designed to maintain the community's aesthetic values and livability, homeowners association regulations are far-reaching. They are also legally enforceable with fines, as those violating them learn to their sorrow.

To Bob Brazier, a member of the architectural control committee responsible for Mallorca, the issue is simple: The Biekshas installed landscaping without getting the required approval. So the Biekshas must go back to the architectural committee and bring back a plan that does meet specifications.

The Biekshas admit that according to the rules governing their community of Mallorca, their landscaping appears out of compliance. The rules specify that no more than 25 percent of a front yard have rock landscape.

But they say the rules against rock landscaping are based on a false conception that it's ugly. And the drastic cut in water consumption for the front yard landscaping, which they estimated at 50 percent to a 75 percent, should count in their favor, they say.

Outdoor water use makes up the majority of residential water consumption, water agencies say, and represents the easiest target for water conservation.

Grass turf is a major water-guzzler, and water agencies across Southern California have adopted measures encouraging its replacement with less hungry substitutes. The city of Poway, for example, helps subsidize the replacement of lawns with artificial turf.

Less drastic alternatives that still save considerable amounts of water include low water use, or "xeriscape" landscaping, or even flower gardens. Just about anything is preferable than grass from a conservation standpoint, water officials say.

However, the call to conserve water doesn't grant those living in a community governed by a homeowners association an exemption from the rules governing landscaping.

While state or federal law could override association rules, there doesn't appear to be any law that applies to the Biekshas' situation, said Brett Hodgkiss, administrative services manager for the Vista Irrigation District, the local water agency.

Homeowners associations can't prohibit landscaping with low water-use plants, according to a state law enacted in 2006, Hodgkiss said. But that law says nothing about the use of rock landscaping.

Contact staff writer Bradley J. Fikes at (760) 739-6641 or bfikes@nctimes.com.