Southern Nevada HOAs have until January 2027 to remove their nonfunctional turf
Southern Nevada HOAs have until January 2027 to remove their nonfunctional turf
2026-09-15 · Nevada · Compliance
What happened. The largest capital project most Southern Nevada associations will undertake this decade has a statutory deadline, and it is now fifteen months away.
The Nevada Real Estate Division's Ombudsman published guidance for community associations specifically on this, and it states the rule plainly:1
“In 2021, the Nevada Legislature passed Assembly Bill 356 (AB356), marking a significant step in water conservation efforts across Southern Nevada. This legislation, now codified into law, requires the removal of non-functional grass, often referred to as ‘useless grass,’ in commercial, multi-family, and government properties by January 1, 2027.”
What counts as nonfunctional turf in an HOA
The Ombudsman's sheet names the two categories associations actually own:
“Non-functional turf includes grass areas such as: Streetscape turf located along public or private streets. Certain HOA-managed landscape areas that do not offer a recreational benefit.”
The Water Authority's own framing of the restriction is that beginning January 1, 2027, Colorado River water it or a member agency delivers may not be used to irrigate nonfunctional turf on property not zoned exclusively for single-family residence.2 The mandate does not reach a homeowner's own back yard, cemeteries, or recreational grass at schools and parks.
It does reach the median strips, entry monuments and street frontages that a Southern Nevada association maintains as common elements.
The rebate schedule already stepped down
The Ombudsman's guidance lists the dates that determined what conversions were worth:
“Important Dates — December 31, 2024: Deadline for completion to receive $3 per sq ft. January 1, 2025: Effective date of new rebate amounts. January 1, 2027: Deadline for all conversions.”
Associations that converted early were paid under one schedule; those converting now are paid under another. Current per-square-foot rates for commercial, multifamily and HOA properties should be confirmed against the Water Authority's own business and HOA rebate pages before a board budgets against a figure — the rates published for residential properties are not the rates that apply to an association's common areas.3
The Water Authority also operates a nonfunctional turf waiver request process. A board that believes a given area is functional — that it has a genuine recreational use — has a route to say so, and that route has its own timeline.
This is a reserve problem, and the Division says so
The Ombudsman's sheet makes the connection explicitly, tying the mandate to the reserve obligation: NRS 116 requires common-interest communities to maintain a reserve fund for future major repairs and replacement of community property.
That connection is about to get sharper. The state's pending regulation R091-25 — adopted by the Commission on September 9, 2026, not yet filed — would do two things to reserve studies that land directly on turf conversion:4
- Delete “baseline funding” from the funding objectives a reserve study may be built around.
- Redefine “adequately funded reserves” to mean funds sufficient to maintain the common elements “without the projected balance of the reserve fund reaching, at any time, an amount equal to or less than zero” and “[w]ithout using the funds from the operating accounts or without special or reserve assessments, except for occurrences that are a result of unforeseen catastrophic events.”
Read that second point against a turf conversion. A mandated landscape replacement with a known deadline is not an unforeseen catastrophic event. An association planning to fund it by special assessment is, on the proposed definition, not adequately funded.
The third pressure, from outside Nevada entirely
Fannie Mae and Freddie Mac are raising the minimum reserve contribution they will accept for project eligibility from 10% to 15% of the annual budget, effective January 4, 2027 — four days after the turf deadline. The exemption turns on having a reserve study completed or updated within the last three years and funding at the highest recommended level, with baseline funding expressly not allowed.5
So a Southern Nevada association funding to baseline in January 2027 is simultaneously: non-compliant with a state reserve regulation (if filed), below the secondary market's project-eligibility threshold, and facing a landscape conversion it has to pay for. Nevada's five-year reserve-study cycle under NRS 116.31152 does not by itself satisfy the three-year currency the lender exemption requires.
Where a board stands with fifteen months left
- Inventory and classify every irrigated area the association maintains, functional and nonfunctional, in square feet. This is the number everything else depends on and most associations do not have it.
- Decide on waivers now, not later. An area you intend to argue is functional needs to go through the waiver process with time to spare, not in December 2026.
- Get the current commercial/HOA rebate rate in writing and budget against that, not against a residential figure or a lapsed one.
- Book contractors early. Every affected property in the valley shares one deadline, and conversion crews are finite.
- Update the reserve study to reflect the conversion as a capital project, and check what funding objective your consultant used. If it says baseline, that is the word both the state regulation and the lenders are removing.
- Read your own CC&Rs. Many Southern Nevada declarations were drafted when turf was the aesthetic standard and may require landscaping the community is about to be barred from irrigating. That conflict is the association's to resolve, and the deadline will not wait for an amendment.
One thing to be clear about
The restriction operates on the water — on what Colorado River water delivered by the Authority or a member agency may irrigate. It is not a penalty schedule aimed at homeowners' yards, and an owner reading about it should not conclude their own lawn is affected. The association's common areas are a different question, and that is the one boards need to have answered.
Related Nevada HOA Topics
- Understanding AB356 for HOAs: Replacing Non-Functional Grass in HOAs in Southern Nevada (Nevada Real Estate Division, Office of the Ombudsman) ↩
- Understand laws and ordinances (Southern Nevada Water Authority) ↩
- Water Smart Landscapes rebate (Southern Nevada Water Authority) ↩
- LCB Draft of Second Revised Proposed Regulation R091-25, July 1, 2026 — sections 6 and 7 ↩
- What Fannie Mae & Freddie Mac's Latest Policy Changes Mean for Condominium Associations, Lenders, and Homeowners (CAI Advocacy, March 18, 2026) ↩
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