CEDAR CITY — Gordon Hodnett’s house sits nestled above the city toward the top of the Canyon Ridge Homeowners Association’s planned urban development.
Looking toward town, one can see The Church of Jesus Christ of Latter-day Saints temple in the distance, the greens from the golf course below and most of Cedar City in between.
Looking further, one can only see miles upon miles of sagebrush, rabbitbrush, Utah junipers and Pinyon pine trees galore.
So when Hodnett moved to the community and bought the house constructed four years previous to his purchase, he was under the assumption the sellers had been approved for the waterwise landscape features the home came with.
“There is a working sprinkler system with plants that can live without much water — I really liked that it was natural landscaping,” Hodnett said. “There was nothing stating the landscape plan had not been completed. Nothing about the property having a continuing violation was included on the HOA disclosure at the title signing.”
A few months after moving in he received a notice from the homeowners association stating that he needed to submit a plan to be approved for landscaping in his yard.
After some research, he submitted the requested landscape plan, which was similar to what already existed. It included rabbitbrush since it is one of the waterwise plants used for the required water-efficient landscaping. But Canyon Ridge Homeowners Association board members rejected the plan.
“They say it is an invasive species,” Hodnett said. “So I did more research and presented to them what I found out about it not being an invasive plant. We have planter boxes out back and I recently found out that rabbitbrush is good for pollinators — that made me want to keep them even more.”
Hodnett said he secured another meeting with the association’s board members, presented his findings and was again denied.
On April 15, the homeowners association placed a lien on the Phase 4 Lot 10 property within the Canyon Ridge Homeowners Association owned by Hodnett for $4,275.00, according to Iron County property records.
According to the state law regarding community associations, Utah code 57-8a-212.5, “Each lot owner shall reasonably comply with the governing documents, as the governing documents may be lawfully amended from time to time, and failure to comply shall be ground for an action to recover sums due for damages or injunctive relief or both, maintainable by the board on behalf of the lot owners, or in a proper case, by an aggrieved lot owner.”
Bruce Jenkins, managing partner at Jenkins, Bagley, Sperry Attorneys in St. George, said he could not comment on the Canyon Ridge Homeowners Association lien placed on Hodnett’s property.
Speaking to Cedar City News in general terms, Jenkins said HOA regulations are not always a matter of public record. And board members also have some discretion in the administration of the association they manage.
“There may also be rules of the association that are not part of the public record,” Jenkins emailed St. George News.
Hodnett said part of the research he presented to the board members included Utah legislation passed on May 3, 2023.
Section 2 of Utah code 57-8a-231 regarding water-efficient landscaping states, “An association may not enact or enforce a governing document that prohibits, or has the effect of prohibiting, a lot owner of a detached dwelling from incorporating water wise landscaping on the property owner’s property.”
Rubber rabbitbrush (Ericarmaria species), a Utah native plant, is not a weed or an invasive species, but rather a highly recommended decorative species for waterwise gardens, according to Utah Native Plant Society President Cathy Kling.
“Rubber rabbitbrush is commonly used in native and waterwise gardens throughout the state of Utah and I have planted it in my own urban waterwise garden in Salt Lake City,” Kling wrote in a letter to Canyon Ridge Homeowners Association. “It is just now starting to show its beautiful fall foliage, something I look forward to every year. It is not a weedy plant and causes no issues for my neighbors.”
Kling supported her letter with the article “Landscaping on the New Frontier: Waterwise Gardening for the Intermountain West,” by Susan E. Meyer, Roger K. Kjelgren, Darrel G. Morrison and William A. Varga with the Utah State University Extension Service.
“A widely distributed and common roadside plant throughout our region, rubber rabbitbrush is often the first native shrub that newcomers learn to recognize and love,” the authors wrote. “Rubber rabbitbrush has a rubber-like scent that is pleasing to some and not so pleasing to others. It is broadly adapted and tough as nails, thriving in desert washes as well as in high mountain meadows.”
According to the U.S. Department of Agriculture, rabbits don’t actually eat rabbitbrush. It is more likely given the moniker in history due to the protection it provides for desert hares.
Also known as gray rabbitbrush or chamisa, Native Americans reportedly used it to produce yellow dye, medicinal tea and candy-like chewing gum.
“The species is useful in soil stabilization and restoration of disturbed sites,” U.S. Forest Service Project Manager Sarah Malaby wrote about rabbitbrush. “The deep root system establishes quickly and plants produce large quantities of leaf litter, helping to bring nutrients to the soil surface from the deeper rooting profile.”
Malaby said in desert climates, rubber rabbitbrush is gaining popularity as an ornamental foliage known for its tolerance for poor conditions.
As for Hodnett, he has retained an attorney to retain the landscape he fell in love with. Researching the plant that is found in every state west of Texas, parts of New York and throughout Canada, made him appreciate the rabbitbrush even more.
“I feel like bringing this matter to light might help disinfect the situation,” he said. “And possibly help the members of the board of directors to do the right thing.”
The Canyon Ridge Homeowners Association’s “Covenants, Conditions and Restrictions” state that landscaping choices must be approved, but they do not mention specific plants that are not allowed.
The rules also state a lien may be placed on a homeowner’s property as a resolution in the section labeled “Remedies.”
“The Board of Directors shall not thereby be deemed guilty of any manner of trespass, provided that judicial proceedings shall be instituted before any items of construction may be altered or demolished,” Canyon Ridge Homeowners Association CC&R Section 14.2 states.
According to Utah state court records, no lien has been filed with the civil courts on Hodnett’s property. Utah state law does allow community associations to place a lien on a property without a judge, if a homeowner is late or past due on fee payments.
In Hodnett’s case, he said the only fees unpaid are the recent rabbitbrush fines applied by the association’s board members.
Canyon Ridge Homeowners Association did not respond to Cedar City News’ questions regarding regulation violations and code enforcement.
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