Thanks to the Texas Legislature and House Bill 517, homeowner associations can no longer fine you for having brown grass during watering restrictions.
The state legislature passed new rules over the summer to assist homeowners worried about HOA fines during drought. In addition to existing local rules, HOAs in Texas can no longer fine homeowners for brown or discolored grass during watering restrictions.
That’s thanks to House Bill 517, which was signed by the governor and took effect in September. The bill prevents property owners’ associations from assessing fines for brown or discolored turf or vegetation during drought restrictions. In fact, such fines are now prohibited for up to 60 days after drought restrictions are lifted.
This is in addition to SAWS utility service regulations and City of San Antonio ordinances, which also prohibit HOAs from requiring turfgrass to be planted or irrigated.
Here’s what you and your HOA need to know about how landscape covenants are impacted by water conservation in state and local property codes, especially in times of drought restriction:
- San Antonio City ordinance Section 34.275 (8): A property owners’ association or HOA cannot require you to water your brown grass or replace it with new sod.
- SAWS utility service regulations (Section 4.3.6): dedicatory instruments like property owners’ associations and HOAs may not require turfgrass to be planted or irrigated by their customers.
- State of Texas Section 202.007, Property Code Subsection (a): A property owners’ association cannot prohibit or restrict a property owner from using drought resistant landscaping or water-conserving turf.
- State of Texas Section 202.008, Property Code Subsection (b): A property owners’ association may not assess a fine against a property owner for a violation of an applicable covenant that requires the owner to plant or install grass or turf or maintain green vegetation or turf or prohibits discolored or brown vegetation or turf on the property, either during residential watering restrictions or before the 60th day after the restrictions are lifted.
HOAs are required to follow these state and local laws, but at times they may need a reminder, especially considering their membership boards turn over frequently. As there are no irrigation variances available for re-landscaping during Stage 2 or Stage 3 watering rules, any request for new turfgrass from an HOA could only be fulfilled if that sod were watered in by hand to establish.
HOAs are always looking to maintain neighborhood standards. Those with outdated landscape covenants may be in a tough position these days, as the multiyear drought has taken a toll on local turfgrass. For some, the change in state laws may provide a welcome opportunity to update their covenants.
In the meantime, continue to find neighborly ways to work with your HOA and follow their design review process carefully before undertaking costly landscape installations.
| City of San Antonio Municipal Code Sec 34-275 (8)Dedicatory Instruments.
San Antonio Water System Utility Service Regulations Section 4.3.6 4.3.6 DEDICATORY INSTRUMENTS. In accordance with chapter 34 of the San Antonio City Code, a dedicatory instrument may not require turfgrass be planted or irrigated, nor may it require the installation of an irrigation system. Additionally, per V.T.C.A., Property Code chapter 202, § 202.007, a property owner’s association (POA) may not prohibit or restrict a property owner from implementing certain efficient irrigation systems, however, a POA may restrict the type of turf used in order to encourage conservation or require water conserving turf. Last, under V.T.C.A., Property Code chapter 202, § 202.007, a property owners’ association cannot prohibit drought-tolerant landscaping. State of Texas (a) A property owner’s association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from (4) using drought resistant landscaping or water-conserving natural turf. (d-1) A property owners’ association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision. State of Texas Property Code Section 202.008 effective September 1, 2025. LIMITATION ON FINES DURING RESIDENTIAL WATER RESTRICTION. (a) For the purposes of this section, “residential watering restriction” means a temporary restriction of water use to irrigate residential vegetation or turf that is mandated by a municipality, water utility, or other wholesale or retail water supplier as part of a strategy to conserve water during a period of drought. (b) A property owners’ association may not assess a fine against a property owner for a violation of an applicable restrictive covenant that requires the owner to plant or install grass or turf or maintain green vegetation or turf or prohibits discolored or brown vegetation or turf on the property: (1) during a period when the owner’s property is subject to a residential watering restriction under which discolored or brown vegetation or turf could reasonably result; and (2) before the 60th day after the date a residential watering restriction described by Subdivision (1) is lifted. |
