Can Texas HOAs Enforce Landscape Rules?

Is your Texas HOA demanding green grass?

A Texas homeowners association technically can't legally make you water your lawn or replace it.

If your Texas homeowner's association has sent you a request to replace your grass, you should know that according to Texas state and local laws, an HOA cannot legally require you to install, re-sod, or even make you irrigate turf grass.

A dry spell, which is more than 40 days without adequate rainfall, is a drought. If there is a drought, it isn't very smart to install new turf sod. During a drought, variances are not available for new sod watering, which means that any new grass has to be watered by hand.

HOA's primary concern is maintaining high neighborhood standards, thus working within their landscaping rules, which can become very complicated sometimes.

You should know, for example, that the City of San Antonio Ordinance Section 34.275 (8) states that an HOA cannot require you to water your brown grass or replace it with new sod. Check your city ordinances for guidance!

The State of Texas Section 202.007, Property Code Subsection (a) states an HOA cannot prohibit or restrict a property owner from using drought-resistant landscaping or water-conserving turf.

SAWS utility service regulations (Section 4.3.6) followed by all SAWS water customers reiterate that dedicatory instruments like HOAs may not require turfgrass to be planted or irrigated.

In addition, since there are no irrigation variances available for re-landscaping during Stage 2 or Stage 3 watering rules, the new turf some HOAs are requesting would have to be watered in by hand.

A drought can be harsh on local landscapes. During winter, landscape irrigation can typically be reduced to once a month instead of rain—cutting back will save you on your winter averaging.

The bill's sponsor is state Senator Kirk Watson, D-Austin. He maintains that it is a matter of property rights. This is a way to give homeowners a way to manage their water bills. Working with homeowner's associations created a balance, allowing a reasonable approach to water management. The law was necessary because HOAs issued blanket denials of low-water landscaping, or xeriscaping as it is known.

Some HOAs have prohibitions against rain barrels and composting. Rain collection can help irrigate or top off ornamental ponds and other water features without tapping into municipal water systems. Some associations and cities, however, have objected to the appearance of the water tanks.

Composting yard waste such as grass clippings and leaves helps keep debris from landfills and builds soil. However, improperly managed compost piles can attract vermin, which HOAs definitely do not want. Early opposition was centered on a misconception about xeriscaping. Some thought it was all St. Augustine, or you are going to have nothing. Reasonable restrictions can be made so you don't end up with a rock-bin yard.

There are different turf grasses that use much less water than traditional North Texas lawn grasses such as Bermuda and St. Augustine, and still provide a nice-looking lawn.

The bill does not, however, require homeowner associations to allow synthetic grass. A similar bill introduced in the House by Rep. Dawnna Dukes, also an Austin Democrat, was replaced by Watson's bill. Her bill included city and county governmental entities in the changes.

Those provisions were dropped in the Senate version because that's not a big issue. The bill is vital in encouraging homeowners to be more conservation-minded in their water use. Most of the state has been in a drought; therefore, permanent watering restrictions have been imposed in many cities, and an increasing population is straining the water supply.

Along with falling supply, water prices are going up, making xeriscaping an even more attractive option. In the heat of the summer, if a person has some disposable income, they probably don't want to pour it on the ground.

So, as a rule of thumb, you should find neighborly ways to work with your HOA to achieve drought-resilient curb appeal. But don't be intimidated into installing new grass just because you've received a letter of demand from the HOA.

Improve your soil's moisture-retaining capacity before next summer by adding compost to remaining grass areas. You can do this in autumn, which is a great time to plant shade trees.

Texas State law does allow H.O.A.s to require a detailed description before new landscape plans and to ensure, to the extent, that it is practical compatibility with other landscaping in the community. In particular, they can regulate the use of rock and gravel, so make sure you know the landscape rules and follow the process before undertaking costly landscape installations. Just check with your HOA before making any changes to your landscaping, and make sure that you aren't being bullied by the association into spending unnecessarily during a drought.