Texas HOA landscaping and water-conservation rights

Texas Property Code 202.007 names the water-conservation practices a property owners association cannot ban: composting of vegetation, rain barrels and rainwater harvesting systems, efficient irrigation, drought-resistant landscaping, and water-conserving natural turf. A covenant that prohibits any of these is void.

The board keeps room to manage appearance. It can ask an owner to submit a plan for drought-resistant landscaping and review it for aesthetic fit with the rest of the subdivision, and it can regulate the size, type, and materials of a visible rain barrel, as long as the rules do not block an economical install. What it cannot do is unreasonably withhold approval or label a conforming xeriscape plan incompatible.

Water-wise yards lower a water bill and survive a drought restriction that would brown out a traditional lawn. Section 202.007 protects them, so the real question in the packet is the gap between an old document and current law. A CC&R that still requires a green lawn year-round is unenforceable on that point, but a board that keeps trying to enforce it can turn ownership into a fight.

Read these together before you make an offer:

• The CC&Rs and rules for 'live turf grass only' language or bans on gravel, rock, mulch, or artificial turf, which are likely void.
• The architectural guidelines for any approved plant list and the rain-barrel rules the board can enforce.
• Recent board minutes for landscaping disputes, fines, or denied plans.
• Whether the approval process for a planting plan has a clear timeline.

A board that fines low-water yards in a state that protects them is a governance signal, and a document that still bans them is a sign it has not kept up with the law.

An HOA Notes brief reads the CC&Rs, the architectural guidelines, and the minutes together, flags the landscaping rules that conflict with the Property Code, and cites the page behind every finding.

Texas Property Code section 202.007 (Water conservation and landscaping). An association may not prohibit or restrict a property owner from installing rain barrels or a rainwater harvesting system, using efficient or drip irrigation, using drought-resistant landscaping or water-conserving natural turf, or composting vegetation; any such provision is void. The association may regulate the size, type, shielding, and materials of visible rain barrels or harvesting devices, require an approved drought-resistant plant list, and prohibit rain barrels in front yards or on common areas -- provided regulations do not economically prohibit installation.

When you read the disclosure packet, watch for all landscaping must consist of live green grass or sod, no gravel rock mulch or artificial turf, rain barrels cisterns or water collection systems are prohibited, and no drip irrigation without prior approval. HOA Notes flags each of these against the statute and tells you which restrictions are actually enforceable.