# Washington HOA Drought-Resistant Landscaping Rights (2026)

> Under Washington Revised Code 64.90.512, part of the Uniform Common Interest Ownership Act, and the older HOA Act provision at 64.38.057, an association cannot prohibit an owner from installing drought-resistant landscaping, pollinator habitat, or wildfire-ignition-resistant landscaping on property the owner controls. Drought-resistant landscaping includes noninvasive vegetation adapted to dry conditions, stone, and landscaping rock. There is a second protection too: if the property sits within a drought condition order issued by the Department of Ecology, the association cannot fine or assess an owner for reducing or eliminating watering for the duration of that order. The HOA can still set reasonable design standards, but not ones that effectively force a high-water-use turf lawn or ban the protected alternatives.

_Source: https://hoanotes.com/hoa/washington/sustainable-landscaping/ | Last reviewed 2026-06-03_

## What the law protects

Washington protects more than just xeriscape. An owner can install drought-resistant landscaping, which the statute defines as noninvasive vegetation adapted to dry conditions, stone, or landscaping rock, and can also install pollinator habitat or wildfire-ignition-resistant landscaping. A rule that demands a live grass lawn or bans these alternatives does not hold up.

The drought-order protection is the part many owners miss. When the Department of Ecology issues a drought condition order covering the property, the association cannot fine or assess an owner for cutting back or stopping watering for the length of that order. The HOA keeps room to set reasonable design standards, but not to force a thirsty lawn back into place.

## What to check in the disclosure packet

If you want a water-wise yard, read these before you make an offer:

- Landscaping rules that require a live grass lawn or ban rock, native plants, or pollinator habitat.
- Any rule that would fine an owner for reduced watering during a declared drought.
- Design standards, and whether they leave room for drought-resistant or wildfire-resistant landscaping.
- Board minutes for landscaping fines tied to lawn conversions.

## Why this matters to your offer

Water-wise and wildfire-resistant landscaping save money and reduce risk, and Washington law protects them. A rules document that still mandates a live turf lawn, or that would fine you for conserving during a drought order, is out of step with the statute.

An HOA Notes brief reads the landscaping rules against these protections, flags a live-turf mandate or a drought-season fine rule, and cites the page behind each finding.

## What the statute says

**Washington Revised Code 64.38.057 and 64.90.512** (Sustainable landscaping rights). An association cannot prohibit an owner from implementing drought-resistant or sustainable landscaping, including replacing traditional lawn grass with low-water-use plants, ground covers, native plants, or similar alternatives on owner-controlled property; restrictions requiring maintenance of live turf grass that is inconsistent with sustainable landscaping practices are unenforceable. The association may impose reasonable design standards for sustainable landscaping -- for example, specifying plant types, mulch requirements, or layout standards -- as long as such standards do not effectively require traditional high-water-use turf grass or prohibit sustainable alternatives.

## Washington HOA landscaping: common questions

### Can a Washington HOA require a grass lawn?

No. An association cannot prohibit drought-resistant landscaping, pollinator habitat, or wildfire-resistant landscaping, or effectively force a high-water-use turf lawn.

### What counts as drought-resistant landscaping?

Noninvasive vegetation adapted to dry conditions, stone, and landscaping rock, under the statute's definition.

### Can the HOA fine me for not watering during a drought?

No. If the property is within a Department of Ecology drought condition order, the association cannot fine or assess an owner for reducing or stopping watering for the duration of that order.

## Sources (verified 2026-06-03)

1. Revised Code of Washington 64.90.512 (drought-resistant, pollinator, and wildfire-resistant landscaping), Washington State Legislature. Verified 2026-06-03. https://app.leg.wa.gov/RCW/default.aspx?cite=64.90.512
2. Revised Code of Washington Chapter 64.90 (full text), Washington State Legislature. Verified 2026-06-03. https://app.leg.wa.gov/RCW/default.aspx?cite=64.90&full=true
3. Washington HOA laws: RCW 64.38, WUCIOA, and the 2028 transition, EffortlessHOA. Verified 2026-06-03. https://effortlesshoa.com/blog/hoa-laws-washington

HOA Notes is not a law firm and this is not legal advice.