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Landscaping

HOA Landscaping Rules

Lawns, drought rules, and who has to water the strip between the sidewalk and the street.

Reviewed October 1, 20261 min read

This is general information for homeowners in the United States. It is not legal advice and it does not create an attorney-client relationship. Your CC&Rs and your state's current statute control. Read both, and talk with a lawyer licensed in your state before you rely on any of this.

Landscaping notices are about dead grass, unapproved rock, a tree the association wants removed, or a yard the declaration says you must maintain even though it looks like common area. The first step is the map. If the strip is a common-area easement the association maintains, the notice should never have come to you. If it is your lot, the maintenance duty is probably yours even when mowing it feels like a favor to the neighborhood.

Drought changes the argument. When a public agency restricts irrigation, “keep it green” cannot mean “break the watering rule.” Write the association, cite the order, and propose the replacement the documents allow: native plants, mulch, or whatever the guidelines already list. If the guidelines only allow turf, ask for a temporary variance for the length of the restriction. Some state statutes go further and limit an association’s power to ban drought-tolerant yards. California and Texas both have versions of that idea in their codes. Read the current section rather than assuming the version you remember.

A fine for weeds still needs the notice and hearing your state requires. Cure what you can, photograph it, and send the photo with the date. Boards drop a lot of landscaping fines when the cure arrives before the hearing.

Common questions

The city told me to stop watering. The HOA says the lawn must be green. Who wins?

A mandatory drought restriction is law. A covenant does not require you to break it. Tell the association, in writing, which city or water-district order you are following, and ask what alternative groundcover they will accept while the order is in effect. Several states also limit associations from banning drought-tolerant landscaping.

Sources