Hoa Compliance Texas

# Texas Property Code 202.007: The HOA Landscaping Compliance Guide for DFW Boards ## Introduction: When Your HOA's Landscaping Rules Collide with Texas Law Picture this scenario: It's July in Dallas-Fort Worth. Temperatures have exceeded 100°F for twelve consecutive days. The North Texas Municipal Water District has declared **Stage 2 Drought Conditions**. Your HOA's meticulously maintained common areas—landscaping your board takes pride in—are showing stress. Bermuda grass is browning. Shrubs are wilting. Then the violations start. Homeowners in your community begin receiving violation notices for "failure to maintain green lawns." The HOA's landscape committee demands lush, irrigated turf despite the drought. Fines are threatened. Tempers flare. **Here's the problem:** Your HOA may be violating **Texas Property Code 202.007**—a state law that specifically restricts HOAs from enforcing landscaping bylaws during drought conditions. This guide provides HOA board members, property managers, and community association leaders with the complete legal framework for navigating Texas landscaping mandates, drought stage compliance, and the statutory obligations that supersede your association's governing documents. --- ## Chapter 1: Understanding Texas Property Code 202.007 ### The Legislative Framework **Texas Property Code Chapter 202** governs the operation and authority of residential property owners' associations in Texas. **Section 202.007** specifically addresses landscaping and water use restrictions during drought conditions. **Statutory Text (Summary):** > "A property owners' association may not enforce a restrictive covenant that...prohibits a property owner from complying with water use restrictions imposed by the entity supplying water to the property...or from using drought-resistant landscaping or water-conserving natural turf." **In plain language:** When drought restrictions are active, your HOA **cannot** force homeowners to maintain green lawns or lush landscaping that violates water conservation mandates. ### What 202.007 Actually Prohibits **HOAs CANNOT (During Drought Stages):** | Prohibited Action | Legal Risk | Practical Example | |-------------------|------------|-------------------| | **Require green lawns** | Violation of 202.007 | Mandating irrigation to maintain Bermuda grass during Stage 2 | | **Fine brown/tan turf** | Unenforceable penalties | Issuing violation notices for dormant St. Augustine | | **Demand lush landscaping** | Statutory non-compliance | Requiring flower beds maintenance when watering is restricted | | **Block drought-resistant alternatives** | Direct 202.007 violation | Prohibiting xeriscaping or native plant installations | | **Require high-water turf** | Conflict with conservation | Mandating specific grass types unsuited to drought | **HOAs CAN (Regardless of Drought Stage):** - Require neat, maintained appearances (weeding, mowing dormant grass) - Set height standards (even dormant turf must be mowed) - Prohibit noxious weeds - Require erosion control - Enforce safety-related landscape maintenance ### Why This Matters for DFW HOAs **The North Texas Context:** Dallas-Fort Worth experiences **severe drought cycles** that trigger escalating water restrictions: - **2011-2015:** Extended drought caused Stage 3-4 restrictions across DFW - **2022-2023:** Multiple Stage 2 declarations - **Normal years:** 2-3 Stage 1 declarations **HOA Liability Exposure:** Boards that ignore 202.007 face: - **Civil liability** for improper fines and assessments - **Legal defense costs** (board may not be indemnified for statutory violations) - **Reputational damage** in community - **Member dissatisfaction** and potential board recall **Financial Implications:** - Fines levied in violation of 202.007 may be uncollectable - Legal challenges to assessments - Potential reimbursement of improperly collected fines --- ## Chapter 2: Drought Stages and HOA Obligations ### Understanding Texas Drought Stage Designations **Standard DFW Drought Stages:** | Stage | Trigger Conditions | Landscape Impact | HOA Enforcement Status | |-------|-------------------|------------------|----------------------| | **Stage 1** | 20% water supply shortage | Voluntary 10% reduction | **HOA rules enforceable** with voluntary compliance encouraged | | **Stage 2** | 30% shortage; mandatory restrictions | Limit irrigation to 2x/week | **202.007 ACTIVATED** - cannot require violations of restrictions | | **Stage 3** | 40% shortage; severe restrictions | Irrigation prohibited except drip/handheld | **202.007 FULL FORCE** - dormant turf expected | | **Stage 4** | 50%+ shortage; emergency conditions | All outdoor watering prohibited | **Complete suspension** of landscape maintenance requirements | **Critical Threshold: Stage 2** When your water provider (NTMWD, Dallas Water Utilities, or local municipal district) declares **Stage 2 Drought Response**, Texas Property Code 202.007 **immediately restricts** your HOA's enforcement authority. ### Current DFW Water Provider Drought Protocols **North Texas Municipal Water District (NTMWD):** - Serves: Plano, Frisco, McKinney, Richardson, 40+ member cities - Stage 2 trigger: Combined reservoir levels + pipeline capacity stress - Current status: Check [ntmwd.com](https://ntmwd.com) for current stage **Dallas Water Utilities:** - Serves: Dallas, parts of Dallas County - Stage 2 trigger: Reservoir capacity below 35% - Current status: Check [dallascityhall.com](https://dallascityhall.com) **Tarrant Regional Water District:** - Serves: Fort Worth, Arlington, surrounding areas - Stage 2 trigger: Similar reservoir-based metrics - Current status: Check [trwd.com](https://trwd.com) **Action Item for Boards:** - Identify your water provider - Subscribe to drought stage notifications - Post current stage in board meeting minutes - Communicate stage to membership ### Stage-Specific HOA Policy Requirements **Stage 1: Preparation Mode** HOA Actions Required: - [ ] Notify membership of voluntary reduction request - [ ] Review governing documents for landscape compliance standards - [ ] Prepare Stage 2 policy amendments - [ ] Educate landscape committee on 202.007 requirements Enforcement Status: **Normal operations continue** **Stage 2: Compliance Mode (202.007 Active)** HOA Actions Required: - [ ] **Immediately suspend** any rules requiring irrigation - [ ] Notify membership of policy suspension - [ ] Inform violation committee of 202.007 restrictions - [ ] Document policy suspension in board minutes - [ ] Revise violation review procedures Enforcement Status: **CANNOT enforce rules requiring water use** **Stage 3: Severe Restriction Mode** HOA Actions Required: - [ ] Acknowledge complete landscape maintenance suspension for turf - [ ] Shift focus to "neat and tidy" standards only - [ ] Permit native/drought-resistant landscaping installations - [ ] Suspend all irrigation-related violations Enforcement Status: **Dormant turf is legally protected** **Stage 4: Emergency Mode** HOA Actions Required: - [ ] Suspend ALL landscape appearance requirements except safety - [ ] Document emergency policy suspension - [ ] Focus solely on erosion and hazard prevention - [ ] Plan for post-drought recovery Enforcement Status: **Emergency overrides normal operations** --- ## Chapter 3: The Complete HOA Compliance Checklist ### Board Policy Documentation **Required Policy Updates:** **1. Landscape Maintenance Policy Amendment** ``` AMENDMENT TO LANDSCAPE MAINTENANCE POLICY Effective [Date], the following provisions are added to Section [X] of the Association's Landscape Standards: A. Drought Compliance Clause During any stage of drought restrictions imposed by [Water Provider Name], all requirements for green turf, lush landscaping, or regular irrigation are suspended. Property owners may allow turf to enter dormancy without violation. B. Water-Use Restriction Clause No owner shall be required to violate mandatory water use restrictions imposed by governmental entities to maintain landscape compliance. C. Drought-Resistant Alternative Clause Owners may install drought-resistant landscaping, native plants, or water-conserving turf without architectural violation, provided installations are neat and properly maintained. ``` **2. Violation Committee Procedures** Update violation review checklist: | Violation Type | Stage 1 | Stage 2+ | Action Required | |----------------|---------|----------|-----------------| | Brown turf | Enforceable | **SUSPEND** | Check drought stage before issuing | | Overgrown grass | Enforceable | Enforceable | Mowing still required | | Weed infestations | Enforceable | Enforceable | Non-water-dependent | | Irrigation during restricted hours | Enforceable | Enforceable | Compliance with restrictions | | Dead plants | Enforceable | Review | Determine cause (drought vs. neglect) | | Removal of turf for xeriscaping | Case-by-case | **PERMIT** | 202.007 allows drought-resistant alternatives | **3. Architectural Review Modifications** **Fast-Track Approvals for Drought Response:** - Native plant installations - Xeriscaping designs - Artificial turf (verify deed restriction status) - Drip irrigation conversions - Rain barrel/cistern installations ### Communication Templates **Stage 2 Activation Notice to Membership:** ``` IMPORTANT: Drought Stage 2 - Landscape Policy Update Dear [Community Name] Residents, [Water Provider] has declared Stage 2 Drought Response effective [Date]. Under Texas Property Code 202.007, our HOA immediately suspends any landscape requirements that would require you to violate water use restrictions. WHAT THIS MEANS: ✓ You may allow your lawn to go dormant (brown) without violation ✓ You are not required to irrigate during restricted periods ✓ You may install drought-resistant landscaping without penalty WHAT STILL APPLIES: ✗ Grass must still be mowed (even if dormant) ✗ Weeds must be controlled ✗ Safety hazards must be addressed Questions? Contact [Board Member/Property Manager] [Association Name] Board of Directors ``` **Violation Committee Training Memo:** ``` MEMORANDUM TO: Landscape Violation Committee FROM: Board President RE: Texas Property Code 202.007 Compliance Effective immediately, all violation reviews must include drought stage verification: 1. Check current drought stage at [Water Provider Website] 2. If Stage 2 or higher: SUSPEND all irrigation-related violations 3. Document stage in violation log 4. When in doubt, escalate to board REMINDER: 202.007 is state law. Non-compliance exposes the association and board members to liability. ``` ### Document Retention Requirements **Maintain Records For:** - Drought stage declarations (water provider documentation) - Board meeting minutes showing policy suspension - Violation committee logs with stage annotations - Member communications regarding drought policies - Legal consultation records (if obtained) **Retention Period:** Minimum 7 years (statute of limitations consideration) --- ## Chapter 4: Legal Risk Management for Boards ### Director and Officer Liability **Texas Law on HOA Board Liability:** Under **Texas Property Code Section 204.006**, board members generally have immunity for actions taken in good faith within the scope of their authority. **However:** - Statutory violations may not be covered - Willful ignorance of 202.007 is not "good faith" - D&O insurance may exclude intentional non-compliance **Risk Mitigation Strategies:** **1. Education Requirement** - Annual board training on 202.007 - New member orientation including drought compliance - Document attendance at training sessions **2. Legal Consultation** - Retain HOA attorney for policy review - Seek written opinion on 202.007 compliance - Budget for legal consultation in reserve **3. Insurance Verification** - Confirm D&O coverage includes statutory compliance - Review policy exclusions - Consider additional coverage if gaps exist **4. Documentation Discipline** - Minute all drought-related decisions - Record stage declarations in meeting records - Log all suspended violations with dates ### Common Legal Mistakes DFW HOAs Make **Mistake #1: Ignoring Stage Changes** - Continuing normal enforcement during Stage 2+ - Not monitoring drought stage status - Outdated policy documents **Mitigation:** Assign board member responsibility for drought stage monitoring **Mistake #2: Selective Enforcement** - Enforcing against some owners but not others - "Making examples" during drought - Inconsistent application of 202.007 **Mitigation:** Written enforcement protocols with stage-based decision trees **Mistake #3: Inadequate Communication** - Not notifying members of policy changes - Assuming owners understand 202.007 - Violation notices without stage context **Mitigation:** Proactive member communication at each stage change **Mistake #4: Blocking Drought-Resistant Alternatives** - Rejecting native plant installations - Prohibiting xeriscaping - Maintaining "grass only" policies during drought **Mitigation:** Pre-approve drought-resistant landscaping designs ### When to Seek Legal Counsel **Consult HOA Attorney When:** - Governing documents conflict with 202.007 - Member challenges drought-related enforcement - Board considering fines during Stage 2+ - Amending CC&Rs or bylaws - Insurance coverage questions arise **Questions for Legal Consultation:** 1. Are our current governing documents 202.007-compliant? 2. What liability exposure exists for past violations? 3. What policy amendments are recommended? 4. How do we handle deed restrictions that appear to conflict? 5. What's the proper procedure for suspending enforcement? --- ## Chapter 5: Practical Implementation for DFW Communities ### Sample Drought Response Policy **MODEL POLICY: Drought Stage Landscaping Compliance** ``` [COMMUNITY NAME] DROUGHT RESPONSE LANDSCAPE POLICY Adopted: [Date] SECTION 1: PURPOSE This policy implements Texas Property Code 202.007 requirements and establishes association procedures during drought conditions. SECTION 2: DROUGHT STAGE DEFINITIONS Stages follow [Water Provider Name] declarations: - Stage 1: Voluntary conservation - Stage 2: Mandatory restrictions - 202.007 ACTIVE - Stage 3: Severe restrictions - Stage 4: Emergency conditions SECTION 3: ENFORCEMENT SUSPENSION MATRIX Stage 1: Normal enforcement Stage 2: SUSPEND all irrigation-related requirements Stage 3: SUSPEND turf appearance requirements; maintain safety standards Stage 4: SUSPEND all appearance requirements; safety only SECTION 4: APPROVED DROUGHT-RESISTANT ALTERNATIVES Fast-track architectural approval for: - Native Texas plants (Texas Sage, Lantana, Salvias) - Xeriscaping designs - Drip irrigation systems - Permeable hardscaping SECTION 5: MEMBER COMMUNICATION Board shall notify membership within 7 days of stage declaration. Violations committee shall verify stage before issuing citations. SECTION 6: POLICY REVIEW Annual review by board; amendment by majority vote. ``` ### Budget Implications **Drought Impact on HOA Finances:** **Common Area Landscaping:** - Stage 2+: Reduced irrigation costs (savings) - Stage 3+: Possible turf replacement costs post-drought - Budget consideration: Reserve for drought recovery **Enforcement Costs:** - Stage 2+: Reduced violation processing (fewer enforceable issues) - Stage 3+: Minimal enforcement activity - Legal consultation: Budget $500-$2,000 for policy review **Long-Term Planning:** - Drought-resistant common area conversion - Smart irrigation system upgrades - Native plant installation ROI (3-5 year payback) ### Community Engagement Strategies **Build Support for Compliance:** **1. Education Campaigns** - Host drought landscaping workshops - Distribute native plant guides - Share 202.007 summary with members **2. Incentive Programs** - Rebates for xeriscaping conversions - Recognition for water-wise yards - Group purchasing for drought-resistant plants **3. Communication Channels** - Community newsletter drought updates - Website drought stage indicator - Email alerts at stage changes - Social media reminders **4. Landscape Committee Partnership** - Train committee on 202.007 - Develop water-wise design guidelines - Create neighbor education materials --- ## Chapter 6: Case Studies—DFW HOA Drought Compliance ### Case Study 1: Plano Master-Planned Community **Situation:** - 800-home master-planned community - Aggressive landscape enforcement historically - 2021 drought hit Stage 2 in July **Challenge:** Violation committee had issued 47 "brown lawn" notices in June. Board realized 202.007 exposure after member complaint. **Resolution:** 1. Immediate suspension of all irrigation-related violations 2. Retracted June notices (legal counsel advised) 3. Policy amendment adopted within 30 days 4. Member communication campaign launched 5. Annual training implemented **Outcome:** - No legal action taken by members - Community maintained harmony during extended drought - Board established compliance protocols for future stages ### Case Study 2: Frisco HOA—Proactive Approach **Situation:** - 250-home community in Frisco - Board became aware of 202.007 in 2020 **Proactive Measures:** 1. Pre-drafted policy amendments 2. Board training completed annually 3. Water provider notification subscription 4. Fast-track native plant approval process **When 2023 Drought Hit:** - Board activated policy within 48 hours of Stage 2 declaration - Members received immediate notification - Zero violation disputes - Community actually improved relations through transparent handling **Lesson:** Preparation prevents problems ### Case Study 3: Dallas Urban Townhome Association **Situation:** - 120-unit townhome community - Minimal common area landscaping (owner-maintained front yards) - Deed restrictions required "green lawn" maintenance **Challenge:** Deed restrictions appeared to conflict with 202.007. Board uncertain about enforcement authority vs. statutory compliance. **Resolution:** 1. Legal consultation obtained 2. Opinion: 202.007 supersedes deed restrictions during drought 3. Policy interpretation memo issued 4. Deed restriction amendment proposed (long-term solution) **Outcome:** - Board understood hierarchy of authority (state law > deed restrictions) - Short-term policy compliance achieved - Long-term amendment process initiated --- ## Chapter 7: FAQ for DFW HOA Board Members **Q: Can our HOA still require mowing during drought?** A: Yes. 202.007 does not prohibit maintenance requirements that don't require water. Dormant grass still requires mowing. **Q: What if our CC&Rs specifically require "green lawns"?** A: Texas Property Code 202.007 supersedes CC&Rs during drought restrictions. "Green lawn" requirements are unenforceable during Stage 2+. **Q: Can we fine owners who installed xeriscaping without approval?** A: During Stage 2+, 202.007 protects owners' right to install drought-resistant landscaping. However, non-drought periods may require retroactive architectural approval. **Q: Do we have to allow artificial turf?** A: 202.007 doesn't specifically address artificial turf. Check your governing documents—some HOAs prohibit artificial turf regardless of drought. **Q: What about newly installed landscaping?** A: New plantings typically require irrigation for establishment. Some water providers exempt new landscaping from restrictions for 30-60 days. Verify with your water provider. **Q: Can we require owners to install drought-resistant landscaping?** A: Generally, no—202.007 protects owner's choice. However, you can incentivize through rebates, recognition, or modify architectural guidelines to encourage water-wise choices. **Q: What happens if we violate 202.007?** A: Potential civil liability, uncollectable fines, legal defense costs, and board member exposure. Documented good faith compliance efforts provide protection. **Q: How do we handle members who don't know about 202.007?** A: Proactive communication is key. Don't rely on members to know the law—educate them through newsletters, meetings, and direct communication. **Q: Can we enforce landscape requirements against rental properties?** A: 202.007 applies to all properties regardless of owner occupancy. Tenants should be informed by landlords, but HOA must comply with statute. **Q: What if our water provider doesn't use the standard stage system?** A: 202.007 applies to any "water use restrictions imposed by the entity supplying water." Follow your specific provider's restrictions regardless of terminology. --- ## Conclusion: Your 202.007 Compliance Action Plan ### Immediate Actions (This Week) - [ ] Identify your community's water provider - [ ] Check current drought stage status - [ ] Review current landscape enforcement policies - [ ] Identify any 202.007 conflicts in current practices ### Short-Term Actions (This Month) - [ ] Draft drought response policy amendment - [ ] Schedule board education session on 202.007 - [ ] Prepare member communication templates - [ ] Review D&O insurance coverage ### Medium-Term Actions (This Quarter) - [ ] Formal policy adoption by board vote - [ ] Violation committee training - [ ] Member communication campaign - [ ] Architectural review process updates - [ ] Consider legal consultation for document review ### Ongoing Compliance - [ ] Monthly drought stage monitoring - [ ] Annual board training refreshers - [ ] Policy review at each board turnover - [ ] Community education events ### Final Board Responsibilities **As a DFW HOA board member, you must:** 1. **Know the law:** Texas Property Code 202.007 is binding on your association 2. **Monitor conditions:** Track drought stages from your water provider 3. **Act promptly:** Suspend conflicting enforcement when stages activate 4. **Communicate clearly:** Inform members of policy changes 5. **Document decisions:** Maintain records of compliance efforts 6. **Seek guidance:** Consult legal counsel when uncertain **The Bottom Line:** Texas Property Code 202.007 isn't an inconvenience—it's a **liability protection tool** for HOAs. By following this guide, your board maintains compliance, protects the association from legal risk, and navigates drought periods with transparency and fairness. The most successful DFW HOAs during drought aren't those with the greenest lawns—they're those with the clearest policies and best member communication. --- ## Resources and References ### Official Sources **Texas Property Code Chapter 202:** - [Texas Legislature Online](https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm) **DFW Water Providers:** - North Texas Municipal Water District: [ntmwd.com](https://ntmwd.com) - Dallas Water Utilities: [dallascityhall.com/dwu](https://dallascityhall.com/dwu) - Tarrant Regional Water District: [trwd.com](https://trwd.com) ### Legal Resources - Community Associations Institute (CAI) - Texas Chapter - Texas Association of Realtors - HOA Resources - Local HOA attorneys (retain for document review) ### Drought Landscaping Resources **From Sandoval Landscaping:** - [The Complete Guide to Foundation Protection in Dallas-Fort Worth](/foundation-protection-dfw-black-gumbo-clay/) - [Smart Irrigation Rebates: Plano 2026 Application Guide](/smart-irrigation-rebates-plano/) - [Drought-Tolerant Native Plants for Commercial Properties](/drought-tolerant-native-plants-commercial/) **External Resources:** - Texas A&M AgriLife Extension: Drought-Tolerant Landscaping - Native Plant Society of Texas - WaterIsAwesome.com (NTMWD conservation resource) --- *Last Updated: February 2026* *This guide is for informational purposes and does not constitute legal advice. Consult your HOA attorney for specific legal questions.* **Sandoval Landscaping** Commercial Landscaping Compliance Specialists Dallas-Fort Worth, Texas *Serving HOA boards, property managers, and commercial facilities with regulatory expertise since 2015*