Texas Property Code 202.007: The HOA Landscaping Compliance Guide for Board Members

Texas Property Code 202.007 prohibits HOAs from enforcing landscaping standards that conflict with municipal water restrictions, creating legal liability for non-compliant boards during drought conditions. Board members must understand these requirements to protect their associations from lawsuits, fines, and regulatory penalties.

Understanding Property Code 202.007

Section 202.007 establishes that municipal water conservation ordinances override private HOA landscaping bylaws during drought declarations.

Key provisions every board member must know:

• Restriction override: HOA landscaping requirements conflicting with municipal restrictions are unenforceable
• Stage-2 drought suspension: During Stage 2 drought, HOAs must suspend enforcement of bylaws requiring specific turf appearance standards
• No penalty for compliance: HOAs cannot fine or penalize homeowners who comply with water restrictions rather than HOA standards
• Reasonable alternatives: HOAs may establish water-wise standards that comply with both property code and drought restrictions

Board Liability for Non-Compliance

Boards that knowingly enforce standards violating Property Code 202.007 expose themselves to significant legal liability.

Potential consequences include:

• Civil penalties: Fines for violating state water conservation mandates
• Homeowner litigation: Legal action when rights are violated, with board members personally named
• D&O insurance claims: Directors and Officers policy complications from non-compliance
• Municipal enforcement: Local government intervention against non-compliant HOAs

Implementing Compliant Landscaping Standards

Audit Existing Bylaws

Review current landscaping restrictions for conflicts:

• "Lush green lawn" requirements
• Prohibitions on brown/dormant grass
• Mandates for specific grass heights during drought
• Bans on xeriscaping or native plantings

Develop Water-Wise Alternatives

Create compliant standards that maintain property values:

• Acceptable turf conditions: Define "well-maintained" to include properly managed dormant grass
• Native plant allowances: Explicitly permit Texas native and drought-tolerant landscaping
• Xeriscaping standards: Establish design guidelines for attractive water-wise landscapes
• Temporary variances: Create drought-specific exception processes

Communication Protocols

When drought declarations activate Property Code 202.007:

• Immediate email to all homeowners explaining changed enforcement
• Newsletter articles on water-wise landscaping options
• Community meeting with landscaping expert presenting alternatives
• Updated website documentation of current requirements

Working with Landscaping Partners

Professional landscaping vendors experienced with HOA compliance provide essential guidance:

• Regulatory requirement interpretation
• Water-wise landscape design
• Common area drought conversions
• Homeowner education presentations

Sandoval Landscaping partners with 20+ DFW HOA communities on compliance and water-wise transitions.

Documenting Compliance

Boards should maintain records of:

• Legal review of landscaping bylaws
• Communication with homeowners about drought adjustments
• Municipal restriction monitoring and response
• Vendor guidance and recommendations

This documentation protects boards if compliance questions arise.

Conclusion

Texas Property Code 202.007 isn't an obstacle—it's a framework for creating sustainable, legally compliant HOA landscaping that reduces costs while maintaining community standards. Proactive compliance protects boards and positions communities for drought resilience.

Learn more about HOA compliance: Commercial & HOA Compliance Guide