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Water-wise Landscaping In Homeowners' Association Communities

Concerning removing barriers to water-wise landscaping in common interest communities.
2023 Regular Session
Bill Summary

Under current law, a unit owners' association (association) of a common interest community may not prohibit the use of xeriscape, nonvegetative turf grass, or drought-tolerant vegetative landscapes to provide ground covering to property for which a unit owner is responsible. There is, however, an exception authorizing an association to adopt and enforce design or aesthetic guidelines or rules that apply to nonvegetative turf grass and drought-tolerant vegetative landscapes or to regulate the type, number, and placement of drought-tolerant plantings and hardscapes that may be installed on a unit owner's property, on a limited common element, or on other property for which the unit owner is responsible.

The bill states that an association's guidelines or rules must:

  • Not prohibit the use of nonvegetative turf grass in the backyard of a unit owner's property;
  • Not unreasonably require the use of hardscape on more than 20% of the landscaping area of a unit owner's property;
  • Allow a unit owner an option that consists of at least 80% drought-tolerant plantings; and
  • Not prohibit vegetable gardens in the front, back, or side yard of a unit owner's property.

The bill also requires an association to permit the installation of at least 3 garden designs that are preapproved by the association for installation in front yards within the common interest community. To be preapproved, a garden design must adhere to the principles of water-wise landscaping and emphasize drought-tolerant and native plants.

The bill allows a unit owner who is affected by an association's violation of the new requirements to bring a civil action to restrain further violation and to recover damages in an amount equal to actual damages plus $500, plus any other damages, costs, and reasonable attorney fees.

(Note: This summary applies to this bill as introduced.)


Under Consideration


Bill Text


Sponsor Type Legislators
Prime Sponsor

Sen. S. Jaquez Lewis, Sen. P. Will
Rep. K. McCormick


Sen. J. Marchman, Sen. K. Priola


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