Xeriscaping: 25% turf requirement

Started by BillD16 • 18 replies • 500 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

BillD16 (Texas)
Posts: 974

Posted:

Our HOA / ARC allows for xeriscaping, but they have a hard requirement that front yard xeriscaping must still contain at least 25% turf grass by area.

Any thoughts or experience with such a thing? I plan to ask my ARC about it, but I'm curious if any of you have ever seen such a requirement? Are there any advantages / disadvantages to it? A couple of residents have asked me about it, and I found myself responding "I have no idea". We've got water restrictions and also it sure seems like it's getting warmer these past couple of years; essentially, I'm wondering if the 25% turf requirement should go away? Or - will we all regret it? Maybe not today. Maybe not tomorrow, but soon and for the rest of our lives?

Thank you,

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

MaxB4
Posts: 3,513

Posted:

And when do HOA's ever operate using common sense?

MaxB4
Posts: 3,513

Posted:

A lawyer in Texas buys "boilerplate" governing docs from a law firm in Seattle, WA, where it rains over 150 days a year. Think landscape requirement might be completely different in the two regions.

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By BillD16 on 05/19/2022 3:00 PM
Our HOA / ARC allows for xeriscaping, but they have a hard requirement that front yard xeriscaping must still contain at least 25% turf grass by area.

BillD

I do not think you can do that. Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. might make that void.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By RogerJ1 on 05/19/2022 4:57 PM

Posted By BillD16 on 05/19/2022 3:00 PM
Our HOA / ARC allows for xeriscaping, but they have a hard requirement that front yard xeriscaping must still contain at least 25% turf grass by area.

I do not think you can do that. Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. might make that void.

It looks to me like RogerJ1 nailed it. Per TPC 202.007, I think the 25% turf grass requirement is void.

LetA (Nevada)
Posts: 2,679

Posted:

What kind of turf grass are they asking for? real grass or or fake grass?

RogerJ1 (Texas)
Posts: 550

Posted:

Quote:

Posted By AugustinD on 05/19/2022 5:02 PM

Posted By RogerJ1 on 05/19/2022 4:57 PM

Posted By BillD16 on 05/19/2022 3:00 PM
Our HOA / ARC allows for xeriscaping, but they have a hard requirement that front yard xeriscaping must still contain at least 25% turf grass by area.

I do not think you can do that. Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. might make that void.

It looks to me like RogerJ1 nailed it. Per TPC 202.007, I think the 25% turf grass requirement is void.

Looks like an HOA can dictate type of turf but not how much of the yard would have to be turf, if any.

SheliaH (Indiana)
Posts: 6,964

Posted:

Xeriscaping is still evolving in a lot of communities, so it may be the documents will have to be updated to reflect current information. I don't know if that requirement was part of the original documents, but depending on how old your community is, it's possible someone wrote 25% because that made sense at the time.

However, 25% in one yard might make sense and look ok,but a hot mess in another, depending on how it's designed and what sort of rocks and p!ants are used. And people are still used to the image of a lush green lawn that looks like what you see on a golf course.

I suggest board should find a landscaping company with extensive experience in Xeriscaping and have it survey the community and make recommendations on what may or may not work. If the goal is to save water, especially with water restrictions, the company could make a presentation at a special homeowners meeting, where people can ask questions about what's required and the cost. From there, you can poll the community about the 25% requirements to see if the documents should be updated.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By AugustinD on 05/19/2022 5:02 PM

Posted By RogerJ1 on 05/19/2022 4:57 PM

Posted By BillD16 on 05/19/2022 3:00 PM
Our HOA / ARC allows for xeriscaping, but they have a hard requirement that front yard xeriscaping must still contain at least 25% turf grass by area.

I do not think you can do that. Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. might make that void.

It looks to me like RogerJ1 nailed it. Per TPC 202.007, I think the 25% turf grass requirement is void.

Really? Perhaps I'm a bit slow today, but - I'm not seeing that.

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. (a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:

(1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass;

(2) installing rain barrels or a rainwater harvesting system;

(3) implementing efficient irrigation systems, including underground drip or other drip systems; or

(4) using drought-resistant landscaping or water-conserving natural turf.

(b) A provision that violates Subsection (a) is void.

(c) A property owners' association may restrict the type of turf used by a property owner in the planting of new turf to encourage or require water-conserving turf.

(d) This section does not:

(1) restrict a property owners' association from regulating the requirements, including size, type, shielding, and materials, for or the location of a composting device if the restriction does not prohibit the economic installation of the device on the property owner's property where there is reasonably sufficient area to install the device;

(2) require a property owners' association to permit a device described by Subdivision (1) to be installed in or on property:

(A) owned by the property owners' association;

(B) owned in common by the members of the property owners' association; or

(C) in an area other than the fenced yard or patio of a property owner;

(3) prohibit a property owners' association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes;

(4) prohibit a property owners' association from regulating the installation or use of gravel, rocks, or cacti;

(5) restrict a property owners' association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation;

(6) require a property owners' association to permit a rain barrel or rainwater harvesting system to be installed in or on property if:

(A) the property is:

(i) owned by the property owners' association;

(ii) owned in common by the members of the property owners' association; or

(iii) located between the front of the property owner's home and an adjoining or adjacent street; or

(B) the barrel or system:

(i) is of a color other than a color consistent with the color scheme of the property owner's home; or

(ii) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured;

(7) restrict a property owners' association from regulating the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot, or a common area if:

(A) the restriction does not prohibit the economic installation of the device or appurtenance on the property owner's property; and

(B) there is a reasonably sufficient area on the property owner's property in which to install the device or appurtenance; or

(8) prohibit a property owners' association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners' association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision.

(d-1) A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.

(e) This section does not apply to a property owners' association that:

(1) is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located; and

(2) manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By LetA on 05/19/2022 5:06 PM
What kind of turf grass are they asking for? real grass or or fake grass?

They don't specify. At least one resident has used artificial turf on their lawn - and it was approved by the ACC. But in short: any Xeriscaping request requires a 'calculation page' that shows that the resulting yard will have >= 25% turf. I confess that when I submitted such a request a couple of years ago, I put a little time into it and devised the most dreadful and obscure way of calculating turf area that I could think of.

(For better or for worse, people in my neighborhood have embraced the notion that pretty much any external change needs to go past the ACC. I think this is largely because our previous PM screwed up on several well-publicized occasions, telling people "sure, go ahead, no problem!" - and then sending them a Violation letter 3 months later).

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By SheliaH on 05/20/2022 6:38 AM
Xeriscaping is still evolving in a lot of communities, so it may be the documents will have to be updated to reflect current information. ...
I suggest board should find a landscaping company with extensive experience in Xeriscaping and have it survey the community and make recommendations on what may or may not work. ...

This strikes me as a good idea. Although finding that "landscaping company with extensive experience" might be a challenge. This community was definitely *not* developed with xeriscaping in mind, and I suspect that the ACC is, frankly, less than good at envisioning how a proposed xeriscape plan will look in real life. Many homes were built with red / dark red brick that looks very natural with grass - but clashes badly with many common varieties of gravel.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

AugustinD
Posts: 3,698

Posted:

BillD16, What part of the excerpt from TPC 202.007 below makes you think your HOA can require 25% natural grass?

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
(a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:
...
(4) using drought-resistant landscaping or water-conserving natural turf.

(b) A provision that violates Subsection (a) is void.

...
(d) This section does not:
...
(5) restrict a property owners' association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation;

(8) prohibit a property owners' association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners' association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision.

(d-1) A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By AugustinD on 05/20/2022 12:20 PM
BillD16, What part of the excerpt from TPC 202.007 below makes you think your HOA can require 25% natural grass?

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
(a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:
...
(4) using drought-resistant landscaping or water-conserving natural turf.

(b) A provision that violates Subsection (a) is void.

...
(d) This section does not:
...
(5) restrict a property owners' association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation;

(8) prohibit a property owners' association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners' association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision.

(d-1) A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.

I guess I’m not seeing anything that says they *can’t* make it a requirement? (I’m not trying to be cute - I’m just not seeing it)(believe me, I’d love to see it!)

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

AugustinD
Posts: 3,698

Posted:

To repeat:

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
(a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:
...
(4) using drought-resistant landscaping or water-conserving natural turf.

IMO "drought resistant landscaping" includes landscaping that uses no natural grass. With the latter assumption, the statute section above says a HOA may not enforce a provision restricting a property owner from using no natural grass.

Requiring a minimum of 25% grass violates this statute section.

The statute section further goes on to say such a restriction is "void."

JustinT5 (Alabama)
Posts: 50

Posted:

yes society will regret misusing the earth's resources. history keeps repeating itself.
climate change is driving the scarcity of water. Time for people to make real changes that will keep the earth's environment in good condition around for my grandkids.

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By AugustinD on 05/20/2022 12:41 PM
To repeat:

Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED.
(a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:
...
(4) using drought-resistant landscaping or water-conserving natural turf.

IMO "drought resistant landscaping" includes landscaping that uses no natural grass. With the latter assumption, the statute section above says a HOA may not enforce a provision restricting a property owner from using no natural grass.

Requiring a minimum of 25% grass violates this statute section.

The statute section further goes on to say such a restriction is "void."

Hmm … thank you, I see what you’re getting at. I’m … not sure I’m convinced it’s the kind of slam/dunk where I can go to the ACC and make like Johnnie Cochran and leave them murmuring “It doesn’t fit! Gentlemen, we have no choice but to acquit!” amongst themselves. But if it comes down to it, I’ll ask our lawyer about it. (I’d really prefer for the ACC to remove the requirement because they think it’s a good idea).

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

AugustinD
Posts: 3,698

Posted:

I believe a lot with no natural grass is "drought resistant." Do you?

I believe a lot with no natural grass can be "landscaped"? Do you?

If the reader answers yes to both these questions, then I think the reader will agree the aforementioned TPC section prohibits a HOA from requiring a certain amount of natural grass.

BillD16 (Texas)
Posts: 974

Posted:

Quote:

Posted By AugustinD on 05/20/2022 1:18 PM
I believe a lot with no natural grass is "drought resistant." Do you?

I believe a lot with no natural grass can be "landscaped"? Do you?

If the reader answers yes to both these questions, then I think the reader will agree the aforementioned TPC section prohibits a HOA from requiring a certain amount of natural grass.

I’ve been thinking about it, and I understand your logic. But pragmatically, this is one of those things where, if someone doesn’t want to concede the point, they’ll just say that they disagree, or that they don’t see it. I’m reminded of an incident in college where I got into an argument with a roommate about how 1.0 = 0.999…

Having said that: I thank you and I (always) appreciate your input.

BillD

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By BillD16 on 05/20/2022 8:10 PM
But pragmatically, this is one of those things where, if someone doesn’t want to concede the point, they’ll just say that they disagree, or that they don’t see it.

I post for the archives (not you or anyone else per se). If people want to interject their ego into decision-making, this would hardly be a new practice.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here