HOA Landscaping Rules Maine Homeowners Don't Have to Follow

An HOA letter can feel final. It cites a line in your covenants and it seems like the only option is to replace the pollinator bed with grass. But Maine passed a low-impact landscaping protection in 2023, with unanimous votes in both chambers, and most homeowners have never heard of it. State law overrides certain covenant provisions, regardless of when your association's documents were recorded.

This page covers the specific landscaping rules that Maine law limits or prohibits. It is not an invitation to fight your HOA. Most of these situations resolve without conflict once homeowners understand what the statute actually says.

The law that matters most

Specific rules with legal limits

Prohibiting low-impact landscaping

A covenant that prohibits low-impact landscaping is unenforceable under LD 649. This is the clearest case in the law, and it is the foundation the rest of the protections build on.

Banning pollinator or wildlife gardens

Gardens designed to attract wildlife and pollinators are named examples of protected low-impact landscaping. A rule that treats a maintained pollinator garden as a violation runs into the statute directly.

Requiring a conventional lawn

Because the law protects water-conserving, low-maintenance landscaping, an association cannot require that a yard be a conventional turf lawn to the exclusion of low-impact alternatives. The point of the law is to make those alternatives available.

Covenants recorded before 2023

The protection applies regardless of when your covenants were recorded. If your documents predate the law and prohibit low-impact landscaping, that provision is unenforceable. State law overrides the older document.

What your HOA can still require

The statute protects low-impact landscaping. It does not remove HOA oversight. Your HOA can still enforce:

• General maintenance standards (no dead plants, no overgrown or weedy areas)
• Reasonable aesthetic and design review
• Pre-approval for landscaping changes through architectural review
• Edging, borders, and clean separation between beds and hardscape
• Plant height limits near sidewalks, streets, or sight lines
• Setback requirements from property lines

The distinction matters. Your HOA can require your pollinator garden to look tended and intentional. It cannot require that you replace it with a lawn.

On top of that, Maine soil and water conservation programs and some municipal stormwater credits help fund rain gardens and conservation landscaping. See current Maine rebate programs before you start planning.

How to respond when cited for an unenforceable rule

Most situations like this resolve before they become a real dispute. Four steps, in order:

1. 1Ask for the rule in writing.Request the specific covenant section your HOA is citing. Vague verbal warnings are not violations. With the exact provision in hand, you can check whether it conflicts with the low-impact landscaping law.
2. 2Cite LD 649 politely and in writing.A short written response noting that your planting is low-impact landscaping protected under Maine's 2023 low-impact landscaping law puts your position on record. Many boards are unaware of the law and back down once it is cited directly.
3. 3Submit a plan proactively.If you are planning a conversion and your HOA requires pre-approval, submitting a detailed plan first removes most friction. A plant list, simple layout, and maintenance schedule gives the committee something to approve rather than question. See our HOA landscape plan template.
4. 4Keep the garden tended.HOAs have more room to push back when a yard looks neglected. Clean edges, mulched beds, and upright, cared-for plants both satisfy reasonable maintenance standards and reduce the visual ammunition for complaints. Our guide on responding to HOA violation letters covers the full approach.

When to involve a lawyer

Most of these situations do not require legal help. Consider talking to an attorney if:

• Your HOA is fining you after you have cited the low-impact landscaping law in writing
• They are threatening a lien on your property
• You submitted a plan, addressed maintenance concerns, and they are still rejecting it without citing a specific enforceable provision

A Maine real estate attorney who handles HOA disputes can usually resolve this with one letter. It is worth one consultation before assuming you have to comply.

People also ask

What HOA landscaping rules are unenforceable in Maine?

Under Maine's low-impact landscaping law (LD 649, 2023), homeowner and condominium associations cannot prohibit low-impact landscaping, including pollinator and wildlife gardens and other water-conserving, low-maintenance plantings.

Does Maine protect pollinator gardens from HOAs?

Yes. Gardens designed to attract wildlife and pollinators are named examples of low-impact landscaping protected by LD 649. An HOA cannot prohibit a maintained pollinator garden, though it can require that you keep it tended.

Does Maine's law cover condominiums too?

Yes. LD 649 applies to both homeowner associations and condominium associations, so condo owners in Maine have the same low-impact landscaping protection as HOA homeowners.

Does the law apply to covenants written before 2023?

Yes. The protection applies regardless of when your covenants were recorded. An older provision that prohibits low-impact landscaping is unenforceable, because state law overrides the older document.