HOA Landscaping Rules Maryland 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 tear out the pollinator bed and lay sod. But Maryland passed one of the strongest homeowner-landscaping laws in the country, and most homeowners have never heard of it. State law overrides certain covenant provisions, regardless of when your HOA's documents were recorded.

This page covers the specific landscaping rules that Maryland 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

"Unreasonable limitations" is defined to include restrictions that significantly increase the cost of low-impact landscaping or decrease its efficiency, as well as any rule requiring turf grass. That is a broad protection: it reaches not just outright bans but also rules designed to make a native or pollinator garden impractical.

Specific rules with legal limits

Requiring turf grass

If your covenants say your yard must be turf grass, that requirement is unenforceable under §2-119. The statute names turf-grass mandates directly as the kind of unreasonable limitation it prohibits. This is the clearest case in the law.

Banning pollinator gardens or rain gardens

Pollinator gardens and rain gardens are named examples of protected low-impact landscaping. A covenant that prohibits them, or treats a maintained pollinator bed as a violation, runs into §2-119 directly.

Unreasonable limits on xeriscaping

Xeriscaping is also a named technique. An HOA cannot impose conditions that significantly raise the cost or reduce the efficiency of a xeriscape conversion, because that is the definition of an unreasonable limitation under the statute.

Rules that make low-impact landscaping impractical

Because the law reaches limitations that "significantly increase the cost or decrease the efficiency" of low-impact landscaping, an HOA cannot use indirect rules, such as requiring expensive materials or designs only turf could avoid, to make a native conversion unworkable. The substance of the rule matters, not just its label.

Covenants recorded before 2021

Section 2-119 applies regardless of when your covenants were recorded. If your documents predate the law and include a provision requiring turf grass or banning 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, and it specifically conditions the protection on the homeowner maintaining the landscaping. Your HOA can still enforce:

• Regular maintenance of the low-impact landscaping (the statute requires the owner to tend it)
• General neatness standards (no dead plants, no overgrown or weedy areas)
• Reasonable aesthetic and design 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, Maryland and several counties offer rebates and credits that help pay for rain gardens and conservation landscaping. See current Maryland 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 §2-119.
2. 2Cite §2-119 politely and in writing.A short written response noting that your landscaping is low-impact and protected under Maryland Real Property §2-119 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.The statute protects low-impact landscaping only when the owner maintains it. Clean edges, mulched beds, and upright, cared-for plants both satisfy the law 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 §2-119 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 Maryland 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 Maryland?

Under Maryland Real Property §2-119 (HB 322, 2021), HOAs cannot require turf grass, ban pollinator gardens or rain gardens, or place unreasonable limitations, including cost or efficiency burdens, on low-impact landscaping such as xeriscaping.

Can a Maryland HOA require a turf grass lawn?

No. Section 2-119 specifically bars a requirement that cultivated vegetation consist in whole or in part of turf grass. A covenant mandating a grass lawn is unenforceable under the low-impact landscaping law.

Does Maryland protect pollinator gardens from HOAs?

Yes. Pollinator gardens and rain gardens are named examples of low-impact landscaping protected by §2-119. An HOA cannot prohibit a maintained pollinator garden, though it can require that you keep it tended.

What is Maryland HB 322?

HB 322 (2021) is Maryland's low-impact landscaping law, enacted as Chapter 368 and codified at Real Property §2-119, effective October 1, 2021. It prohibits HOAs from imposing unreasonable limitations on low-impact landscaping or requiring turf grass.

Does the law apply to covenants written before 2021?

Yes. Real Property §2-119 applies regardless of when your covenants were recorded. A pre-2021 provision that requires turf grass or bans low-impact landscaping is unenforceable, because state law overrides the older document.