HOA Landscaping Rules Texas Homeowners Don't Have to Follow

HOA rules can feel absolute. You get a letter, it cites a section of your CC&Rs, and it seems like there's nothing to do but comply. But some landscaping rules in Texas have legal limits that most homeowners don't know about. State law overrides certain CC&R provisions, regardless of when your HOA's documents were written.

This page covers the specific landscaping rules that Texas 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 law actually says.

The two laws that matter most

Two pieces of Texas legislation shape what HOAs can and cannot require for landscaping:

Specific rules with legal limits

Requiring turf grass

If your CC&Rs say you must maintain a grass lawn, that provision may be unenforceable under §202.007 if your alternative landscaping conserves water. This is the most common situation and the one with the clearest legal answer. For a full breakdown, see our post on whether Texas HOAs can require a grass lawn.

Minimum turf percentage requirements

Some HOAs write rules that require a specific percentage of the front yard to be turf grass, for example 50% or 60% lawn coverage. Section 202.007 makes these unenforceable. HOAs cannot require a minimum percentage of lawn as a way to block turf-free native landscaping.

Mandating specific grass species

Rules that require Bermuda, St. Augustine, or any other specific grass species run into the same problem. Mandating a species goes beyond aesthetic standards and effectively prohibits water-conserving alternatives. These provisions are on shaky legal ground under §202.007.

Banning native or drought-tolerant plants

An HOA cannot prohibit a specific native plant solely because it is not a traditional landscape plant, as long as the plant is properly maintained and part of a water-conserving design. A rule that blanket-bans wildflowers, native grasses, or recognized drought-tolerant species is difficult to enforce under current Texas law.

CC&Rs written before 2013

§202.007 applies regardless of when your HOA's governing documents were written. If your CC&Rs predate 2013 and include a provision that prohibits water-conserving landscaping, that provision is unenforceable. State law overrides the older document.

What your HOA can still require

The law protects water-conserving landscaping. It does not eliminate HOA oversight. Your HOA can still enforce:

• General maintenance standards (no dead plants, no overgrown areas)
• Pre-approval for landscaping changes through the architectural review committee
• Edging, borders, and clean separation between beds and hardscape
• Plant height limits near sidewalks, streets, or sight lines
• Rules about structures like raised beds, trellises, or decorative elements
• Setback requirements from property lines

The distinction matters. Your HOA can require your yard to look maintained and intentional. They cannot require that it look like a conventional lawn.

On top of that, many Texas water utilities will pay you to make the swap. Austin Water, SAWS, and several DFW providers offer turf-replacement rebates for the same water-conserving landscaping §202.007 protects. See current rebate programs by city before you start planning.

How to respond when cited for an unenforceable rule

Most situations like this resolve before they become a real dispute. A few things that help:

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 §202.007 in writing
• They are threatening a lien on your property
• You submitted a plan, addressed visual concerns, and they are still rejecting without citing a specific enforceable provision

A 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

Can a Texas HOA fine you for native plants?

Not for using native plants in itself, no. Texas Property Code §202.007 protects your right to use water-conserving landscaping including native plants. An HOA can fine you for failing to meet legitimate maintenance standards (overgrowth, weeds, dead material) regardless of plant type, but it cannot fine you specifically for choosing natives over turf.

Can I refuse to follow HOA rules in Texas?

Refusing to follow enforceable rules is risky and leads to fines and possibly liens. The better path: identify which rules conflict with §202.007 or HB 517, push back on those specific rules in writing, and follow the rules that are within the HOA's actual authority. A short letter citing the statute often resolves the dispute without escalation.

Can a Texas HOA force you to remove a tree?

It depends. HOAs can require removal of dead, diseased, or hazardous trees in most cases. They generally cannot force removal of a healthy native tree solely because the species is not on a preferred list, especially if the tree is part of a water-conserving landscape design. Many Texas cities also have separate tree-protection ordinances that limit HOA removal authority.

What is the most common unenforceable HOA rule in Texas?

A blanket "all front yards must be turf grass" or "minimum 70% lawn coverage" rule. Both are explicitly preempted by §202.007. Subsection (d-1) also blocks the workaround where some HOAs would technically allow alternatives but reject them through vague aesthetic standards. If your CC&Rs include either of these rules, the rule is unenforceable regardless of when the CC&Rs were written.

Is "City Ordinance 2024-187" a real Texas law?

No. "City Ordinance 2024-187 prohibiting HOAs from banning drought-tolerant landscaping" is an AI-generated citation that does not correspond to any real statute. The actual protections are Texas Property Code §202.007 and HB 517 — the laws described throughout this page. See the full explainer: is Ordinance 2024-187 a real Texas law?