HOA Landscaping Rights
HOA Native Plant and Xeriscape Laws by State
Most states with active water conservation programs have passed laws that limit what HOAs can prohibit. If your HOA is threatening fines for removing grass or planting natives, state law may be on your side.
What this covers: Whether your state has a statute, what your HOA can and cannot restrict, and how to frame a xeriscape or native plant project so it passes HOA review. This is educational context, not legal advice.
Key Takeaways
- Texas, California, Nevada, Colorado, and Arizona all have statutes that limit HOA authority over drought-tolerant or native plant landscaping.
- Pennsylvania, Illinois, and Maryland have native vegetation laws that protect registered native plant gardens from local ordinance enforcement — HOA application varies.
- In every state, HOAs retain the right to set reasonable maintenance and appearance standards. The law limits HOAs from requiring turf or banning xeriscape — not from requiring that landscaping look cared for.
- The strongest HOA cases combine state law with a formal rebate application from a water utility, which signals the project is planned and city-endorsed.
State Statute Guides
Texas
Texas Property Code §202.007
Texas Property Code §202.
California
California Civil Code §4735
California Civil Code §4735 prohibits HOAs from preventing homeowners from using drought-tolerant or low-water-use plants as a replacement for lawn, and voids any governing document provision that requires turf or restricts compliance with a local water-efficient landscape ordinance.
Nevada
NRS 116.330
Nevada Revised Statutes §116.
Colorado
Colorado Revised Statutes §38-33.3-106.5
Colorado Senate Bill 23-178 (2023) amended C.
Arizona
Arizona Revised Statutes §33-1819
Arizona has no broad statute equivalent to Texas §202.
Pennsylvania
No statewide HOA protection (as of 2026)
Pennsylvania does not currently have a statewide law that explicitly overrides HOA restrictions on native plant landscaping.
Illinois
Homeowner's Native Landscaping Act (765 ILCS 167/)
The Illinois Homeowner's Native Landscaping Act (765 ILCS 167/), effective July 19, 2024, bars community associations from completely prohibiting a resident from planting or growing Illinois native species.
Maryland
Maryland Real Property Article §2-125
Maryland Real Property Article §2-125 (enacted via HB 322, effective October 2021) prohibits property restrictions — including HOA rules and deed covenants — from imposing unreasonable limitations on low-impact landscaping.
Related Resources
- HOA-Approved Native Plants by State
Plants that work in HOA landscapes — native species selected for visual structure and neighborhood acceptance.
- Water Rebate Programs by State
Many states that protect xeriscape rights also offer $1–$5/sq ft to remove lawn. Having a rebate application strengthens your HOA case.
- State Laws for Native Plant Gardens (Full Overview)
Broader coverage including states without HOA-specific protections.