Hoa Compliance Texas

HOAs CAN (Regardless of Drought Stage):

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• Require neat, maintained appearances (weeding, mowing dormant grass)

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• Set height standards (even dormant turf must be mowed)

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• Prohibit noxious weeds

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• Require erosion control

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• Enforce safety-related landscape maintenance

Why This Matters for DFW HOAs The North Texas Context: Dallas-Fort Worth (DFW) experiences severe drought cycles that trigger escalating water restrictions:

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• 2011-2015: Extended drought caused Stage 3-4 restrictions across DFW

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• 2022-2023: Multiple Stage 2 declarations

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• 
  ormal years: 2-3 Stage 1 declarations HOA Liability Exposure: Boards that ignore 202.007 face:

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• Civil liability for improper fines and assessments

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• Legal defense costs (board may not be indemnified for statutory violations)

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• Reputational damage in community

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• Member dissatisfactio
  and potential board recall Financial Implications:

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• Fines levied in violation of 202.007 may be uncollectable

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• Legal challenges to assessments

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• Potential reimbursement of improperly collected fines

Chapter 2: Drought Stages and HOA Obligations

Understanding Texas Drought Stage Designations Standard DFW Drought Stages:

Critical Threshold: Stage 2 When your water provider (NTMWD, Dallas Water Utilities, or local municipal district) declares Stage 2 Drought Response, Texas Property Code 202.007 immediately restricts your HOA’s enforcement authority.

Current DFW Water Provider Drought Protocols
orth Texas Municipal Water District (NTMWD):

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• Serves: Plano, Frisco, McKinney, Richardson, 40+ member cities

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• Stage 2 trigger: Combined reservoir levels + pipeline capacity stress

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• Current status: Check
  tmwd. com for current stage Dallas Water Utilities:

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• Serves: Dallas, parts of Dallas County

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• Stage 2 trigger: Reservoir capacity below 35%

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• Current status: Check dallascityhall. com Tarrant Regional Water District:

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• Serves: Fort Worth, Arlington, surrounding areas

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• Stage 2 trigger: Similar reservoir-based metrics

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• Current status: Check trwd. com Action Item for Boards:

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• Identify your water provider

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• Subscribe to drought stage notifications

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• Post current stage in board meeting minutes

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• Communicate stage to membership

Stage-Specific HOA Policy Requirements Stage 1: Preparation Mode HOA Actions Required:

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• [ ] Notify membership of voluntary reduction request

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• [ ] Review governing documents for landscape compliance standards

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• [ ] Prepare Stage 2 policy amendments

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• [ ] Educate landscape committee on 202.007 requirements Enforcement Status:
  ormal operations continue Stage 2: Compliance Mode (202.007 Active) HOA Actions Required:

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• [ ] Immediately suspend any rules requiring irrigatio

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• [ ] Notify membership of policy suspensio

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• [ ] Inform violation committee of 202.007 restrictions

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• [ ] Document policy suspension in board minutes

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• [ ] Revise violation review procedures Enforcement Status: CANNOT enforce rules requiring water use Stage 3: Severe Restriction Mode HOA Actions Required:

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• [ ] Acknowledge complete landscape maintenance suspension for turf

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• [ ] Shift focus to “neat and tidy” standards only

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• [ ] Permit native/drought-resistant landscaping installations

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• [ ] Suspend all irrigation-related violations Enforcement Status: Dormant turf is legally protected Stage 4: Emergency Mode HOA Actions Required:

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• [ ] Suspend ALL landscape appearance requirements except safety

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• [ ] Document emergency policy suspensio

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• [ ] Focus solely on erosion and hazard preventio

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• [ ] Plan for post-drought recovery Enforcement Status: Emergency overrides normal operations

Chapter 3: The Complete HOA Compliance Checklist

Board Policy Documentation Required Policy Updates: 1. Landscape Maintenance Policy Amendment

AMENDMENT TO LANDSCAPE MAINTENANCE POLICY Effective [Date], the following provisions are added to Section [X] of the Association's Landscape Standards: A. Drought Compliance Clause During any stage of drought restrictions imposed by [Water Provider Name], all requirements for green turf, lush landscaping, or regular irrigation are suspended. Property owners may allow turf to enter dormancy without violation. B. Water-Use Restriction Clause No owner shall be required to violate mandatory water use restrictions imposed by governmental entities to maintain landscape compliance. C. Drought-Resistant Alternative Clause Owners may install drought-resistant landscaping, native plants, or water-conserving turf without architectural violation, provided installations are neat and properly maintained.

2. Violation Committee Procedures Update violation review checklist:

3. Architectural Review Modifications Fast-Track Approvals for Drought Response:

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• ative plant installations

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• Xeriscaping designs

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• Artificial turf (verify deed restriction status)

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• Drip irrigation conversions

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• Rain barrel/cistern installations

Communication Templates Stage 2 Activation Notice to Membership:

IMPORTANT: Drought Stage 2
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Landscape Policy Update Dear [Community Name] Residents, [Water Provider] has declared Stage 2 Drought Response effective [Date]. Under Texas Property Code 202.007, our HOA immediately suspends any landscape requirements that would require you to violate water use restrictions. WHAT THIS MEANS: ✓ You may allow your lawn to go dormant (brown) without violation ✓ You are not required to irrigate during restricted periods ✓ You may install drought-resistant landscaping without penalty WHAT STILL APPLIES: ✗ Grass must still be mowed (even if dormant) ✗ Weeds must be controlled ✗ Safety hazards must be addressed Questions? Contact [Board Member/Property Manager] [Association Name] Board of Directors

Violation Committee Training Memo:

MEMORANDUM TO: Landscape Violation Committee FROM: Board President RE: Texas Property Code 202.007 Compliance Effective immediately, all violation reviews must include drought stage verification:n
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Check current drought stage at [Water Provider Website]
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If Stage 2 or higher: SUSPEND all irrigation-related violations
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Document stage in violation log
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When in doubt, escalate to board REMINDER: 202.007 is state law. Non-compliance exposes the association and board members to liability.

Document Retention Requirements Maintain Records For:

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• Drought stage declarations (water provider documentation)

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• Board meeting minutes showing policy suspensio

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• Violation committee logs with stage annotations

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• Member communications regarding drought policies

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• Legal consultation records (if obtained) Retention Period: Minimum 7 years (statute of limitations consideration)

Chapter 4: Legal Risk Management for Boards

Director and Officer Liability Texas Law on HOA Board Liability: Under Texas Property Code Section 204. 006, board members generally have immunity for actions taken in high-quality faith within the scope of their authority. However:

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• Statutory violations may not be covered

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• Willful ignorance of 202.007 is not “high-quality faith”

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• D&O insurance may exclude intentional non-compliance Risk Mitigation Strategies: 1. Education Requirement

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• Annual board training on 202.007

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• ew member orientation including drought compliance

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• Document attendance at training sessions 2. Legal Consultatio
  

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• Retain HOA attorney for policy review

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• Seek written opinion on 202.007 compliance

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• Budget for legal consultation in reserve 3. Insurance Verificatio
  

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• Confirm D&O coverage includes statutory compliance

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• Review policy exclusions

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• Consider additional coverage if gaps exist 4. Documentation Discipline

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• Minute all drought-related decisions

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• Record stage declarations in meeting records

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• Log all suspended violations with dates

Common Legal Mistakes DFW HOAs Make Mistake #1: Ignoring Stage Changes

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• Continuing normal enforcement during Stage 2+

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• ot monitoring drought stage status

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• Outdated policy documents Mitigation: Assign board member responsibility for drought stage monitoring Mistake #2: Selective Enforcement

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• Enforcing against some owners but not others

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• “Making examples” during drought

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• Inconsistent application of 202.007 Mitigation: Written enforcement protocols with stage-based decision trees Mistake #3: Inadequate Communicatio
  

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• ot notifying members of policy changes

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• Assuming owners understand 202.007

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• Violation notices without stage context Mitigation: Proactive member communication at each stage change Mistake #4: Blocking Drought-Resistant Alternatives

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• Rejecting native plant installations

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• Prohibiting xeriscaping

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• Maintaining “grass only” policies during drought Mitigation: Pre-approve drought-resistant landscaping designs

When to Seek Legal Counsel Consult HOA Attorney When:

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• Governing documents conflict with 202.007

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• Member challenges drought-related enforcement

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• Board considering fines during Stage 2+

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• Amending CC&Rs or bylaws

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• Insurance coverage questions arise Questions for Legal Consultation:

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1. Are our current governing documents 202.007-compliant?

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2. What liability exposure exists for past violations?

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3. What policy amendments are recommended?

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4. How do we handle deed restrictions that appear to conflict?

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5. What’s the proper procedure for suspending enforcement?

Chapter 5: Practical Implementation for DFW Communities

Sample Drought Response Policy MODEL POLICY: Drought Stage Landscaping Compliance

[COMMUNITY NAME] DROUGHT RESPONSE LANDSCAPE POLICY Adopted: [Date] SECTION 1: PURPOSE This policy implements Texas Property Code 202.007 requirements and establishes association procedures during drought conditions. SECTION 2: DROUGHT STAGE DEFINITIONS Stages follow [Water Provider Name] declarations:n
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Stage 1: Voluntary conservatio
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Stage 2: Mandatory restrictions
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202.007 ACTIVE
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Stage 3: Severe restrictions
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Stage 4: Emergency conditions SECTION 3: ENFORCEMENT SUSPENSION MATRIX Stage 1: Normal enforcement Stage 2: SUSPEND all irrigation-related requirements Stage 3: SUSPEND turf appearance requirements; maintain safety standards Stage 4: SUSPEND all appearance requirements; safety only SECTION 4: APPROVED DROUGHT-RESISTANT ALTERNATIVES Fast-track architectural approval for:
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ative Texas plants (Texas Sage, Lantana, Salvias)
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Xeriscaping designs
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Drip irrigation systems
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Permeable hardscaping SECTION 5: MEMBER COMMUNICATION Board shall notify membership within 7 days of stage declaration. Violations committee shall verify stage before issuing citations. SECTION 6: POLICY REVIEW Annual review by board; amendment by majority vote.

Budget Implications Drought Impact on HOA Finances: Common Area Landscaping:

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• Stage 2+: Reduced irrigation costs (savings)

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• Stage 3+: Possible turf replacement costs post-drought

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• Budget consideration: Reserve for drought recovery Enforcement Costs:

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• Stage 2+: Reduced violation processing (fewer enforceable issues)

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• Stage 3+: Minimal enforcement activity

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• Legal consultation: Budget $500-$2,000 for policy review Long-Term Planning:

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• Drought-resistant common area conversio

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• Smart irrigation system upgrades

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• ative plant installation ROI (3-5 year payback)

Community Engagement Strategies Build Support for Compliance: 1. Education Campaigns

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• Host drought landscaping workshops

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• Distribute native plant guides

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• Share 202.007 summary with members 2. Incentive Programs

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• Rebates for xeriscaping conversions

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• Recognition for water-wise yards

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• Group purchasing for drought-resistant plants 3. Communication Channels

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• Community newsletter drought updates

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• Website drought stage indicator

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• Email alerts at stage changes

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• Social media reminders 4. Landscape Committee Partnership

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• Train committee on 202.007

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• Develop water-wise design guidelines

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• Create neighbor education materials

Chapter 6: Case Studies—DFW HOA Drought Compliance

Case Study 1: Plano Master-Planned Community Situation:

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• 800-home master-planned community

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• Aggressive landscape enforcement historically

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• 2021 drought hit Stage 2 in July Challenge: Violation committee had issued 47 “brown lawn” notices in June. Board realized 202.007 exposure after member complaint. Resolution:

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1. Immediate suspension of all irrigation-related violations

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2. Retracted June notices (legal counsel advised)

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3. Policy amendment adopted within 30 days

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4. Member communication campaign launched

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5. Annual training implemented Outcome:

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• o legal action taken by members

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• Community maintained harmony during extended drought

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• Board established compliance protocols for future stages

Case Study 2: Frisco HOA—Proactive Approach Situation:

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• 250-home community in Frisco

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• Board became aware of 202.007 in 2020 Proactive Measures:

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1. Pre-drafted policy amendments

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2. Board training completed annually

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3. Water provider notification subscriptio

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4. Fast-track native plant approval process When 2023 Drought Hit:

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• Board activated policy within 48 hours of Stage 2 declaratio

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• Members received immediate notificatio

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• Zero violation disputes

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• Community actually improved relations through transparent handling Lesson: Preparation prevents problems

Case Study 3: Dallas Urban Townhome Association Situation:

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• 120-unit townhome community

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• Minimal common area landscaping (owner-maintained front yards)

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• Deed restrictions required “green lawn” maintenance Challenge: Deed restrictions appeared to conflict with 202.

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1. Board uncertain about enforcement authority vs. statutory compliance. Resolution:

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2. Legal consultation obtained

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3. Opinion: 202.007 supersedes deed restrictions during drought

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4. Policy interpretation memo issued

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5. Deed restriction amendment proposed (long-term solution) Outcome:

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• Board understood hierarchy of authority (state law > deed restrictions)

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• Short-term policy compliance achieved

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• Long-term amendment process initiated

Chapter 7: FAQ for DFW HOA Board Members Q: Can our HOA still require mowing during drought? A: Yes. 202.007 does not prohibit maintenance requirements that don’t require water. Dormant grass still requires mowing. Q: What if our CC&Rs specifically require “green lawns”? A: Texas Property Code 202.007 supersedes CC&Rs during drought restrictions. “Green lawn” requirements are unenforceable during Stage 2+. Q: Can we fine owners who installed xeriscaping without approval? A: During Stage 2+, 202.007 protects owners’ right to install drought-resistant landscaping. However, non-drought periods may require retroactive architectural approval. Q: Do we have to allow artificial turf? A: 202.007 doesn’t specifically address artificial turf. Check your governing documents—some HOAs prohibit artificial turf regardless of drought. Q: What about newly installed landscaping? A: New plantings typically require irrigation for establishment. Some water providers exempt new landscaping from restrictions for 30-60 days. Verify with your water provider. Q: Can we require owners to install drought-resistant landscaping? A: Generally, no—202.007 protects owner’s choice. However, you can incentivize through rebates, recognition, or modify architectural guidelines to encourage water-wise choices. Q: What happens if we violate 202.007? A: Potential civil liability, uncollectable fines, legal defense costs, and board member exposure. Documented high-quality faith compliance efforts provide protection. Q: How do we handle members who don’t know about 202.007? A: Proactive communication is key. Don’t rely on members to know the law—educate them through newsletters, meetings, and direct communication. Q: Can we enforce landscape requirements against rental properties? A: 202.007 applies to all properties regardless of owner occupancy. Tenants should be informed by landlords, but HOA must comply with statute. Q: What if our water provider doesn’t use the standard stage system? A: 202.007 applies to any “water use restrictions imposed by the entity supplying water. ” Follow your specific provider’s restrictions regardless of terminology.

Conclusion: Your 202.007 Compliance Action Pla

Immediate Actions (This Week)

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• [ ] Identify your community’s water provider

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• [ ] Check current drought stage status

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• [ ] Review current landscape enforcement policies

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• [ ] Identify any 202.007 conflicts in current practices

Short-Term Actions (This Month)

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• [ ] Draft drought response policy amendment

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• [ ] Schedule board education session on 202.007

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• [ ] Prepare member communication templates

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• [ ] Review D&O insurance coverage

Medium-Term Actions (This Quarter)

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• [ ] Formal policy adoption by board vote

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• [ ] Violation committee training

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• [ ] Member communication campaig

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• [ ] Architectural review process updates

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• [ ] Consider legal consultation for document review

Ongoing Compliance

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• [ ] Monthly drought stage monitoring

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• [ ] Annual board training refreshers

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• [ ] Policy review at each board turnover

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• [ ] Community education events

Final Board Responsibilities As a DFW HOA board member, you must:

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1. Know the law: Texas Property Code 202.007 is binding on your associatio

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2. Monitor conditions: Track drought stages from your water provider

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3. Act promptly: Suspend conflicting enforcement when stages activate

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4. Communicate clearly: Inform members of policy changes

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5. Document decisions: Maintain records of compliance efforts

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6. Seek guidance: Consult legal counsel when uncertain The Bottom Line: Texas Property Code 202.007 isn’t an inconvenience—it’s a liability protection tool for HOAs. By following this guide, your board maintains compliance, protects the association from legal risk, and navigates drought periods with transparency and fairness. The most successful DFW HOAs during drought aren’t those with the greenest lawns—they’re those with the clearest policies and finest member communication.

Resources and References

Official Sources Texas Property Code Chapter 202: – <a href=”https://statutes. capitol. texas. gov/Docs/PR/htm/PR.

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1. htm”>Texas Legislature Online DFW Water Providers:

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• orth Texas Municipal Water District:
  tmwd. com

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• Dallas Water Utilities: dallascityhall. com/dwu

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• Tarrant Regional Water District: trwd. com

Legal Resources

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• Community Associations Institute (CAI)

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• Texas Chapter

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• Texas Association of Realtors

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• HOA Resources

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• Local HOA attorneys (retain for document review)

Drought Landscaping Resources From Groundhogs Services: – The Complete Guide to Foundation Protection in Dallas-Fort Worth (DFW) – Smart Irrigation Rebates: Plano 2026 Application Guide – Drought-Tolerant Native Plants for Commercial Properties External Resources:

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• Texas A&M AgriLife Extension: Drought-Tolerant Landscaping

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• ative Plant Society of Texas

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• WaterIsAwesome. com (NTMWD conservation resource)

*Last Updated: February 2026* *This guide is for informational purposes and does not constitute legal advice. Consult your HOA attorney for specific legal questions. * Groundhogs Services Commercial Landscaping Compliance Specialists Dallas-Fort Worth (DFW), Texas *Serving HOA boards, property managers, and commercial facilities with regulatory expertise since 2015*

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