As water restrictions sweep across Colorado, Florida, Washington, and California in 2026, homeowners are receiving HOA violation notices for brown lawns — even when those brown lawns are the direct result of following mandatory government orders. Multiple states have enacted laws that explicitly override HOA rules during drought. If you’ve received a violation notice, there’s a very good chance your HOA is legally wrong.
This guide covers the specific laws in each major drought-affected state, what to do if you receive a fine, and a letter template you can send to your HOA board to resolve the dispute without escalating.
The Short Answer — In Most Drought States, No
State law supersedes HOA governing documents in every state covered here. HOA rules that require green turf or prohibit dormant lawns are void and unenforceable during declared water restrictions — and in Colorado’s case, even outside of declared restrictions.
Colorado — Strongest Protections in the Country
Colorado HB 21-1229 (2021) prohibits HOAs from requiring water-intensive landscaping like Kentucky Bluegrass, mandating cool-season turf, or penalizing homeowners for xeriscaping or drought-tolerant landscaping — even OUTSIDE declared drought periods. The law is among the broadest in the country and does not require a formal drought declaration to take effect.
Colorado Division of Real Estate Education Communications and Policy Manager David Donnelly stated publicly in March 2026: “I would strongly urge homeowners associations as well as those management companies that are assisting boards out there right now to be understanding of these local laws.” State and local laws always win over HOA rules. The Division of Real Estate’s HOA Information and Resource Center cannot intervene directly on a homeowner’s behalf, but Donnelly recommends keeping records of every watering session to prove compliance.
Denver Water publicly stated in 2026 that brown lawns are expected under Stage 1 restrictions — any HOA fine for a brown lawn caused by following these restrictions is on weak legal ground. Combined with HB 21-1229, a Denver-area homeowner who receives a violation notice for a dormant lawn has clear statutory protection.
Florida — Protected During Active District Restrictions
Florida Statute 720.3075 explicitly prohibits HOAs from fining homeowners for brown or dormant lawns during active water management district restrictions (SWFWMD, SFWMD, SJRWMD, and others). Your HOA cannot require you to violate water restrictions in order to maintain green turf — the statute is explicit that any CC&R provision to the contrary is unenforceable.
SWFWMD Phase III restrictions are active as of April 3, 2026 across Hillsborough, Pinellas, Pasco, Manatee, Sarasota, and surrounding counties. Keep a copy of the active SWFWMD restriction order to present to your HOA — the order itself is the single most effective document for shutting down a violation notice.
Washington State — Protected Under HOA Act
RCW 64.38.027 prohibits HOAs from requiring homeowners to maintain landscaping in violation of any government-mandated water restrictions. Washington declared a statewide drought emergency on April 8, 2026 — the fourth consecutive year, a record under the current drought framework.
Even in Seattle, Tacoma, and Everett where the utilities planned ahead and do not anticipate direct customer impacts, the statewide declaration provides additional protection for homeowners in communities under any local conservation measures. If your HOA cites appearance rules to penalize a brown lawn during the declared emergency, cite RCW 64.38.027 in your response.
California — Multiple Statutes Protect Homeowners
California AB 2100 prohibits HOAs from imposing fines against homeowners for reducing or eliminating irrigation during drought. AB 2104 voids any HOA CC&R provision that prohibits use of low-water-using plants or replacement of turf. Together, these statutes form one of the most comprehensive protection frameworks in the country.
California’s non-functional turf ban adds another layer: commercial and HOA-managed properties must remove decorative grass by 2027; multi-unit residential by 2028 — HOAs that resist turf removal are on the wrong side of incoming law. SoCal Water$mart pays $2–3/sq ft for turf removal — an HOA trying to prevent this conversion is blocking a financial benefit to residents.
Texas — No Fines During Watering Restrictions or 60 Days After
Texas Property Code Section 202.008 (enacted 2025) explicitly prohibits HOAs from assessing fines against property owners for brown, dormant, or discolored vegetation or turf during an official residential watering restriction period — and extends that protection for 60 days after the restriction is lifted. This is one of the clearest and most recently enacted brown lawn protections in the country.
Texas Property Code Section 202.007 goes further — HOAs cannot prohibit or restrict property owners from using drought-resistant landscaping or water-conserving natural turf. HB 517 (signed 2025) strengthened this by closing the “aesthetic standards” loophole HOAs had been using to effectively ban water-conserving landscapes even when nominally allowing them. HOAs can still require plans be submitted for aesthetic review but cannot unreasonably deny drought-tolerant landscaping proposals.
As of April 2026, 89% of Texas is in drought. Dallas, Houston, Austin, San Antonio, Corpus Christi, and West Texas cities are all under Stage 1 through Stage 3 drought contingency plans. Any HOA in those areas sending violation notices for brown lawns is on weak legal footing under both 202.007 and 202.008. The SAWS utility service regulations (Section 4.3.6) in San Antonio add a third layer of protection — HOAs served by SAWS cannot require turfgrass to be planted or irrigated. Include a copy of the active city restriction order when responding to any violation notice.
What to Do If Your HOA Sends a Violation Notice
- Do not pay the fine immediately.Request the specific provision in the HOA governing documents (CC&Rs, rules) that the violation is based on.
- Respond in writing within the timeframe specified in the notice (usually 30 days). Cite the applicable state law explicitly.
- Include a copy of the active water restriction order from your water utility or management district.
- Keep a log of every watering session: date, time, duration, address end digit / assigned day. This is your proof of compliance.
- If the HOA proceeds with the fine after receiving your written response citing state law, escalateto your state’s HOA oversight body: Colorado — Division of Real Estate HOA Information Center; Florida — Department of Business and Professional Regulation (DBPR); Washington — Attorney General’s office; California — Department of Consumer Affairs.
Template Letter — HOA Response for Brown Lawn During Water Restrictions
[Date] [HOA Name] Board of Directors Re: Violation Notice #[NUMBER] — Response and Request for Rescission Dear Board Members, I am writing in response to the violation notice dated [DATE] regarding the appearance of my lawn at [ADDRESS]. The current condition of my lawn is a direct result of my compliance with mandatory water restrictions currently in effect for this area: [NAME OF RESTRICTION ORDER — e.g., "Denver Water Stage 1 Drought Restrictions, effective March 25, 2026"]. Under [applicable state law — choose one]: - Colorado: C.R.S. § 38-33.3-106.5 (HB 21-1229) prohibits homeowners associations from requiring water-intensive landscaping or penalizing homeowners for drought-tolerant or dormant lawns. - Florida: F.S. § 720.3075 prohibits fines for brown or dormant lawns during active water management district restrictions. - Washington: RCW 64.38.027 prohibits HOAs from requiring maintenance of landscaping in violation of government-mandated water restrictions. - California: AB 2100 / AB 2104 prohibit HOA fines for drought-related lawn reduction and void CC&R provisions banning low-water plants. - Texas: Tex. Prop. Code § 202.007 and § 202.008 prohibit HOA fines for brown lawns during residential watering restrictions and for 60 days after restrictions are lifted. I have enclosed a copy of the current restriction order. I am watering in full compliance with the assigned schedule and am maintaining records of each watering session. I respectfully request that this violation notice be rescinded. Please confirm receipt of this letter and your decision in writing within [30 days]. Sincerely, [Your Name] [Address] [Phone / Email]
Frequently Asked Questions
Can my HOA still fine me for other lawn violations during restrictions?
State drought protection laws cover restrictions specifically related to watering — brown or dormant turf caused by following water restrictions is protected. HOAs can still enforce other rules like excessive weed growth, structural damage, or debris. The protection is specific to lawn browning caused by drought compliance.
What if my HOA says the fine is for 'property appearance' not watering?
This is a common reframing attempt. If your lawn is brown because you are following mandatory water restrictions, the cause of the violation is the restriction compliance — not a failure of property maintenance. Courts in Colorado and Florida have consistently upheld state drought law over HOA appearance rules. Document your watering schedule and cite the statute.
My HOA says they didn't know about the water restrictions. Is that a defense?
No. HOA boards have a fiduciary duty to stay current on applicable law. Ignorance of a state statute does not make a violation notice valid. Send them the citation and a copy of the restriction order.
Does this apply to condo buildings and townhome communities?
Yes, in most cases. The Colorado, Florida, Washington, and California statutes cover HOAs broadly, including condominium associations and townhome communities. Check your specific association type against the statute definitions — in some states the protection applies to 'planned unit developments' specifically.
What if I'm in a state not covered here?
Texas is now fully covered above (Prop. Code §202.007 and §202.008). Nevada, Arizona, and Utah have similar protections — check your state's HOA statute or consult your local water utility for current guidance. Many utilities publish guidance on HOA conflicts during restrictions.
The short version: if you live in Colorado, Florida, Washington, California, or Texas and your HOA has sent you a violation notice for a brown lawn during active water restrictions, state law is on your side. Respond in writing, cite the statute, enclose the restriction order, and keep your watering log. In the vast majority of cases, a properly written response gets the notice rescinded without further action.
About the Author
Lawn Care Expert & Writer · Denver, Colorado · Florida State University
Jason Allen is a lawn care expert and freelance writer based in Denver, Colorado. He studied turfgrass science and horticulture at Florida State University before founding his own lawn care operation serving the Denver metro area. With over a decade of hands-on experience managing cool-season lawns in Colorado's challenging high-altitude climate, Jason specializes in aeration, fertilization timing, drought management, and water-restriction compliance. His practical, science-backed approach to lawn care has helped thousands of homeowners achieve healthy turf despite Colorado's short growing seasons, clay soils, and frequent drought conditions.