HOA Approval
What Texas law says about HOAs and artificial turf
Short answer
Texas Property Code Section 202.007 voids covenants that prohibit drought-resistant landscaping or water-conserving natural turf. The word in the statute is natural. Artificial turf is not named anywhere in that section, and subsection (c) preserves an association's power to restrict the type of turf used in new planting. Read your recorded covenants and get your own advice.
The statute everyone cites says natural turf
Overview
This is the most commonly misstated point in the artificial turf industry, and getting it wrong can cost a homeowner a removal order. Search demand for whether an HOA can block artificial turf is real, and the usual answer online cites a Texas statute as though it settles the question in the homeowner's favour. It does not say that.
What Section 202.007 says
Subsection (a)(4) prevents a property owners' association from enforcing a provision that prohibits or restricts an owner from using drought-resistant landscaping or water-conserving natural turf, and subsection (b) makes an offending provision void. Subsection (c) then expressly allows an association to restrict the type of turf used in the planting of new turf in order to encourage or require water-conserving turf. The section was added in 2003 and amended in 2011 and 2013.
- (a)(4) protects drought-resistant landscaping and water-conserving natural turf
- (b) voids a covenant provision that violates (a)
- (c) preserves an association's power to restrict turf type in new planting
Why that matters for synthetic turf
Artificial turf, synthetic turf and synthetic grass do not appear in the section. On the face of the text, Section 202.007 does not pre-empt an HOA prohibition on artificial turf. Anyone telling you that Texas law guarantees your right to install synthetic grass in an HOA is reading a word that is not there. We are not giving you legal advice and we are not telling you your HOA cannot stop you. We are telling you what the section says, so you check your own position before you spend money.
The parts that do help you
The same section contains provisions worth knowing. Subsection (d)(8) allows an association to require a detailed description or plan for review, and subsection (d-1) says an association may not unreasonably deny or withhold approval of a proposed installation under that subsection, nor unreasonably determine that it is aesthetically incompatible. Subsection (e) carves out certain associations in large developments. Chapter 202 also contains Section 202.008, titled Limitation on Fines During Residential Water Restriction.
- (d)(8): an association may require a plan for review
- (d-1): approval may not be unreasonably denied or withheld
- (e): a carve-out exists for certain large developments
What to do before you commit
Read your recorded declaration and any architectural guidelines, not a summary of them. Submit a plan rather than asking a verbal question. Keep the written response. If the answer is no and you believe it is unreasonable, that is a question for your own attorney, not for a turf contractor. We will happily produce the plan and specification an architectural committee needs to review.
Answers
Frequently asked questions
Still stuck? Call (817) 809-9236 and talk to someone who does this every day.
Does Texas law stop my HOA banning artificial turf?
Not on the face of the statute. Texas Property Code Section 202.007 protects drought-resistant landscaping and water-conserving natural turf. Artificial turf is not named in the section, and subsection (c) preserves an association's power to restrict turf type in new planting. Read your covenants and take your own advice.
Can my HOA require me to submit a plan?
Subsection (d)(8) allows an association to require a detailed description or plan for review to ensure aesthetic compatibility. Subsection (d-1) says approval may not be unreasonably denied or withheld, and that incompatibility may not be unreasonably determined.
Will you provide documentation for my architectural committee?
Yes. We will give you the specification, the drainage approach and a plan of the area for submission. What the committee decides is between you and the association.
Is this legal advice?
No. We are a contractor describing what a published statute says and does not say. For your own position under your own recorded covenants, consult an attorney.
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