Win one for the dripper

Kelli Rodda

I let out a hearty hurrah when I learned of a new law for Texas homeowners. The law prohibits homeowners’ associations from restricting drought-tolerant landscapes, rainwater collection and other water-smart techniques.

Now for full disclosure: In general I do not support HOAs. In my past dealings with them, they seemed more like dictatorships that gave the proverbial thumbs down with no regard for the actual rules. HOA boards often remind me of playground bullies. So for the record, I don’t like ‘em. I understand the concept behind an HOA. After all, I live in the county where anyone can have junk cars in the front yard, a refrigerator on the porch or heaps of rusted, reclaimed metal that the landowner “might need some day.” There are definitely some eyesores out here, but I tend to side with homeowners’ rights.

There have been plenty of cases of HOAs denying folks the right to water-wise landscaping. It’s extremely frustrating, considering the large blanket of drought covering a large portion of the United States. But the drought-tolerant landscape plans didn’t mesh with the HOAs’ visions of St. Augustine and beyond boring shrubs on the “OK” list and the group’s struggle to keep up appearances.

Bill recognizes water issues
Put your hoses away, because Texas lawmakers came to the rescue. Senate Bill 198 covers the “protection of drought-resistant landscaping and water-conserving natural turf.” It restricts an HOA from enforcing rules that “would prohibit or restrict a homeowner” from using native plants or other landscaping requiring less water. The law allows an HOA to “set reasonable regulations” and require homeowners to submit landscape plans for approval. HOAs are no longer allowed to deny a landscaping design just because "it doesn’t fit with the other lawns in the neighborhood."

This bill “allows for the installation of more drought-proof landscapes by limiting a homeowners association’s ability to block xeriscaped or more efficient yards and landscapes,” said Kirk Watson (D-Austin), sponsor of the bill. “Landscaping can make up about 30 percent of residential water use. People should have the right to save water and money.”

Environment Texas, an environmental advocacy group, published a report earlier this year about water use in the state. ET said increasing the use of drought-tolerant plants in landscaping instead of traditional lawns could reduce withdrawals by 14 billion gallons by 2020, or as much as 260,000 Texans would use in a year. The group also said landscaping designed to reduce the need for water can reduce water use by 30 percent.

Environment Texas Director Luke Metzger told The Dallas Morning News, “Many Texans want to do their part to conserve water and it’s outrageous some busybodies in HOAs would stand in the way. This legislation protects the rights of Texans to respond to the drought through smarter use of our limited water supply.”

The green industry has a chance to be a leader in water conservation and still make money. Use bills like these to promote drought-tolerant plants. Work with cities, garden centers and landscape contractors to teach the consumer what works and what doesn’t. Help plant a demonstration garden. Get involved and be a trailblazer in your community.