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SB 542

Relating to the authority of a property owners' association to assess a fine for discolored vegetation or turf during a period of residential watering restriction.

89th Legislature (2025) Introduced by Charles Schwertner

Texas bill prevents HOA fines for brown vegetation when residents comply with government water restrictions during droughts.

Left pending in committee
#environment--water(i0320) #propertyinterests--propertyownersassociation(i0618) #restrictivecovenants(s0299) #utilities--water&sewer(i0002)
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Bill Summary · SB 542

Legislative bill overview

SB 542 would limit the authority of property owners' associations (HOAs) to fine residents for having discolored vegetation or dead turf during periods when local water restrictions are in effect. The bill essentially protects homeowners from HOA penalties when they comply with government-mandated watering restrictions that inevitably cause landscaping to brown.

Why is this important

HOAs frequently enforce strict aesthetic codes requiring green, well-maintained lawns, but during drought conditions or water emergencies, local governments restrict outdoor watering. This creates a conflict where homeowners face fines from HOAs for following mandatory water conservation orders. This bill addresses that conflict by preventing double penalties and aligning HOA authority with public water policy.

Potential points of contention

  • Property rights tension: HOA supporters argue associations have legitimate authority to maintain property values through appearance standards; opponents contend government water restrictions should override private covenants during conservation periods
  • Enforcement clarity: Disagreement over what constitutes an official "watering restriction" and how strictly HOAs must comply with this exemption, particularly regarding voluntary versus mandatory restrictions
  • Economic impact on HOAs: Some worry this limits HOA revenue from fines and their ability to enforce uniform community aesthetics, while proponents argue it protects residents from unfair penalties for lawful behavior

Compiled from official sources — confirm details with the bill’s official record.

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