Quick Answer
G.S. 47F-3-122 says a covenant that requires owners to irrigate landscaping cannot be read to require watering during a severe, extreme or exceptional drought when the Governor, a state agency or a local government has imposed water conservation measures. The covenant can override that default only if it says so in specific words. The statute also limits fines for drought-period irrigation violations.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | G.S. 47F-3-122, "Irrigation of landscaping" |
| History | Enacted by S.L. 2008-143, s. 19(b); amended by S.L. 2015-241, s. 14.30(v). We did not verify the effective date of either act. |
| Applies to | Planned communities (HOAs) under Chapter 47F. It is not on the list of sections that reach pre-1999 communities in G.S. 47F-1-102(c), so our reading is that it applies to communities the Act covers fully. |
| Key sections | Subdivision (1) (drought rule), (1)a. (covenants registered before October 1, 2008), (1)b. (covenants registered on or after that date), (2) (definition of "landscaping") |
| Remedy or penalty | None stated, other than the limit on fining owners for drought-period irrigation violations |
What the Law Says
The section begins "Notwithstanding any provision in any declaration of covenants, no requirement to irrigate landscaping shall be construed to" require irrigation during a defined drought. Two conditions must both be met before the default applies:
- The U.S. Drought Monitor (as defined in G.S. 143-350) or the Secretary of Environmental Quality has designated the area where the association is located as severe, extreme or exceptional drought.
- The Governor, a state agency or a unit of local government has imposed water conservation measures that apply to the area.
Older covenants (registered before October 1, 2008)
The default applies unless the covenant "specifically requires the irrigation of landscaping notwithstanding water conservation measures" imposed by government. Even then, the association "may not fine or otherwise penalize an owner" for a drought-period irrigation violation "unless the covenant specifically authorizes fines or other penalties."
Newer covenants (registered on or after October 1, 2008)
The covenant "must specifically state that any requirement to irrigate landscaping is suspended to the extent the requirement would otherwise be prohibited" during government-imposed conservation measures. The fine limit repeats, and any authorization to fine "must be written on the first page of the covenant in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere" in the declaration.
What counts as landscaping
Subdivision (2) says "landscaping" includes "lawns, trees, shrubbery, and other ornamental or decorative plants."
What This Means in Practice
For boards
Before enforcing a watering or green-lawn requirement in summer, check two things: whether a drought designation and a government conservation order are both in place for your area, and what your recorded declaration says. If both are in place and the declaration lacks the specific wording described above, the statute says the irrigation requirement is not to be construed as requiring watering.
For owners
Owners facing a violation notice for a brown lawn during a declared drought can ask the board to point to the declaration language. Our reading: the statute protects the failure to irrigate, not a failure to maintain landscaping in other ways (for example, removing dead material), which the statute does not address.
What the law does not say
- It does not define how long a designation must last, or who tracks it. Open question: how an association should document the dates a drought designation and local restrictions were both in effect.
- It does not address artificial turf, plant replacement after drought, or design standards.
- We did not read the condominium act for a parallel rule; confirm with counsel for condominium communities.
Timeline
| Date | Event |
|---|---|
| 2008 | S.L. 2008-143, s. 19(b) enacts the section (per the statute's history note) |
| October 1, 2008 | Dividing date in the statute between older and newer covenants |
| 2015 | S.L. 2015-241, s. 14.30(v) amends the section (per the history note) |
Related North Carolina Law
- G.S. 47F-3-107.1: fines and suspension hearing
- G.S. 47F-3-121: flags and political signs
- G.S. 47F-1-102: which communities the Act covers
- Chapter 47F overview
- North Carolina HOA laws complete guide
Board Checklist
- Search the declaration and rules for any irrigation, watering or "green lawn" requirement.
- Note when the declaration was registered (before or on/after October 1, 2008).
- Look for the specific suspension wording the statute requires for newer covenants.
- Before a violation notice in dry weather, confirm both the drought designation and the local conservation order.
- Check whether the declaration authorizes fines, and whether that authorization sits on the first page in boldface capitals.
- Send owners a short notice explaining how the association will treat watering rules during restrictions.
- Ask counsel before fining for any drought-period irrigation issue.
Frequently Asked Questions
Can a North Carolina HOA require owners to water lawns during a drought?
Under G.S. 47F-3-122, a requirement to irrigate cannot be construed to require it during a severe, extreme or exceptional drought with government water conservation measures in place, unless the covenant has the specific wording the statute describes.
What two conditions trigger the rule?
A drought designation (severe, extreme or exceptional) for the area, and water conservation measures imposed by the Governor, a state agency or a local government.
Can the association fine an owner for not watering during a drought?
Not unless the covenant specifically authorizes fines or penalties for that. For covenants registered on or after October 1, 2008, the authorization must be on the first page in boldface capital letters.
What does "landscaping" include?
The statute says lawns, trees, shrubbery and other ornamental or decorative plants.
Does this apply to older communities?
Our reading is that it is not on the G.S. 47F-1-102(c) list of sections that reach pre-1999 communities. Confirm with counsel for your community.
Does the section cover condominiums?
This page covers only Chapter 47F. We did not read a parallel condominium provision.
Where We Stand
Our position: we support this law. From a management view, enforcing a watering rule while the county bans watering puts the board in an impossible position and invites disputes. The statute gives a clear default. Tip: keep a dated log of drought designations and local restrictions, and pause irrigation-based violation notices while both are in effect. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.
Where This Comes From
This page is based on the text of G.S. 47F-3-122 and G.S. 47F-1-102 in Chapter 47F on ncleg.gov. We did not read the session laws cited in the history note, G.S. 143-350, or any court decision on this section.
How APM Helps
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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed North Carolina attorney before acting.
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