In North Carolina, homeowner and condominium associations often have rules requiring owners to maintain attractive landscaping, which may include watering lawns, trees, or shrubbery. But what happens when the state is facing a severe drought and water restrictions are imposed? As temperatures are getting warmer in North Carolina, this is always a possibility.
North Carolina General Statutes § 47F/C-3-122, offers guidance and important limitations for both associations and homeowners during periods of drought. Here’s what community associations need to know:
Key Takeaway: Irrigation Requirements Cannot Override Drought Restrictions
These statutes were designed to prevent associations from enforcing irrigation requirements during periods of severe drought when water conservation measures are in place. Even if a declaration of covenants contains provisions requiring property owners to irrigate their landscaping, that obligation is suspended during certain drought conditions.
Under the law, if an area is designated as experiencing a “severe, extreme, or exceptional drought” by the U.S. Drought Monitor or the NC Secretary of Environmental Quality, and if water conservation measures are imposed by the Governor, a State agency, or a unit of local government, then associations may not enforce irrigation requirements, unless very specific language appears in the governing documents.
There are different statutory rules and requirements depending on whether the declaration for the community was filed before or after October 1, 2008. So, it is important for associations to contact their association attorney during these severe droughts.
Practical Advice for Associations
Review Your Declaration: Associations should review their covenants to determine whether irrigation provisions are enforceable during droughts.
Update Language as Needed: If you want the option to enforce irrigation requirements during a drought, or to fine homeowners, the governing documents must include very specific language. Associations may wish to amend their governing documents accordingly.
Communicate Clearly with Owners: During drought periods, let homeowners know whether irrigation requirements are being suspended in compliance with state law.
North Carolina law is clear. The health of the environment and our shared water resources, takes precedence over aesthetic landscaping. If your association has questions about how this statute applies or whether amendments to your governing documents are needed, contact one of the community association attorneys at Law Firm Carolinas.