The Texas State Legislature recently guaranteed the right of landowners to install drought-resistant landscapes, denying homeowners’ associations the power to ban such landscaping. The homeowners’ associations will still have to power to review individual landscaping plans. Recently, some homeowners’ associations have made some of its apartment owners pull out drought-tolerant landscapes because they did not conform to its bylaws.

The legislature ruled that after the 2011 drought, homeowners should be allowed to install landscapes that can survive on very little water; they are considering a $2 billion water development fund to meet the state’s water needs. The Texas Water Development Board estimates spending $53 billion over the next 50 years to meet the water demands in the state.