May 27, 2026
A lush green lawn has long been a defining feature of the suburbs, with many homeowners taking pride in their beautiful grass. But with the National Integrated Drought Information System reporting that 62.42% of the lower 48 states are currently in a drought, lawns across America are getting browner by the day. (1)
That’s a problem, given that many HOAs fine residents for poorly maintained lawns, and, in some especially disturbing situations, homeowners have actually been arrested for not taking proper care of their grass. (2)
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The good news is, one Colorado community is now taking steps to protect residents from burdensome fines for grass gone bad. As CBS News reports, the town council in Castle Rock, Colorado, approved the first reading of an ordinance preventing HOAs from fining residents for brown lawns, while the town also issued a drought advisory. (3)
Castle Rock won’t be the first to pass this type of rule, as HOAs across the country respond to challenging weather conditions that are potentially becoming more common due to climate change. (4)
Water restrictions frustrate homeowners as a dark cloud of HOA fines hangs over their heads
As droughts make lawn care difficult, many areas have imposed voluntary or mandatory water restrictions, including Castle Rock. These restrictions affect the ability of homeowners to keep their lawns in good condition.
“I do it [water the lawn] at night when we’re supposed to, after 8 o’clock and before 5 o’clock — but it’s not enough to keep the grass green, and it won’t be for the summer,” Brett Pfleger of Castle Rock told CBS. “Water is the key, obviously. So if we can’t water, grass is going to be brown.”
Unfortunately, many homeowners who try to abide by limitations on watering lawns end up frustrated as they are caught between a rock and a hard place. They can either follow the water restrictions and risk the wrath of the HOA, or they can water more than they should, potentially getting into trouble with the town and making a water shortage worse.
“If everybody’s grass needs to be green, or you get fined, it’s an issue and a challenge,” said Pfleger. “If they’re going to fine us from the HOA, I don’t think that’s fair if they’re going to restrict our water.”
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Tolerance for HOA brown lawn rules is drying up
Fortunately, local and even statewide governments are taking action to alleviate homeowner fears by preventing HOAs from fining or penalizing homeowners whose lawns are less-than-lush because they aren’t watering during a drought.
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“We don’t want residents to be feeling the pressure to overwater to maintain green lawns during this very dry period, because the HOA may issue them a fine or a violation,” says Mark Marlowe, Castle Rock’s Water Director.
Castle Rock’s move towards the ban on brown lawn fines could solve this problem for local homeowners if the town council ultimately passes the ordinance, just as a growing number of similar bans are doing for residents in HOA neighborhoods across the country.
In Texas, for example, a statewide ban was recently signed into law that prevents neighborhood associations from fining residents for lawns damaged during droughts. (5) There are also similar laws in place in California, and Florida, among others. (6, 7)
While HOAs can generally still enforce other restrictions (as allowed by law), homeowners who are protected by these restrictions at least won’t have to worry that the lack of rain is going to lead to a drained bank account when the HOA comes calling.
Article Sources
We rely only on vetted sources and credible third-party reporting. For details, see our ethics and guidelines.
National Drought Information System (1); Realtor.com (2); CBS News (3); United States Geological Survey (4); Garden Style San Antonio (5); California Legislative Information (6); Florida Senate (7)
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Christy Bieber has 15 years of experience as a personal finance and legal writer. She has written for many publications including Forbes, Kilplinger, CNN, WSJ, Credit Karma, Insurify and more.
