Water-efficient Landscaping

• All condo and community associations are required to adopt rules supporting water-efficient landscaping, including allowance for low water use on lawns during drought conditions, design criterion for water wise landscaping, and and which may limit permissible plant material to specific water wise plant material.  See Utah Code §§ 57-8a-218(15) and 57-8-8.1(9).  If a community association fails to adopt such rules, the law allows an owner to sue to compel compliance, as well as $500 or actual damages (whichever is greater) and attorney fees and costs.  See Utah Code Section 57-8a-231.  See the downloads tab in the Downloads and Guides for sample rules (for Prudent-Legal subscribers).
• A rule in a condo or community association may not prohibit or restrict the conversion of a grass park strip the owner maintains to water-efficient landscaping.  In order to do so, the restriction must be in the CC&Rs.  Utah Code §§ 57-8a-218(15) and 57-8-8.1(9).

Community Associations Only

• Community associations may not: 

1. prohibit low water use on lawns during drought conditions, or
2. require a lot owner to install or keep in place lawn in an area with a width less than eight feet (except where reasonably necessary for erosion control).  Utah Code §§ 57-8a-218(15) and 57-8a-231(3). 

• An association may not prohibit an owner of a lot with a detached dwelling (aka single family home) from the following on the owner's lot:

1. 1. installing plant materials suited to the microclimate and soil conditions that can remain healthy with minimal irrigation once established or be maintained without the use of sprinklers,
   2. use of water for outdoor irrigation through proper and efficient irrigation design and water application, or
   3. using other landscape design features that either minimize the need of the landscape for supplemental water from irrigation or reduce the landscape area dedicated to lawn.

However, an association can require a lot owner to: (1) comply with a site plan review process, (2) maintain plants in a healthy condition, and (3) follow specific water wise landscaping design requirements adopted by the association.  Additionally, an association can restrict the use of mulches (rock, bark, wood chips, etc.) considered detrimental to the association's operations.  Utah Code Section 57-8a-231.