North Carolina General Statutes § 47F-3-122 Irrigation of landscaping

Notwithstanding any provision in any declaration of covenants, no requirement to irrigate landscaping shall be construed to:

(1)        Require the irrigation of landscaping, during any period in which the U.S. Drought Monitor, as defined in G.S. 143-350, or the Secretary of Environment and Natural Resources has designated an area in which the association is located as an area of severe, extreme, or exceptional drought and the Governor, a State agency, or unit of local government has imposed water conservation measures applicable to the area unless:

a.         For declarations of covenants registered prior to October 1, 2008, the covenant specifically requires the irrigation of landscaping notwithstanding water conservation measures imposed by the Governor, a State agency, or unit of local government. The association may not fine or otherwise penalize an owner of land for violation of an irrigation requirement during a period of a drought as designated under this subdivision, unless the covenant specifically authorizes fines or other penalties.

b.         For 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 any period in which the Governor, a State agency, or unit of local government has imposed water conservation measures. The association may not fine or otherwise penalize an owner of land for violation of an irrigation requirement during a drought designated under this subdivision, unless the covenant authorizes the fines or other penalties. This authorization 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 declarations of covenants.

(2)        For purposes of this section, the term "landscaping" includes lawns, trees, shrubbery, and other ornamental or decorative plants.  (2008-143, s. 19(b).)

Sections:  Previous  47F-3-107.1  47F-3-108  47F-3-109  47F-3-110  47F-3-111  47F-3-112  47F-3-113  47F-3-114  47F-3-115  47F-3-116  47F-3-118  47F-3-119  47F-3-120  47F-3-121  47F-3-122

Last modified: March 23, 2014