Johnstown officials said Monday that homeowners’ associations cannot fine residents for dead or brown lawns caused by compliance with the Town’s newly adopted Level 3 water restrictions.
During Monday’s meeting of the Johnstown Town Council, Council Member Dee Anne Menzies addressed concerns raised by residents about possible HOA enforcement as lawns begin to dry out under the reduced watering schedule.
“HOA’s can not cite for dead lawns,” Menzies said.
The Town Attorney further clarified that the Town’s conservation rules take precedence over private neighborhood covenants.
“Town code preempts any HOA covenant,” the attorney said.
The statements came as the Town Council approved Level 3 water restrictions, which limit outdoor watering to two days per week through October 15.
Under the approved schedule, even-numbered addresses, HOAs, and metro district common areas may water only on Mondays and Thursdays. Odd-numbered addresses may water only on Tuesdays and Fridays. No outdoor watering is permitted on Wednesdays, Saturdays, or Sundays.
Town officials acknowledged that the tighter restrictions may cause some lawns to turn brown or go dormant during the summer. However, they said residents who are following the Town’s watering schedule cannot be penalized by their HOA for the condition of their lawns.
The Town’s position means HOA landscaping requirements, neighborhood rules, and covenant provisions cannot be enforced if they conflict with the Town’s water conservation measures.
Residents who receive a warning, violation notice, or fine from their HOA while complying with the restrictions are encouraged to contact Town of Johnstown.
