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

§ 47F‑3‑122. Irrigation of landscaping.

Notwithstanding any provisionin any declaration of covenants, no requirement to irrigate landscaping shallbe construed to:

(1)        Require theirrigation 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 NaturalResources has designated an area in which the association is located as an areaof severe, extreme, or exceptional drought and the Governor, a State agency, orunit of local government has imposed water conservation measures applicable tothe area unless:

a.         For declarations ofcovenants registered prior to October 1, 2008, the covenant specificallyrequires the irrigation of landscaping notwithstanding water conservationmeasures imposed by the Governor, a State agency, or unit of local government.The association may not fine or otherwise penalize an owner of land forviolation of an irrigation requirement during a period of a drought asdesignated under this subdivision, unless the covenant specifically authorizesfines or other penalties.

b.         For covenantsregistered on or after October 1, 2008, the covenant must specifically statethat any requirement to irrigate landscaping is suspended to the extent therequirement would otherwise be prohibited during any period in which theGovernor, a State agency, or unit of local government has imposed waterconservation measures. The association may not fine or otherwise penalize anowner of land for violation of an irrigation requirement during a droughtdesignated under this subdivision, unless the covenant authorizes the fines orother penalties. This authorization must be written on the first page of thecovenant in print that is in boldface type, capital letters, and no smallerthan the largest print used elsewhere in the declarations of covenants.

(2)        For purposes of thissection, the term "landscaping" includes lawns, trees, shrubbery, andother ornamental or decorative plants.  (2008‑143, s. 19(b).)