Maryland HOA Low-Impact Landscaping Preemption

House Bill 322, enacted in 2021 and codified at Real Property Article Section 2-119, makes Maryland the first state to bar HOAs and condominium associations from imposing unreasonable limitations on low-impact landscaping. The statute defines low-impact landscaping as techniques that conserve water, lower maintenance costs, reduce pollution, and create wildlife habitat, including pollinator gardens, rain gardens, and xeriscaping. Associations cannot require any portion of cultivated vegetation to be turf grass. Reasonable design and maintenance standards remain allowed, but blanket bans and turf mandates are preempted statewide regardless of when covenants were recorded.

Owners harmed by an unlawful restriction may seek injunctive relief and damages in Maryland courts. HOAs enforcing void restrictions may face attorney fee awards.