§ 47C-3-122. Irrigation of landscaping.
§ 47C‑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 covenantsregistered prior to October 1, 2008, the covenant specifically requires theirrigation of landscaping notwithstanding water conservation measures imposedby the Governor, a State agency, or unit of local government. The associationmay not fine or otherwise penalize an owner of land for violation of anirrigation requirement during a period of drought as designated under thissubdivision, unless the covenant specifically authorizes fines or otherpenalties.
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 drought designatedunder this subdivision, unless the covenant authorizes the fines or otherpenalties. This authorization must be written on the first page of the covenantin print that is in boldface type, capital letters, and no smaller than thelargest 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(a).)