An owner wants to install rain barrels. How should our HOA board review the request?

By OurHOA · General information · Revised November 11, 2026

How an HOA board should review a rain barrel or rainwater harvesting request: Texas and Colorado limits, what to ask for, approval conditions and a timeline.

Part of the HOA board handbook: running the board.

The short answer

In Texas and Colorado the committee is deciding where the barrel goes and what it looks like, not whether the owner may have one. Both states void covenants that ban rain barrels on an owner's own lot, and both let the association set reasonable rules on placement and appearance. Florida has no statute that names rain barrels, so there the declaration and your written guidelines control, subject to the Florida-friendly landscaping law discussed below. So review these requests fast and keep the file short. Ask where the barrel sits, how big it is, what color it is, where the overflow goes and how mosquitoes are kept out. Approve with conditions. Save denials for the narrow cases the statutes leave to you: common area, a spot in front of the house, a shared wall, or a barrel that does not match the home. Rules differ by state and by your governing documents, so treat this as education and check unusual cases with the association's attorney.

What state law takes off the table

Texas. Property Code 202.007(a)(2) says a property owners' association may not include or enforce a dedicatory instrument provision that prohibits or restricts an owner from installing rain barrels or a rainwater harvesting system, and 202.007(b) makes such a provision void. The association keeps more than that first sentence suggests. Under 202.007(d)(6) it does not have to allow a barrel or system on association property, on property owned in common by the members, or between the front of the home and an adjoining street. It may also refuse one in a color that is not consistent with the home's color scheme, or one showing language or images beyond what the product carries as manufactured. Under 202.007(d)(7) it may regulate size, type, shielding and materials for a barrel on the side of the house or anywhere visible from a street, another lot or common area, as long as the rule does not prevent an economical installation and the lot has reasonably sufficient room. Section 202.007(e) exempts a small group of large master-planned associations in big-city counties; if yours is one, your attorney already knows. Colorado. CRS 38-33.3-106.5(1)(j) bars an association from prohibiting the use of a rain barrel to collect rooftop precipitation in line with 37-96.5-103. That water law allows no more than two rain barrels with a combined capacity of 110 gallons or less, on a single-family home or a multi-family building of four or fewer units, with the water used outdoors on the same property. Section 37-96.5-102(1) defines a rain barrel as an aboveground container with a sealable lid fed from a rooftop downspout, and 37-96.5-103(2) forbids using the water for drinking or indoor purposes. The association protection does not reach leased property without the landlord's permission, common or limited common elements, property the association maintains, or a unit attached to others without those owners' permission. Subsection (1)(j)(III) lets the association impose reasonable aesthetic rules on placement and appearance. Florida. Statutes 720.3075(4)(b) says association documents may not prohibit an owner from implementing Florida-friendly landscaping as defined in 373.185. That definition lists efficient watering and reduction of stormwater runoff among its principles but never mentions rain barrels. Whether a barrel counts is unsettled, so do not lean on a flat ban. The same subsection also bars rules that conflict with a water management district order or rule, which matters when the owner is using the barrel to get through watering restrictions.

What the application should ask for

Use your normal exterior change form and attach a short list. Ask for: - the number of barrels or tanks and the capacity of each in gallons - a product photo or spec sheet showing the color and lid - a sketch of the house showing which downspout feeds the barrel and where it sits relative to the front wall, the street and the property line - where the overflow goes, and whether it drains onto the owner's lot, a neighbor's lot or common area - the base: pavers, a stand or blocks, and its height - any screening, such as a lattice panel or shrubs, if the barrel is visible from the street In Colorado, add a line confirming the setup stays within two barrels and 110 gallons. A larger tank falls outside 37-96.5-103, so the 106.5 protection does not cover it, and the owner should check the water rights question with the state before the committee spends time on looks. Do not ask for engineering, a plumber's license or a water test. A barrel on a downspout is a garden product, and asking for paperwork you would not ask for on a planter box reads as a backdoor denial.

Conditions worth putting in the approval

Write conditions that address real complaints from neighbors. The common ones are standing water, mosquitoes, soggy side yards and a bright blue drum by the driveway. - Color. Texas lets you require a color consistent with the home's color scheme, so name it: earth tone, the body color or the trim color. - Lid and screen. Colorado State University Extension's guidance, reviewed in August 2025, calls for a tight-fitting lid or a mesh cover that lets water in and keeps mosquitoes and debris out. Colorado's statute already requires a sealable lid. - Draining. The same guidance says to empty the barrel completely at least once a month and to disconnect it from the downspout during an absence of more than a week. Turn that into a condition that the barrel holds no stagnant water. - Overflow. Overflow must stay on the owner's lot and be directed away from the foundation, a neighbor's lot and any walkway. - Base. The barrel sits on a level, stable base so a full one cannot tip. Water weighs about 8.3 pounds a gallon, so a full 55-gallon drum is over 450 pounds. - No drinking water. Note that the water is for outdoor use. CSU says untreated roof water is not safe to drink, and Colorado bars indoor use. Leave out anything that makes the barrel impossible to install economically. A Texas rule requiring a masonry enclosure around every barrel invites a 202.007 complaint.

Townhomes, condos and larger systems

Attached homes need a closer look before the committee approves. Read the declaration's maintenance section and the plat. If the downspout hangs on an exterior wall the association maintains, or the barrel would sit on a common element, neither the Texas nor the Colorado statute requires the board to say yes. Colorado also needs the attached owners' permission. If the board wants to allow it anyway, use a short signed agreement: the owner pays for any repair to the wall or ground, removes the barrel on request with 30 days' notice, and the duty passes to a buyer. Larger systems are a different job. A cistern of several hundred gallons, an underground tank or a pump tied to irrigation can involve digging, electrical work and drainage changes. Review those like any other excavation or structure under your guidelines, and ask for the city or county permit if one applies. In Texas the statute still protects a rainwater harvesting system, so focus the review on size, shielding and location under 202.007(d)(7). In Colorado, anything beyond two barrels and 110 gallons is outside the rain barrel law entirely.

A review timeline and approval wording

Day 0: log the date the request arrived. Days 1 to 5: send one written list of anything missing. Days 5 to 10: a committee member walks past the house and checks the view from the street. Days 10 to 21: written decision. Most declarations set their own deadline, and some deem a request approved if the committee misses it, so check yours. Conditional approval wording the committee can copy: 'The Architectural Committee approves the rain barrel installation described in your application dated [date] at [address], on these conditions: (1) no more than [number] barrels of [gallons] gallons each, placed at the [side or rear] downspout shown on your sketch and not in front of the home; (2) barrels are [color] or another color consistent with the home's color scheme and carry no added graphics or text; (3) each barrel has a tight-fitting lid or mesh screen and is kept free of standing water that can breed mosquitoes; (4) overflow is directed away from the foundation and stays on your lot; and (5) you maintain the barrels and remove any that are damaged or abandoned. This approval covers only the equipment and location shown.' Denial wording, when one is justified, should name the reason and the fix: 'The requested location is between the front of the home and [street name]. The committee will approve the same barrel at the side or rear downspout.'

Mistakes boards make

Citing an old covenant that says 'no rain barrels' in Texas or Colorado. That text is void, and quoting it in a letter gives the owner a complaint. Writing guidelines so strict that no barrel can satisfy them. Approving a 300-gallon tank in Colorado because it was screened nicely, without telling the owner it falls outside the state's rain barrel allowance. Treating overflow as the owner's problem until it floods the neighbor's patio. Sending a violation letter for a barrel in the side yard of a corner lot without checking whether it really sits between the front of the home and a street. For the owner's side of this question, see our guide on whether an HOA can restrict rainwater collection. If standing water is already a problem in the neighborhood, our guide on setting up an HOA mosquito control program covers the common area side.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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