Discussion on Rainwater Harvesting Systems
Gregg Blake
Chairman Architectural Committee
Recently, the Architectural Committee has received several inquiries about the policies covering
Rainwater Harvesting and Collection Systems found in the current Restrictive Covenants of Chimney
Cove Estates. The part of the Covenants that deal with Rainwater Harvesting Equipment is in Section
5.33 (a) and (b). These covenants in Section 5.33 are based directly on the language found in the State of
Texas Property Code, Chapter 202, Section 202.007, which covers the installation and construction of
Rainwater Harvesting Systems.
The general purpose of Section 202.007 is 1) to prohibit the Property Owner Association (POA) from
restricting the installation of a rainwater harvesting system on an owner's property and 2) to give the
POA the authority to regulate the size, color, type, and shielding materials used in the construction of
rainwater harvesting equipment (including storage tank), primarily if it’s located on the side of a house
or at any other location that is visible from a street, another lot, or common area.
Following Section 5.33 (b), if the Rainwater Harvesting Equipment is to be located on the side of an
owner's house or at any other location on an owner's lot that is visible from a roadway within Chimney
Cove Estates, another lot, or a common area, the owner needs to submit plans and specifications to the
Architectural Committee showing how the Harvesting Equipment will be adequately screened to obscure
the view of the Rainwater Harvesting Equipment from the street and adjoining properties. The plans and
specifications are to be submitted before any installation of Rainwater Harvesting Equipment so that the
method of screening and the proposed screening materials can be reviewed and approved by the
architectural Committee before constructing the Rainwater Harvesting System.
Section 5.33 (b) gives the Architectural Committee the authority to regulate the size, type, and shielding
or screening of the Rainwater Harvesting Equipment. However, the regulation of submitted plans cannot
prohibit the economical installation of the Rainwater Harvesting Equipment on the owner's lot. The term
"economical installation" is directly from Section 202.007. Although a dollar amount is not included in
the statute, economic installation is a contractual term whose value, if disputed, can be determined by
the Court based on several factors, some of which are the cost of house construction on the lot, the
value of other shielded water storage tanks in the subdivision, and the relative values of houses within
the subdivision.
The Architectural Committee has, in the past and will continue to do so in the future, worked with the
property owner to develop and approve a plan to install the Rainwater Harvesting System that is
economical for the owner and keeps our community's architectural integrity and beauty. Don't hesitate
to contact me if you have any questions.