Certain unenforceable HOA rules in Texas must be known by homeowners and board members. According to state laws, homeowners associations are prohibited from enacting or enforcing these rules.
What are the Unenforceable HOA Rules in Texas?
Homeowners associations obtain their authority from state laws and the governing documents. The Texas Property Code, in particular, contains strict provisions that HOAs must follow and some restrictions that are considered unlawful.
Two key chapters of the Texas Property Code regulate HOA governance:
- Chapter 202. This chapter covers the construction and enforcement of restrictive covenants.
- Chapter 209. The Texas Residential Property Owners Protection Act establishes homeowners’ rights and limits HOA authority.
According to the Texas Property Code, HOAs can’t outright prohibit the following things but can enforce regulations.
1. Restrictions on Solar Panels
Texas law protects homeowners’ right to install solar energy devices. Under Section 202.010 of the Texas Property Code, an HOA cannot outright prohibit the installation of solar panels.
The exception to this is if the solar panels threaten public safety, violate local zoning laws, extend beyond the owner’s roofline, or are installed without proper approval. It is worth noting that an HOA can’t unreasonably deny approval for solar panels.
If an HOA attempts to enforce a blanket ban on solar panels, the rule is legally invalid. That said, an HOA can regulate solar panel installation.
2. Bans on Drought-Resistant Landscaping
Due to water conservation concerns, Texas law prohibits HOAs from banning xeriscaping or drought-resistant landscaping. Section 202.007 of the Texas Property Code ensures that homeowners can use native plants and water-efficient irrigation systems.
The same section also protects homeowners’ rights to use rain barrels and composting systems. An HOA may impose reasonable guidelines, but an outright ban is unenforceable.
3. Restrictions on Religious Displays
Another unenforceable HOA rule in Texas concerns religious displays. Under Section 202.018, HOAs cannot prohibit homeowners from displaying religious items on their property.
That said, religious items must be under 25 square inches in size. They must not contain any offensive language or imagery. Additionally, they must not pose a health or safety risk. Finally, religious items shouldn’t be attached to HOA-owned property, which includes common areas.
4. Prohibitions on Displaying the U.S. or Texas Flag
Texas law consists of similar protections as the Freedom to Display the American Flag Act of 2005. According to Section 202.012 of the Texas Property Code, an HOA can’t prevent homeowners from displaying the U.S. flag, the Texas state flag, or a flag of any branch of the U.S. military.
Under Texas law, an outright ban is unenforceable, but an HOA may regulate the size and placement of flags. Homeowners should check their governing documents for guidelines.
5. Restrictions on Political Signs
Under Section 259.002 of the Texas Property Code, HOAs can’t prohibit homeowners from displaying political signs during election season. But, they may impose reasonable regulations on size, number, and location. Again, homeowners should check their governing documents for more information.
6. Restrictions on Security Cameras and Home Security Measures
Safety is a homeowner’s right. Section 202.023 of the Texas Property Code prevents HOAs from banning security cameras, motion detectors, or perimeter fences on a homeowner’s property.
While outright prohibitions are void, HOAs may still impose reasonable restrictions, particularly concerning aesthetics. For example, an HOA may require owners to place security cameras in less conspicuous locations to maintain appearances.
7. Restrictions on Standby Electric Generators
Under Section 202.019 of the Texas Property Code, HOAs cannot prohibit homeowners from installing standby electric generators. As with many others on this list, an HOA may regulate the placement and appearance of these generators.
8. Restrictions on Swimming Pool Enclosures
Texas law ensures that homeowners can install swimming pool enclosures for safety reasons. Section 202.022 of the Texas Property Code prohibits HOAs from banning enclosures, but they may impose reasonable design guidelines. This is to maintain the aesthetic appeal of the community.
9. Prohibitions on Certain Roofing Materials
Under Section 202.011 of the Texas Property Code, HOAs can’t ban the use of wind- or hail-resistant shingles. The same section prohibits HOAs from banning shingles that improve heating and cooling efficiency.
10. Possession of Firearms and Ammunition
Texas law explicitly states that HOAs can’t prohibit or regulate homeowners’ possession of firearms or ammunition. Homeowners and board members can find this law under Section 202.021 of the Texas Property Code.
11. Lemonade Stands
Under Section 202.020 of the Texas Property Code, HOAs must not ban or regulate children’s lemonade stands. This applies to lemonade stands and other stands that sell non-alcoholic beverages, provided they receive permission from the property owner. In addition, HOAs can’t require a permit or charge a fee for operating such stands.
Understanding Selective Enforcement
Homeowners associations must enforce the rules fairly, consistently, and uniformly. This also applies to HOAs in Texas.
Under Chapter 209, homeowners have a right to challenge the selective enforcement of rules. An example of selective enforcement is when an HOA penalizes one homeowner for a violation but not another homeowner for the same violation.
Homeowners can also challenge vague rules that the association enforces arbitrarily. Consistency is paramount, and applying a rule only when it’s convenient is arbitrary enforcement.
Finally, homeowners can challenge an HOA that penalizes members for actions that were not violations when they were committed. This is called retroactive enforcement. Homeowners may have legal grounds to dispute violations if an HOA does not enforce rules consistently.
How to Challenge Unenforceable HOA Rules in Texas
If homeowners believe their HOA enforces an unenforceable or illegal rule, they can follow the steps below.
- Check State Laws. First, it’s important to review Texas law to see if anything confirms the rule is unenforceable.
- Ask for Documentation. The next step is to request documentation. Homeowners should ask their HOA board for written justification for the rule. This should also include references to the specific sections of the governing documents.
- Attend Board Meetings. Texas law requires board meetings to be open to all homeowners. At these meetings, homeowners can raise their concerns and explain how an HOA rule violates Texas law.
- Seek Dispute Resolution. Homeowners may need to enter alternative dispute resolution, which includes mediation and arbitration.
- Consult an Attorney. Challenging unenforceable rules will sometimes require the help of an attorney. If the board refuses to cooperate, taking legal action may be necessary.
Make a Change
Unenforceable HOA rules in Texas have no place in a homeowners association. These rules are prohibited by law, and continuing to enforce them will only result in liability for the HOA and its board members.
Preferred Association Management Company offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!
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