TEXAS HOA LAWS

HIGHLIGHTS OF TEXAS HOA LAWS

Some of the most interesting highlights of Texas State Law pertaining to Home Owner’s Associations. Keep in mind, all of these have some sort of limitations. Join the Superior HOA Management mailing list for more updates. Please be sure to seek legal counsel if you have questions.:

A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:

(1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass;
(2) installing rain barrels or a rainwater harvesting system;
(3) implementing efficient irrigation systems, including underground drip or other drip systems; or
(4) using drought-resistant landscaping or water-conserving natural turf.

A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner’s property from installing shingles that:

(1) are designed primarily to:
(A) be wind and hail resistant;
(B) provide heating and cooling efficiencies greater than those provided by customary composite shingles; or
(C) provide solar generation capabilities; and
(2) when installed:
(A) resemble the shingles used or otherwise authorized for use on property in the subdivision;
(B) are more durable than and are of equal or superior quality to the shingles described by Paragraph (A); and
(C) match the aesthetics of the property surrounding the owner’s property.

A property owners’ association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of:

(1) the flag of the United States of America;
(2) the flag of the State of Texas; or
(3) an official or replica flag of any branch of the United States armed forces.
(b) A property owners’ association may adopt or enforce reasonable dedicatory instrument provisions:
(1) that require:
(A) the flag of the United States be displayed in accordance with 4 U.S.C. Sections 5-10;
(B) the flag of the State of Texas be displayed in accordance with Chapter 3100, Government Code

A property owners’ association may not enforce or adopt a provision in a dedicatory instrument, including a restrictive covenant, that prohibits a property owner or resident from displaying or affixing on the owner’s or resident’s property or dwelling one or more religious items the display of which is motivated by the owner’s or resident’s sincere religious belief.

Sec. 202.019. STANDBY ELECTRIC GENERATORS (Like a Generac). (a) In this section, “standby electric generator” means a device that converts mechanical energy to electrical energy and is:

(1) powered by natural gas, liquefied petroleum gas, diesel fuel, biodiesel fuel, or hydrogen;
(2) fully enclosed in an integral manufacturer-supplied sound attenuating enclosure;
(3) connected to the main electrical panel of a residence by a manual or automatic transfer switch; and
(4) rated for a generating capacity of not less than seven kilowatts.
(b) Except as provided by this section, a property owners’ association may not adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator.

Security Measures – This is the big one! This is the new law (2021) that many HOAs are trying to get around. Some even make up their own version of the law. They cannot do that!

A property owners’ association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence (which includes your front yard all the way to the perimeter of your property). Other security measures may include security doors and other items deemed useful for the purpose of home security.
(c) This section does not prohibit a property owners’ association from:
(1) prohibiting the installation of a security camera by a property owner in a place other than the property owner’s private property; or
(2) regulating the type of fencing that a property owner may install.