What a Texas HOA Can and Cannot Make You Do

Homeowners associations in Texas have more authority than most buyers expect over some things and less than most owners believe over others, and knowing which is which saves a great deal of argument.

This is an orientation rather than legal advice. For a specific dispute, use a Texas attorney who handles property owners association matters.

What an Association Actually Is

A property owners association is created by recorded deed restrictions, which are private agreements that run with the land. Buying in the community means accepting them, whether or not you read them.

Three documents govern nearly everything:

• The declaration of covenants, conditions and restrictions, which is the fundamental document.
• The bylaws, which govern how the association operates.
• The rules and architectural guidelines, which are more detailed and easier for the board to change.

State law then overlays a set of protections that limit what those documents can do. That interaction is the whole subject of this post.

Where State Law Overrides the Deed Restrictions

Texas has legislated in a number of areas where associations were previously free to prohibit. In each case the general pattern is the same: the association may regulate reasonably, and may not prohibit outright.

• Solar energy devices. An association generally cannot ban them on a homestead, though it may regulate placement and appearance within defined limits and require approval.
• Flags. Display of the United States flag, the Texas flag and certain other flags is protected, subject to reasonable regulation of size, number and placement.
• Religious displays. Items motivated by religious faith may generally be displayed on an entry door or door frame, within stated limits.
• Rainwater harvesting. Associations may not prohibit rain barrels or rainwater harvesting systems outright, though they may regulate appearance and location.
• Certain roofing materials. Associations generally cannot prohibit shingles meeting defined standards for wind and hail resistance and energy efficiency, which matters a great deal in this region. Why roofing standards matter here.
• Drought-resistant landscaping. Associations may not prohibit water-conserving natural turf or drought-tolerant landscaping outright, subject to regulation.
• Political signs. Display is protected within defined periods and limits before an election.

The practical lesson: if an association tells you something in this list is banned, check rather than accept. The declaration may say so and the statute may say otherwise. Get the current statutory position from a Texas attorney rather than from a board member.

The Powers That Are Real

Equally, a great deal of what associations do is entirely enforceable and is what you signed up for:

• Architectural control. Approval requirements for exterior modifications, additions, paint colours, fences, structures and landscaping changes.
• Assessments.Regular and special, and the authority to increase them within the declaration’s limits.
• Leasing restrictions. Minimum lease terms, registration requirements and caps on the proportion of leased homes. These are enforceable and they are the single most important thing an investor should check. Why this matters for short-term rental.
• Parking, vehicles and storage. Commercial vehicles, boats, trailers and long-term street parking.
• Fines and enforcement, subject to statutory notice and hearing requirements.
• Rules about pets, occupancy and use, within legal limits.

None of that is unreasonable in itself. It is the mechanism by which a community keeps its standards, and it is the product a lot of buyers are actually purchasing. How to compare communities on this.

The Foreclosure Power

This is the one owners most underestimate. A Texas property owners association can, for unpaid assessments, ultimately foreclose on a lien against the property.

Texas has added meaningful protections around this, and the general shape is:

• Notice requirements before enforcement action proceeds.
• An opportunity to enter a payment plan in defined circumstances.
• A court order requirement for many associations before a foreclosure sale.
• A right of redemption for the owner after a sale, within a statutory period.

The practical advice is simple and important: never ignore association correspondence about unpaid assessments. Small amounts accumulate fees and legal costs quickly, and the outcome at the end of that process is not proportionate to where it started. If you cannot pay, ask for the payment plan in writing.

What to Read Before You Buy

You are entitled to the association documents, and the option period is when to read them. The checklist:

1. The resale certificate, which summarises dues, any amounts owing on the property, and known violations.
2. The recorded declaration, in full. Not a summary.
3. The rules and architectural guidelines.
4. The current budget and the reserve study. A thin reserve on ageing amenities is a special assessment waiting to happen.
5. The last two years of meeting minutes, if available. This is where you learn about disputes, planned increases and pending litigation.
6. Leasing restrictions specifically, if you might ever let the house.
7. Total monthly obligation including any sub-association, because a master fee is frequently not the whole number.

Also check separately whether the community carries a PID assessment or a MUD, which are not the HOA and which add to the annual cost. HOA vs MUD vs PID.

If You Are in a Dispute

1. Put everything in writing and keep copies with dates.
2. Read the declaration yourself rather than relying on what the board says it means.
3. Check whether state law limits the association’s position, particularly in the protected areas listed above.
4. Use the statutory notice and hearing process. Texas provides procedural protections before fines and enforcement, and they only help if you engage with them.
5. Request the association’s books and records, which owners generally have a right to inspect.
6. Get an attorney early if the amount is meaningful. Association disputes escalate in cost quickly, and the fee provisions in these documents usually favour the association.

And the most effective step of all, which is unglamorous: attend a meeting and stand for the board. The rules in most communities are made by whoever turns up.