While some homeowners might dislike them, HOA rules serve an important purpose. They help communities remain organized and visually appealing. Understanding the different rules in your HOA community is essential to staying in compliance.
Are HOA Rules Legal in Texas?
Homeowners associations in Texas generally have the authority to impose and enforce rules and regulations. Associations may also refer to them as restrictive covenants, which are defined as “any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative” under the Texas Property Code (Section 202.001).
That said, the extent of an HOA’s authority can vary depending on the law and its governing documents. The Texas Property Code also dictates specific rules that an HOA cannot prohibit (discussed below).
What are the Governing Documents of an HOA?
Homeowners should familiarize themselves with the different governing documents of an HOA. Each document plays a crucial role in the association’s functioning, operation, and management.
According to Texas law (Section 202.006), homeowners associations must record their governing documents to make them publicly available. This promotes transparency and ease of access for members.
The governing documents of an HOA are as follows:
Recorded Plat or Map
The record plat or map is a document that outlines property boundaries and easements. It provides a clear legal description of the community’s layout, and an HOA can accurately mark all lots and common areas with this document.
Other markings can include:
- Vehicular access restrictions
- Restrictions on landscaping
- Handicapped parking spaces
- Requirements for lighting
- Specifications for trash enclosures
- Areas for future development
Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs outline the rights and obligations of both homeowners and the HOA. This document typically includes rules about assessment payments, maintenance duties, and the authority to enforce regulations. It also provides procedures for addressing disputes and violations within the community.
Often referred to as the community’s rulebook, the CC&Rs guide homeowners on acceptable property use and other HOA-related activities. Before buying a property in an HOA, homeowners are made aware of the CC&Rs and must agree to them, sometimes by signing a formal acknowledgment.
If a homeowner breaches a covenant, certain consequences can follow.
Articles of Incorporation
The Articles of Incorporation provide critical details about the HOA, including its legal name, address, and corporate status. Some versions also outline a few basic functions of the association. While important, this document is relatively brief. The HOA files it with the state to establish the association.
Homeowners Association Bylaws
The HOA bylaws outline key details about how the association operates. Similar to a business, the HOA is managed by a board of directors. The bylaws specify operational procedures, including meeting schedules, how meetings are conducted, and voting rights. They also define the number of board members and the roles and responsibilities of each member.
HOA Rules and Regulations
While the CC&Rs and bylaws establish the HOA board’s procedures and responsibilities, the rules and regulations address daily operations. These may include guidelines for clubhouse usage, pet policies, or architectural and landscaping requirements. The operational rules often expound on the CC&Rs, going into more detail.
Rules and regulations can change, but the board must ensure new rules align with existing governing documents. It’s wise to have an attorney review proposed changes to confirm they fall within the HOA’s authority.
Where to Find HOA Governing Documents
When a homeowner first buys a home, the seller or HOA usually provides them with a copy of the governing documents at the time of closing. However, it’s not unusual for homeowners to lose their copy. Additionally, the HOA may have amended the documents since the home purchase.
Several other ways to find the HOA governing documents exist. These include visiting the community website, asking the management company, submitting a request to the HOA board, or turning to public records.
- Community Website. Many associations publish their governing documents on an HOA website or app, making it easier for residents to access them at a moment’s notice.
- Management Company. If the HOA is professionally managed, homeowners can ask the community manager for a copy of the governing documents.
- HOA Board. Homeowners can typically request a copy of the governing documents by approaching their HOA board, too.
- Public Records. In Texas, HOAs must record their governing documents publicly. As such, homeowners can access them by visiting their county’s real property records office.
Remember that homeowners have a right to access and examine the governing documents. Section 209.005 of the Texas Property Code covers this and consists of specific requirements. If the HOA refuses to comply with a reasonable request, homeowners may seek relief in justice court.
Common Homeowners Association Rules
Although HOA rules can vary from one community to another, some are more common than others.
- Exterior Modifications. Homeowners must typically follow architectural guidelines and seek approval before making any changes to the exterior of their homes.
- Landscaping Standards. An HOA may require owners to maintain their lawns and landscaping with specific guidelines.
- Parking Rules. These often limit street parking (on private streets) or prohibit certain vehicles like trailers.
- Noise Limits. It’s common for HOAs to impose noise restrictions, especially during certain hours of the day.
- Pet Policies. Pet restrictions can include leash rules, breed limitations, and limits on the number of pets owners can keep.
- Property Use. Some HOAs have rules concerning property use, such as commercial-use bans or rental restrictions.
Prohibited HOA Rules and Regulations
There are some rules that HOAs can’t enforce according to Texas law. Of course, it’s worth noting that each category can have exceptions. It’s best to read through the laws or ask a legal professional for guidance.
Homeowners associations in Texas can’t outright prohibit homeowners from the following:
- Displaying the American flag, Texas flag, or U.S. Armed Forces flag (Section 202.012)
- Displaying political signs during election periods (Section 259.002)
- Using rain barrels, composting systems, efficient irrigation, or drought-resistant landscaping (Section 202.007)
- Displaying religious items (Section 202.018)
- Installing security measures such as cameras, motion detectors, or perimeter fencing (Section 202.023)
- Adding solar panels and energy devices (Section 202.010)
- Installing standby electric generators (Section 202.019)
- Building swimming pool enclosures (Section 202.022)
- Using shingles resistant to wind or hail or those that improve energy efficiency (Section 202.011)
Additionally, HOAs can’t prohibit or regulate:
- Lemonade stands (Section 202.020)
- Possession of firearms or ammunition (Section 202.021)
Enforcement of HOA Regulations
There are a few ways an HOA can enforce its rules. However, it ultimately depends on what its governing documents allow. Common methods of enforcement include:
- Charging a monetary fine
- Remedying the violation and subsequently charging the homeowner for the cost (self-help remedy)
- Filing a civil lawsuit
It’s important to remember that Texas law doesn’t implicitly or explicitly give HOAs the authority to charge fines. The HOA’s governing documents must indicate this power. If the governing documents allow your HOA to levy fines, Section 209.0061 dictates that your HOA must have an enforcement policy. Furthermore, your HOA must make this policy available to all members.
Similarly, Texas law doesn’t implicitly or explicitly give HOAs the authority to exercise self-help remedies. This authority must also be granted by the governing documents.
A Worthwhile Cause
It’s often hard to grasp the purpose of HOA rules. However, without these rules, the HOA community would quickly become disorganized and fall into disrepair. These rules are designed to maintain peace and order and preserve the neighborhood’s appeal and property values.
Graham Management offers exceptional HOA management services, including help with managing violations, to communities in Houston. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more.
{
"@context": "https://schema.org",
"@type": "BlogPosting",
"headline": "HOA Rules 101: Governing Documents And Enforcement",
"image": [
""
],
"datePublished": "2024-11-20T07:00:00+08:00",
"author": {
"@type": "Person",
"name": "The Graham Management Team"
},
"publisher": {
"@type": "Organization",
"name": "Graham Management",
"logo": {
"@type": "ImageObject",
"url": "https://graham-management-inc-v1730992476.websitepro-cdn.com/wp-content/smush-webp/2024/02/Graham-Management-_-Logo-_SHADOW.png.webp"
}
},
"description": "The experts at Graham Management discuss HOA rules."
}
{
"@context": "https://schema.org",
"@type": "FAQPage",
"mainEntity": [{
"@type": "Question",
"name": "Are HOA Rules Legal in Texas?",
"acceptedAnswer": {
"@type": "Answer",
"text": "Homeowners associations in Texas generally have the authority to impose and enforce rules and regulations. Associations may refer to them as restrictive covenants as well, which are defined as “any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative” under the Texas Property Code (Section 202.001). That said, the extent of an HOA’s authority can vary depending on the law and its governing documents. The Texas Property Code also dictates certain rules that an HOA cannot prohibit (discussed below)."
}
}, {
"@type": "Question",
"name": "What are the Governing Documents of an HOA?",
"acceptedAnswer": {
"@type": "Answer",
"text": "The governing documents of an HOA are as follows: Recorded Plat or Map, Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Articles of Incorporation, Homeowners Association Bylaws, and HOA Rules and Regulations."
}
}, {
"@type": "Question",
"name": "Where do I find HOA governing documents?",
"acceptedAnswer": {
"@type": "Answer",
"text": "When a homeowner first buys a home, the seller or HOA provides them with a copy of the governing documents. This usually takes place at the time of closing. However, it’s not unusual for homeowners to lose their copy. Additionally, the HOA may have amended the documents since the purchase of the home. There are several other ways to find the HOA governing documents. These include visiting the community website, asking the management company, putting in a request with the HOA board, or turning to public records."
}
}, {
"@type": "Question",
"name": "Where do I find HOA rules?",
"acceptedAnswer": {
"@type": "Answer",
"text":"When a homeowner first buys a home, the seller or HOA provides them with a copy of the governing documents. This usually takes place at the time of closing. However, it’s not unusual for homeowners to lose their copy. Additionally, the HOA may have amended the documents since the purchase of the home. There are several other ways to find the HOA governing documents. These include visiting the community website, asking the management company, putting in a request with the HOA board, or turning to public records."}
}, {
"@type": "Question",
"name": "What are prohibited HOA rules in Texas?",
"acceptedAnswer": {
"@type": "Answer",
"text":"Homeowners associations in Texas can’t outright prohibit homeowners from the following: Displaying the American flag, Texas flag, or U.S. Armed Forces flag (Section 202.012); Displaying political signs during election periods (Section 259.002); Using rain barrels, composting systems, efficient irrigation, or drought-resistant landscaping (Section 202.007); Displaying religious items (Section 202.018); Installing security measures such as cameras, motion detectors, or perimeter fencing (Section 202.023); Adding solar panels and energy devices (Section 202.010); Installing standby electric generators (Section 202.019); Building swimming pool enclosures (Section 202.022); and, Using shingles resistant to wind or hail or those that improve energy efficiency (Section 202.011). Additionally, HOAs can’t prohibit or regulate: Lemonade stands (Section 202.020) and Possession of firearms or ammunition (Section 202.021)."}},
{
"@type": "Question",
"name": "Can HOA fine you in Texas?",
"acceptedAnswer": {
"@type": "Answer",
"text":"It’s important to remember that Texas law doesn’t implicitly or explicitly give HOAs the authority to charge fines. The HOA’s governing documents must indicate this power. If the governing documents allow your HOA to levy fines, Section 209.0061 dictates that your HOA must have an enforcement policy. Furthermore, your HOA must make this policy available to all members."}
}]
}