Navigating Texas fence laws alongside homeowners association rules can be a challenge, especially for new board members. It is important to understand state laws on fencing and ensure HOA rules comply with them. In doing so, board members can avoid potential liability while simultaneously preserving property values.
What are Texas Fence Laws?
Texas is home to many residential properties, with a large number of these sharing fences. Fences serve a handful of purposes. They support boundary lines, add to the appearance or character of a property, and offer enhanced security. Still, homeowners should understand the regulations that apply to fences.
When it comes to shared fence laws in Texas, perhaps one of the most common sources of conflict is maintenance responsibility. This responsibility typically falls on the owner of the fence, but when the fence is shared between two owners, the lines can quickly get blurred.
Texas law does not have a specific law that governs shared fences. That said, over the years, there have been court cases that set precedents. Without an owner’s consent, they are not legally required to contribute to the maintenance expenses of a fence that their neighbor has built.
Good Neighbor Fence Law Texas
A Good Neighbor Fence is a fence that divides two properties. This fence is visually appealing when viewed from either side. Instead of one side showing the panels and the other showing the skeleton, both sides feature an alternating design.
With this type of fence, both homeowners agree to share the responsibility for maintaining and repairing the fence, as well as covering any other costs associated with its upkeep. This setup makes it easy for homeowners to determine who must shoulder the cost of maintaining shared fences.
To have a Good Neighbor Fence, the two homeowners who share it must enter a written agreement. This agreement should outline the obligations of each homeowner regarding construction, expenses, and upkeep. With a written agreement in place, both owners can protect their interests and prevent future disputes.
Understanding Texas HOA Fence Rules
Homeowners associations are known for enforcing strict rules that residents must follow. It is not surprising for an HOA to have regulations about property maintenance and appearance, too, which may include fencing.
That said, a new Texas fence law passed in 2021 under Senate Bill 1588 addresses fencing in HOA communities. According to this law, associations can’t prohibit a homeowner from installing certain types of fencing on their property.
Section 202.023 states that HOAs can’t prohibit the installation of perimeter fencing. Meanwhile, Section 202.022 states that HOAs can’t prohibit the installation of swimming pool enclosures, which is a type of fencing. Associations may still enact HOA fence rules in Texas that would regulate the appearance of the enclosure and the type of fencing that can be used.
Common Rules on HOA Fences
Although Texas law prohibits a total ban on fencing in HOAs, that doesn’t mean an HOA can’t impose regulations. Here are the most common homeowners association fence rules.
1. Architecture Approval
It is typical for an HOA to require homeowners to seek approval from the board or an Architectural Review Committee before installing a fence. This is to ensure that the fence complies with the community’s architectural standards.
The reason behind this is simple. Communities have an obligation to maintain curb appeal and protect property values. A big part of that is ensuring that the neighborhood projects a uniform character and appearance. A hot pink fence in the middle of a sea of white picket fences will certainly stick out like a sore thumb.
Before proceeding with construction, homeowners must usually submit a form complete with all the details of the proposed fence. This includes the height of the fence, the materials to be used, and its color. Some HOAs even require owners to hire a licensed and insured contractor for the job.
Homeowners should be careful not to install a fence without HOA approval. Doing so can result in a violation, which often comes with a monetary fine. The association may also ask the owner to remove the fence (at their own expense) and go through the proper approval channels before restarting construction.
2. Materials and Color
Many homeowners associations regulate the type of materials a resident may use to construct the fence. For example, an HOA may not allow metal fencing and strictly require wood fencing.
Additionally, most HOAs have a color palette that homeowners must adhere to. This includes colors for fences. If an HOA, for instance, only allows shades of white or brown for fencing, a homeowner can’t paint their fence bright yellow.
Homeowners should check their architectural rules and HOA fence regulations before making any decisions. The Architectural Review Committee can also reject an owner’s request if the materials and colors do not align with these rules.
3. Maintenance and Repairs
More often than not, HOAs are responsible for maintaining common areas, while homeowners are responsible for maintaining their properties. This responsibility also extends to property fences. Most HOAs require residents to perform routine maintenance on their fences. That means cleaning the fence regularly and repainting when needed.
Moreover, it is normal for an HOA to require owners to secure the fence and inspect it for stability periodically. This supports the safety of both homeowners and their neighbors, especially with inclement weather. If repairs are necessary, the homeowner will also have to shoulder the cost of the repairs.
Frequently Asked Questions
Here are some commonly asked questions about the fence law in Texas.
Are there any Texas fence height laws?
There is no statewide law that regulates fence heights in Texas. That said, some local areas may have such regulations and restrictions. Additionally, an HOA might also have a minimum and maximum height for fencing in these communities.
Can I remove neighbors fence on my property in Texas?
Assuming the fence isn’t a Good Neighbor Fence, a homeowner may remove a neighbor’s fence on their property, but they must provide the neighbor six months’ written notice. This applies even if the fence is a dividing fence with their neighbor.
The Final Word
Board members and homeowners should know the ins and outs of Texas fence laws. Although Texas prohibits HOAs from banning fencing altogether, associations may still regulate it. It is important to check the HOA’s governing documents for specific fence rules.
Graham Management provides exceptional and reliable HOA management services to Houston communities. Call us today at (713) 334-8000, request a proposal, or contact us online to learn more!
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