HOAs keep communities looking good, run the pools, and maintain the parks. They also have rules, and sometimes it can feel like there is a rule for everything.
But Texas law draws some lines HOAs cannot cross. The Texas Property Code protects homeowners' rights to do certain things, even when an older deed restriction says otherwise. Here are seven things your Texas HOA generally cannot stop you from doing, plus three protections that apply if you ever get a violation notice.
Quick answer: Under the Texas Property Code, HOAs generally cannot prohibit solar panels, certain energy-efficient or impact-resistant shingles, the U.S. and Texas flags, religious items on your front door, rain barrels, drought-resistant landscaping, or standby generators. HOAs can still set reasonable rules about how and where these are installed.
The Big Caveat
These protections are not a free-for-all. In most cases, the law still lets HOAs adopt reasonable rules about placement, size, and appearance, and some protections have exceptions. Always check your HOA's rules and submit any required approval request before you start a project.
1. Install Solar Panels
Under Texas Property Code Section 202.010, an HOA generally may not prohibit or restrict a homeowner from installing a solar energy device. HOAs can still regulate certain details, and during a community's development period, the developer may restrict solar installations.
2. Choose Tougher or More Efficient Shingles
Section 202.011 protects your right to install shingles designed to be wind and hail resistant, to provide better heating and cooling efficiency than standard composite shingles, or to generate solar power.
3. Fly the American and Texas Flags
Texas law protects homeowners' right to display the U.S. flag, the Texas flag, and flags of the U.S. armed forces, as long as they are displayed consistently with federal flag law. HOAs can set reasonable rules about how flags are displayed.
4. Display Religious Items on Your Front Door
Section 202.018 says an HOA generally may not prohibit a homeowner or resident from displaying religious items on the entry to their home if the display is motivated by sincere religious belief. Limits apply. For example, the items generally may not extend past the outer edge of the door frame, and HOAs can still prohibit displays that threaten public safety or are patently offensive for reasons other than religious content.
5. Install Rain Barrels and Efficient Irrigation
Section 202.007 prevents HOAs from prohibiting rain barrels or rainwater harvesting systems and efficient irrigation systems, such as underground drip systems. Composting is also protected.
6. Use Drought-Resistant Landscaping
The same section protects drought-resistant landscaping and water-conserving natural turf. Your HOA can require you to submit a plan for approval, but it may not unreasonably deny or withhold approval.
7. Install a Standby Generator
Section 202.019 addresses standby electric generators, and HOAs generally cannot prohibit them outright. If you are thinking about backup power after a freeze or hurricane, check your HOA's rules first. (See Winter-Ready: How to Protect Your Houston Home From a Hard Freeze.)
If You Get a Violation Notice
Chapter 209 of the Texas Property Code, the Texas Residential Property Owners Protection Act, also gives homeowners important protections:
- Notice and a chance to fix it. Before fining you, the HOA generally must send a notice describing the violation. If the violation is curable and does not threaten public health or safety, you are entitled to a reasonable period to cure it. If you cure it before that deadline, a fine may not be assessed.
- The right to a hearing. You can request a hearing before the board on or before the 30th day after the notice was mailed.
- A payment plan. If you fall behind on assessments, an HOA with more than 14 lots must offer an alternative payment schedule of at least three months without additional monetary penalties. The HOA does not have to offer a payment plan more than once in a 12-month period.
You also have the right to access the HOA's books and records, following its request process.
This post is general information, not legal advice. For a specific HOA dispute, talk to a Texas real estate attorney.
Frequently Asked Questions
Can my Texas HOA stop me from installing solar panels? Generally, no. Texas Property Code Section 202.010 says an HOA generally may not prohibit or restrict solar energy devices, though it can regulate certain details and a developer may restrict them during the development period.
Can my HOA fine me without warning? Generally, no. Before fining you, the HOA must send notice. If the violation is curable and not a safety threat, you get a reasonable period to fix it, and if you cure it in time, no fine may be assessed.
Do I have to get approval for drought-resistant landscaping? Your HOA can require you to submit a plan, but Texas law says it may not unreasonably deny or withhold approval.
Can I set up a payment plan for HOA dues? If your HOA has more than 14 lots, it must offer an alternative payment schedule of at least three months without additional monetary penalties, though not more than once in a 12-month period.
Know the Rules Before You Buy
Every HOA is different. Ryan Adams and The Adams Group TX help buyers review HOA fees and rules before they make an offer, so there are no surprises after move-in. Call us at (832) 308-7633 or visit us at 5822 Sienna Parkway, Suite 500, Missouri City, TX 77459.
