Texas HOA rules: Everything you need to know

What are Texas HOA rules?

Texas HOA rules are guidelines adopted by homeowners associations to regulate property use, maintain community standards, and manage shared spaces. These rules are typically outlined in the association’s governing documents. In Texas, HOA rules must comply with state laws, primarily the Texas Property Code. HOAs can adopt and amend rules to address issues specific to their community, but those rules must be consistent with their recorded governing documents. Homeowners are required to follow these rules once they purchase property in an HOA community.

The purpose of Texas HOA rules is to protect property values and provide structure for managing common areas. Whether you live in a single-family subdivision or a planned townhome community, understanding these rules is critical to avoiding violations and participating effectively in the community. Many Texas boards work with an HOA management company like FirstService Residential to help guide this process.

This article is not intended to and does not constitute legal advice or create an attorney-client relationship. Board members should consult their association’s attorney to discuss the legal implications of their decisions or actions prior to proceeding.
 

HOA rule examples

Texas HOA rules vary from one community to another, but most address common issues related to property use, appearance, and shared amenities.

Common examples of Texas HOA rules include:

• Architectural guidelines: Many HOAs regulate exterior paint colors, roof replacements, and fence styles to keep a consistent look throughout the community. Some require prior approval for major modifications.
   
• Landscaping standards: HOAs may set requirements for lawn care, tree trimming, and removal of dead plants. In drought-prone areas of Texas, rules may also address water-wise landscaping.
   
• Parking restrictions: Rules often limit where residents and guests can park, prohibiting long-term street parking or commercial vehicles in driveways.
   
• Noise regulations: Quiet hours are common, especially in communities with shared walls or townhomes.
   
• Short-term rental limits: Some HOAs restrict or prohibit rentals through platforms like Airbnb or VRBO, while others allow them with conditions.
   
• Amenity use policies: Pools, clubhouses, and playgrounds often have posted rules for hours of use, guest access, and safety requirements.

Before making any changes to your property, review your CC&Rs and any published rules. Homeowners are typically required to submit requests for modifications or exceptions, and proceeding without approval can result in fines or removal of unapproved changes.
 

Homeowner rights

Homeowners in Texas have specific rights under the Texas Property Code, regardless of what their HOA’s rules say. These rights are designed to balance the HOA’s authority with homeowner protections.

Important homeowner rights related to Texas HOA rules typically include:

• Access to records: Owners can request to review certain financial statements, meeting minutes, and governing documents.
   
• Meeting participation: HOAs must hold annual meetings and allow homeowners to attend and vote in board elections.
   
• Notice of fines and hearings: Before imposing a fine or penalty, the HOA must typically send written notice and give the owner an opportunity for a hearing.
   
• Right to dispute enforcement actions: Homeowners may challenge fines, rule changes, or other enforcement actions through formal hearings.

Knowing your rights can help you advocate for yourself while still complying with the rules. If you believe your rights are being violated, consult your governing documents first.
 

Communicating rule changes to residents

When establishing new regulations for your community, be clear and concise when communicating with residents. Educating residents is key to getting them to comply and follow the new rules. The board should clearly state the reason for setting the new policy, explain what new rules entail, and enforce them consistently. Communicate to all residents via multiple channels like email, message boards in common areas, the community’s newsletter, social media, and even mail.

Though people don’t usually think of new rules as exciting or welcome news, sometimes a rule change means that residents have access to more parking or can do more extensive landscaping. It is essential to keep residents in the loop about new regulations because not only does it help them to be compliant, but it can also help with community engagement and resident satisfaction.
 

HOA rule enforcement

While most residents will comply with policies, it is important to remember that every community has a small percentage of compliance issues. That is why it is essential to draft a detailed enforcement plan that lays out what steps will be taken if a resident violates a regulation. That includes initial warnings, written notices, fines, and legal next steps so that residents understand the process and the penalties for breaking the rules.

Enforcing the rules is key to maintaining the property’s value and the residents’ safety, so the community should enforce them consistently. It is crucial to be fair when drafting new regulations, and it is equally important to enforce them fairly. Just as in any business, a new policy should never discriminate based on race, color, national origin, sex, or religion. However, there are times and circumstances that may require a special exemption. For example, board members may pass a special resolution to allow a service dog that exceeds the weight limitation in their pet policy. In situations like these, boards should review requests on a case-by-case basis and pass a special resolution if necessary. Keep in mind that these variances set a precedent for your association, and residents may point to these variances to validate their own exemption requests.
 

Recent legal updates

Texas lawmakers have introduced key changes that affect how associations operate and how homeowners are protected:

• House Bill 614 (2024): Requires boards that are authorized to levy fines to adopt a written enforcement policy listing covenant categories, a fine schedule, and hearing procedures, and to either post it on a member‑accessible website or deliver a copy to each owner annually.
   
• House Bill 1193 (2023): Under Section 202.024 of the Texas Property Code, HOAs are now prohibited from enforcing lease restrictions based on a tenant’s payment method, including housing vouchers.
   
• Security measures protection (2021): Texas Property Code Section 202.023 prohibits HOAs from banning homeowners from installing reasonable security measures such as security cameras, motion detectors, or perimeter fences, though reasonable appearance and placement restrictions are allowed.

These updates shape what associations can regulate and how they must manage enforcement. Boards should review their governing documents to ensure compliance and consult legal counsel when making changes.
 

Final thoughts

Your board can create new HOA rules and regulations that enhance not only your community but also your residents’ lives. FirstService Residential is here to guide you toward establishing rules that make sense and make improvements. For more information about governing documents, rule enforcement, or areas where your board can improve, contact FirstService Residential today.