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Can your HOA make you take down a religious display?

On Behalf of | Jun 1, 2022 | HOA Law |

There are pros and cons that come with living under a Texas homeowner’s association. On the plus side, you have certain protections that prevent irresponsible neighbors from neglecting their properties and potentially compromising the value of your own. On the other hand, you have to follow the rules of your HOA, and sometimes, they may feel ridiculous. However, there are certain limits to what your HOA may order you to do, and this is especially true when it comes to your religious freedom.

Per The Daily Citizen, almost 60% of the nation’s homeowners currently live under HOA guidelines. If your Texas community has an HOA, know that it may no longer prevent you from expressing your religious freedom through flags, displays or similar items.

Proponent arguments

Those in favor of limiting an HOA’s ability to make you take down religious displays argued that the HOA does not own private homeowner properties and should therefore not be able to enact overly burdensome restrictions. Texas legislators were overwhelmingly in favor of the bill and passed it with ease in 2021.

Opponent arguments

Some believe that banning an HOA’s ability to prohibit religious displays may open up a can of worms and lead to arguments over what does and does not constitute an expression of religious freedom. For example, some say the passage of the rule allows for the public display of satanic or similar symbols that some may find alarming or offensive.

Many other states are taking cues from Texas and making similar moves in terms of limiting the power of HOAs that operate within them.