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3 areas Texas HOAs can govern

On Behalf of | Sep 19, 2022 | HOA Law |

Texas homeowners who live in areas governed by a homeowner’s association may find themselves subject to that entity’s rules and laws. According to the Texas State Law Library, these rules, commonly known as covenants, conditions and restrictions, may vary from HOA to HOA.

Some homeowners who live within the governing reach of an HOA may believe that state or local laws may supersede laws made by such a body; however, they may want to remain aware of a few ruling powers an HOA may have over their properties within a created or planned community.

1. Compost and rainwater recycling

An HOA may rule how homeowners handle compost heaps and whether they may recycle rainwater with the use of rain barrels or other containers designed to catch and direct precipitation. This may include what kinds of trees and flora homeowners may grow or place on their property if they need special types of irrigation or are not resistant to drought. An HOA may also restrict or ban compost heaps, depending on their location or size.

2. Solar energy panels

Texas homeowners subject to HOA rules may want to check with their governing office before they install any type of solar devices, from roofing panels to driveway markers that run on solar energy. In many cases, solar devices are often prohibited in common areas of a planned community or in areas owned by the HOA instead of a homeowner.

3. Flags and flagpoles

Any Texas HOA can restrict what type of flag homeowners fly and advise them about how to erect and maintain a flagpole in a way that meets the group’s standards. Rules may also govern other conditions, such as the size and overalls conditions of a flag.

Regulations concerning swimming pool dimensions and the display of religious items may also fall under HOA jurisdiction. Homeowners may want to ask about specific CC&R laws before joining such an entity.