Restrictive covenants are rules that govern how property owners can use their property within a homeowners’ association (HOA). These rules help maintain community standards and property values. But as communities evolve, so too must their rules.
Typically, the HOA board or a specified percentage of property owners can propose amendments. However, the Texas Property Code establishes certain boundaries on what HOAs can change and how they can change it.
What can and can’t be amended?
HOAs can typically amend restrictive covenants related to:
- Architectural controls (like paint colors or fence styles)
- Maintenance requirements
- Use of common areas
- Assessment procedures
- General community guidelines
Amendments must not violate state or federal laws. They can’t unreasonably restrict how an owner uses their property or remove fundamental rights granted in the original covenant without proper procedures.
Changes also can’t discriminate against protected groups, such as those based on race, religion or disability. When considering amendments, HOAs should always consult a legal professional to make sure they stay within the bounds of the law.
Notifying property owners
Texas law requires HOAs to provide written notice of proposed amendments to all property owners. They must include the full text of the amendment in this notice. For votes taken at a meeting, HOAs must send a notice at least 10 days before – but no more than 60 days before – the meeting.
For votes not taken at a meeting, HOAs must provide a notice at least 20 days before the deadline for submitting ballots. This ensures transparency and gives homeowners a chance to understand and weigh in on proposed changes.
Voting procedures
For important matters like amending covenants, votes must be in writing and signed by the member, with electronic votes considered equivalent to written and signed ballots. HOAs may adopt rules allowing for secret ballots in certain situations as long as these rules comply with state law requirements. Texas law sets the default approval threshold at 67% of the total votes unless the HOA’s existing declaration specifies a lower percentage.
Ensure legal compliance
The process of amending restrictive covenants can be complicated, with many legal considerations to keep in mind. To protect your HOA’s interests and ensure full compliance with Texas law, consider reaching out to an attorney.