Home renovations can significantly change the appearance and character of a community. For Texas homeowners’ associations (HOAs), maintaining consistent standards while allowing reasonable improvements can be an important part of protecting the community and the interests of its members.
That is why many HOA communities have rules governing renovations and architectural changes. When a homeowner wants to make an improvement, the association may need to determine whether the proposed work complies with the community’s governing documents and applicable Texas law.
What renovations can an HOA restrict?
An HOA may have architectural guidelines, restrictive covenants or other dedicatory instruments that regulate improvements to homes within the community. These rules can address matters such as exterior appearance, building materials, additions, landscaping, fences and other changes visible from outside the property.
Texas law recognizes these governing documents as part of the framework for regulating planned residential communities. As such, HOAs generally have some authority to restrict certain renovations when that authority is provided by the community’s governing documents.
How to handle a renovation request
When reviewing a homeowner’s renovation request, an HOA should start with the governing documents. The board or architectural review committee should determine whether the proposed improvement complies with the relevant restrictions and whether the association is following the procedures established for reviewing these requests.
A denial should be grounded in the governing documents or other applicable requirements. Following a fair and consistent process when reviewing renovation requests can help protect the association’s interests while ensuring that decisions are made in accordance with the community’s governing documents and Texas law.
If questions or disputes arise over a renovation request, professional legal guidance can help the board or architectural review committee determine the scope of its authority, interpret the governing documents and respond appropriately.