Covenants, conditions, and restrictions, popularly referred to as “CC&Rs,” are the rules governing various aspects of life in a property owners' association. Texas law uses the term “restrictive covenants.” Texas Property Code, Section 202.001(4) states:
(4) Restrictive covenant" means any covenant, condition, or restriction contained in a dedicatory instrument, whether mandatory, prohibitive, permissive, or administrative.
Restrictive covenants are generally found in a document called the "Declaration of Covenants, Conditions, and Restrictions" or "Declaration" for short.
State law does not specifically talk about whether an association can regulate non-political signage, parking, and architectural topics like paint color and mailbox decoration. If you have questions about these kinds of restrictions, you will need to refer to the governing documents for your association.
Texas law places some limits on what a property owners' association can prohibit. There are exceptions for each category, so please read the law itself for complete details. Property owners' associations cannot outright prohibit—but can regulate—the following:
In addition, a property owners' association can neither prohibit nor regulate the following:
This chapter discusses restrictive covenants, their construction, and enforcement. It lists certain restrictions that are prohibited by law and contains a provision related to an association's duty to file dedicatory instruments with the county.
Before the owner can make any changes or additions to a property, they may be required to get approval from an architectural review committee. The committee is generally responsible for overseeing any architectural, structural, and design changes.
Texas Property Code, Section 209.00505 regulates architectural committees in property owners' associations that have 40 or more lots. The rules we discuss in this section apply to these associations only. If an association has an architectural committee, its powers are almost always defined in the declaration of covenants, conditions, and restrictions.
The following persons may not serve on the architectural review committee:
If the architectural committee denies a property owner's proposed changes, it must provide a written notice of the denial by certified mail, hand delivery, or electronically. The notice must describe the basis for denial “in reasonable detail.” If some changes to the proposal would result in committee's approval, the changes must also be listed.
In addition, the notice must allow the owner to request a hearing with the association's board of directors on or before the 30th day from when the notice was mailed. A board hearing, according to Subsection (f), would provide the owner and the board with an "opportunity to discuss, verify facts, and resolve the denial of the owner's application." The board "may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration," per Subsection (i).
This section regulates architectural review authorities in certain associations with more than 40 lots. It requires an appeals process and adds prohibitions on who can serve on an architectural review authority.
There are several ways for a property owners' association to enforce its restrictive covenants. Whether it can exercise the nonjudicial options will depend on the powers granted in the governing documents. An association may:
Exercise of a property owners' association's discretionary authority to enforce covenants is considered reasonable unless proven otherwise. The association or another representative may enforce restrictive covenants by civil litigation or administrative proceedings.
Texas law does not automatically give a property owners' association the right to impose fines. These powers must be granted by the association's governing documents.
If an association is authorized to levy fines, it must develop an enforcement policy and make it available to property owners according to Section 209.0061 of the Texas Property Code.
If an association's has the authority to impose fines for restrictive covenant violations, the association must notify the property owner by mail before imposing the fine. This gives the owner an opportunity to fix the problem and dispute the charge. Notice may not be required for repeated violations.
According to Sect. 209.006, a notice to the owner must contain:
Subsections (h) and (i) provide examples of violations that are "curable" and "uncurable":
| Uncurable | Curable |
|---|---|
| Shooting fireworks | Parking violations |
| An act constituting a threat to public health or safety | Maintenance violations |
| A noise violation that is not ongoing | The failure to have construction projects comply with approved plans or specifications |
| Property damage, including the removal or alteration of landscape | Ongoing noise violations, such as a barking dog |
| Holding a garage sale or other event prohibited by a governing document |
This chapter discusses restrictive covenants, their construction, and enforcement. It lists certain restrictions that are prohibited by law and contains a provision related to an association's duty to file dedicatory instruments with the county.
Before a property owners' association can enforce compliance with restrictive covenants, it must provide a notice to the property owner. Discusses what violations may be "cured" before a fine can be levied.
Effective January 1, 2024. A property owners' association must adopt an enforcement policy regarding levying of fines. The policy must be made available to the property owners.
Texas law does not automatically give a property owners' association the right to enter a private property to fix a violation of the rules. The power to exercise "self-help remedies" must be granted by the declaration of covenants, conditions, and restrictions.
Examples of an association using self-help remedies include:
An association wanting to use a self-help remedy should take great care to follow the exact procedures outlined in the declaration, including any notice requirements. Inappropriate interference with someone's property could constitute trespass under Texas law.
A property owners' association or another “representative designated by an owner” may file a lawsuit to enforce a restrictive covenant. Typically, the end result seeks “specific performance.” This means asking the court to order the property owner to do—or stop doing—a specific action thereby "curing" the violation.
In addition, a court may assess civil damages of up to $200 for each day of the violation.
Generally, this type of suit is filed in state district courts. Justice courts are limited to enforcing residential subdivision deed restrictions, except for restrictions related to structural changes of a dwelling. A justice court cannot order specific performance, unlike a district court. Instead, it can assess civil damages of up to $200 for each day of each violation.
Failing to comply with a court order can carry additional penalties such as fines and jail time.
Exercise of a property owners' association's discretionary authority to enforce covenants is considered reasonable unless proven otherwise. The association or another representative may enforce restrictive covenants by civil litigation or administrative proceedings.
This section gives justice courts jurisdiction in cases relating to the enforcement of a deed restriction of a residential subdivision that does not concern a structural change to a dwelling.
