Texas HB 3571 (Property Code 202.023): HOA Limits on Security Cameras and Fences

Quick Answer

Texas House Bill 3571 (2021) added Property Code § 202.023. It says a property owners' association "may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence." An association may still bar cameras placed off the owner's private property and may regulate the type of fencing. The statute's history note gives an effective date of June 15, 2021. Condominiums and master mixed-use associations are excluded.

At a Glance

What the Law Says

The bill adds one new section to Chapter 202 with three subsections.

• Exclusions, (a): the section "does not apply to" a condominium as defined by Section 81.002 or 82.003, or a master mixed-use property owners' association subject to Chapter 215.
• Prohibition, (b): "Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence."
• What remains allowed, (c): the section does not prohibit an association from "prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property," or from "regulating the type of fencing that a property owner may install."

Two points about the wording. The list in (b) is open ("including but not limited to"), so other security measures can fall within it. And the prohibition is on a "restrictive covenant." The bill does not use the broader phrase "dedicatory instrument" in (b); whether a board-adopted rule is a restrictive covenant for this purpose is a question for counsel (open question).

2025 changes to the same section

The current text of § 202.023, as shown on Justia's 2025 Texas Statutes page, adds to subsection (c) and adds (d) and (e) from S.B. 711 (2025, effective September 1, 2025). Subsection (c) now also lets an association prohibit fencing that obstructs a license area, a public-use sidewalk or a drainage easement or area, require a driveway gate set back at least 10 feet from the right-of-way at certain roadways, and, if a restrictive covenant provides, prohibit fencing in front of the front-most building line. Subsection (d) lets an owner keep perimeter or front fencing installed before September 1, 2025, and (e) overrides (c)(5) for owners whose address is exempt from public disclosure or who provide law enforcement documentation of a need for enhanced security. Those changes are covered on the S.B. 711 page.

What This Means in Practice

For boards

• A blanket covenant against cameras, motion detectors or perimeter fences on an owner's lot is, under (b), something the association may not adopt or enforce (outside the excluded associations).
• The association keeps two tools from the 2021 text: it may bar a camera placed anywhere other than the owner's private property (for example on a shared pole or common area), and it may regulate fence type (material, height and style standards, for example). The text says "type of fencing"; whether a particular standard counts as regulating type is a question for counsel.
• Review your guidelines against the additional 2025 limits before denying a fence.
• If your association is a condominium or a Chapter 215 master mixed-use association, § 202.023 does not apply by its terms (a).

For owners

• You may install security measures on your own property, subject to the allowed exceptions. A camera mounted on your home is on your private property.
• The section does not exempt you from architectural review or from the type-of-fence rules.
• Cameras that look at the street or neighbors are not addressed by this section. It speaks to where the camera is installed, not what it records (our reading).

What the law does not say

• It does not set a process, deadline or penalty for challenging a covenant.
• It does not define "security measures" beyond the three examples.
• It does not say whether a rule (as opposed to a recorded covenant) is covered.
• It does not address privacy law or recording of audio. Ask a Texas attorney.

Timeline

Related Texas Law

• S.B. 1588 (2021) omnibus reform
• S.B. 711 (2025): fencing and architectural review
• Chapter 202: what HOAs cannot restrict
• S.B. 581: religious items
• § 202.012: flag display
• Texas HOA laws complete guide

Board Checklist

• Search the declaration and guidelines for bans on cameras, motion detectors and perimeter fences.
• Stop enforcing blanket bans, after counsel review.
• Keep fence-type standards in writing and consistent.
• Keep the rule that cameras must be on the owner's private property, if you have one.
• Compare any fence denial against the 2025 (c)(3)-(5), (d) and (e) text.
• Confirm whether your association is a condominium or Chapter 215 association, which are excluded.

Frequently Asked Questions

Can a Texas HOA ban security cameras?

Not a camera on the owner's private property. Section 202.023(b) says an association may not adopt or enforce a restrictive covenant that prevents installing security measures including a camera, subject to (c). It may bar a camera installed somewhere other than the owner's private property.

Can an HOA ban perimeter fences?

Not by a covenant that prevents installing one, but it may regulate the type of fencing. The 2025 amendments add further limits the association can enforce.

Does it apply to condominiums?

No. Subsection (a) excludes a condominium as defined by Section 81.002 or 82.003, and master mixed-use associations under Chapter 215.

When did H.B. 3571 take effect?

The statute's history note gives June 15, 2021. The bill itself says immediately on a two-thirds vote, otherwise September 1, 2021.

Why does § 202.023 also cite S.B. 1588?

The history note lists both H.B. 3571 (Sec. 1) and S.B. 1588 (Sec. 4) as adding the section.

Did the law change in 2025?

Yes. S.B. 711 amended § 202.023 effective September 1, 2025, adding fencing limits and exceptions. See the S.B. 711 page.

Where This Comes From

We read the enrolled text of H.B. 3571 (87th Legislature, Regular Session), including the vote record and effective-date clause, at capitol.texas.gov, and the current text and history note of § 202.023 on the Justia 2025 Texas Statutes page. The enrolled copy shows a blank governor approval line, so we did not verify a signing date. The June 15, 2021 effective date comes from the history note.

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Legal disclaimer: This article is general information, not legal advice. Laws change and associations differ. Confirm the current statute text and how it applies to your governing documents with a licensed Texas attorney before acting.