Texas Property Code 209.015: HOA Limits on Adjacent Lot Use

Quick Answer

Texas Property Code § 209.015 says a residential property owners' association "may not adopt or enforce" a provision that bars or restricts an owner who has a home on a lot from using an adjacent lot they also own for residential purposes, such as a garage, driveway, fence, pool or children's playscape. The owner must still get association or architectural approval first, and on sale must either convey both lots together or restore the adjacent lot. A provision that violates the section "is void."

At a Glance

What the Law Says

Definitions

An "adjacent lot" is (A) a lot contiguous to another lot that fronts on the same street; (B) for a corner lot, a lot contiguous by a side or back property line; or (C) "if permitted by the dedicatory instrument," any lot contiguous at the back property line.

"Residential purpose" means "the location on the lot of any building, structure, or other improvement customarily appurtenant to a residence, as opposed to use for a business or commercial purpose." It includes a "garage, sidewalk, driveway, parking area, children's swing or playscape, fence, septic system, swimming pool, utility line, or water well" and, only if the dedicatory instrument specifically permits it, parking or storing a recreational vehicle.

The prohibition

Subsection (b): "Except as provided by this section, a property owners' association may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts the owner of a lot on which a residence is located from using for residential purposes an adjacent lot owned by the property owner."

Approval still required

Under (c), the owner must obtain approval from the association or its architectural review authority, "based on criteria prescribed by the dedicatory instruments specific to the use of a lot for residential purposes, including reasonable restrictions regarding size, location, shielding, and aesthetics," before starting construction, placement or erection on the adjacent lot.

Sale or transfer

Under (d), on sale or transfer of the lot with the residence, the owner must either include the adjacent lot in the sale and transfer it "under the same dedicatory conditions," or restore the adjacent lot to its original condition so it would again be suitable for a separate residence as originally platted. Under (e), the adjacent lot may be sold separately only to build a new residence that meets the dedicatory instrument, unless it has been restored.

Void provisions

Subsection (f): "A provision in a dedicatory instrument that violates this section is void."

What This Means in Practice

For boards and managers

If your declaration forbids using a second lot for a garage, pool or fence, the section limits enforcement against an owner who lives on the neighboring lot. The board can still require architectural approval and apply reasonable size, location, shielding and aesthetic criteria written in the dedicatory instruments. See SB 711 for the architectural review process, and § 202.006 for recording criteria.

Our reading: because (c) refers to criteria "prescribed by the dedicatory instruments," boards that have no written, recorded criteria for adjacent-lot improvements may have little to enforce. Consider adopting criteria through the proper amendment process.

For owners

You must own both lots, and the home must be on one of them. Get approval before you build. When you sell, plan either to sell both lots together or to restore the second lot.

What the section does not say, and open questions

• It does not address commercial or business use of the adjacent lot. It speaks of "residential purposes" and excludes business or commercial use.
• It does not say how a board should treat tax, replatting or lot-line questions. Confirm with counsel.
• It does not say how restoration is verified at sale. Our reading: the text leaves this to the association's process and the closing documents.
• Whether a recreational vehicle may be parked turns on whether the dedicatory instrument specifically permits it.

Timeline

Related Texas Law

• Chapter 209
• SB 1588: 2021 omnibus reform
• SB 711: architectural review process
• § 209.016: lease rules
• Chapter 202

Board Checklist

• Check the declaration for any rule that bars use of a second lot for residential improvements.
• Stop enforcing any such rule against an owner who has a residence on the neighboring lot.
• Confirm written, recorded architectural criteria for adjacent-lot improvements.
• Require approval before construction, placement or erection on the adjacent lot.
• Flag the sale-or-restore duty in the approval letter.
• Keep the approval and any sale paperwork in the lot file.

Frequently Asked Questions

Can a Texas HOA stop me from building a garage or pool on a second lot I own?

Under § 209.015(b), it may not adopt or enforce a provision restricting your residential use of an adjacent lot you own, but it can require approval under (c).

What counts as an adjacent lot?

A lot contiguous to another lot that fronts on the same street, a lot contiguous to a corner lot by a side or back line, and, if the dedicatory instrument permits, any lot contiguous at the back line.

What happens when I sell the home?

You must include the adjacent lot in the sale under the same dedicatory conditions, or restore it to its original condition (§ 209.015(d)).

Can I sell the second lot separately?

Only to build a new residence that complies with the dedicatory instrument, unless the lot has been restored (§ 209.015(e)).

What if my declaration conflicts with this section?

A provision that violates the section "is void" (§ 209.015(f)).

Where This Comes From

We read the current text of § 209.015 and its history note on the Texas.Public.Law mirror, which states it was verified against the official site on May 26, 2025. The official statute site is at statutes.capitol.texas.gov. We did not read court decisions on this section.

Where We Stand

Our position: we are neutral on § 209.015. It protects owners who want a larger residential footprint and keeps architectural review in place, but it also creates sale-time and tracking duties that associations have to administer. Tip: record adjacent-lot approvals in the lot file with a note about the sale-or-restore duty so a future closing does not miss it. This is Association Property Managers' operating view as a management company, separate from the legal summary above, and it is not legal advice.

How APM Helps

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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.