Quick Answer
Texas Property Code Chapter 202 sets the ground rules for how restrictive covenants are read and enforced, and it lists things an association may not prohibit or restrict: solar energy devices, flags, religious items, standby generators, security measures, pool enclosures, firearms, a child's lemonade stand, rain barrels and drought-resistant landscaping, and renting to a tenant based on how rent is paid. The 2025 session added two more: a bar on fines for brown grass during a drought watering restriction (§ 202.008) and a rule on inviting officials and candidates to common areas (§ 202.013). Each section has exceptions, so the exact text matters.
At a Glance
| Item | Detail |
|---|---|
| Law/citation | Texas Property Code, Title 11, Chapter 202 (Construction and Enforcement of Restrictive Covenants), §§ 202.001 through 202.024 (§§ 202.008 and 202.013 are the newest) |
| Effective date | Chapter enacted 1987; sections added at different times. 2025 additions effective September 1, 2025 (§ 202.008, § 202.013, and amendments to § 202.023); § 202.010 amended by HB 431 with an effective date listed in the compiled statute as May 29, 2025 |
| Applies to | Dedicatory instruments of residential subdivisions, planned unit developments, condominium or townhouse regimes and similar developments (§ 202.001). Some sections exclude condominiums (for example § 202.023) |
| Key sections | § 202.003 (construction), § 202.004 (enforcement), § 202.006 (recording), § 202.007 through § 202.024 (specific limits) |
| Remedy or penalty | Provisions that violate § 202.007(b) or § 202.010(c) are declared "void." A court may assess civil damages for violation of a covenant "not to exceed $200 for each day of the violation" (§ 202.004(c)). Most other sections state no remedy |
What the Law Says
General rules
- Scope (§ 202.001, § 202.002): "dedicatory instrument" covers documents governing a residential subdivision, planned unit development, condominium or townhouse regime, or similar planned development. "Property owners' association" is defined the same way. The chapter "applies to all restrictive covenants regardless of the date on which they were created."
- Construction (§ 202.003): "A restrictive covenant shall be liberally construed to give effect to its purposes and intent." A dedicatory instrument or covenant "may not be construed to prevent the use of property as a family home," as defined by reference to Chapter 123 of the Human Resources Code.
- Enforcement (§ 202.004): an association's exercise of discretionary authority is "presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory." An association may initiate, defend or intervene in litigation, and a court may assess civil damages up to $200 per day of violation.
- Recording (§ 202.006): the association must file all dedicatory instruments in the real property records of each county where the property lies. An instrument "has no effect until the instrument is filed," and an association "may not collect a regular assessment" if the instrument authorizing it was not filed.
What associations cannot restrict
| Section | Subject | Core rule and notable exceptions |
|---|---|---|
| § 202.007 | Composting, rain barrels, efficient irrigation, drought-resistant landscaping | Provisions prohibiting these are void. The association may restrict the type of turf in new plantings to water-conserving turf, may regulate gravel, rocks and cacti, and may require plans for drought-resistant landscaping for review. Subsection (e) excludes certain large associations defined by city and county population and 4,000 acres of commercial, multifamily or open-space land |
| § 202.008 | Fines during a watering restriction | No fine for covenants requiring grass or green vegetation or barring brown vegetation during a drought-related residential watering restriction and until the 60th day after it is lifted |
| § 202.010 | Solar energy devices | Provisions prohibiting or restricting installation are void, subject to listed exceptions (roof location, roofline, color, fenced yard height, warranty, prior approval). Definition includes solar roof tiles |
| § 202.011 | Certain roofing shingles | Wind- and hail-resistant, efficient or solar-generating shingles that resemble and match authorized shingles and are at least as durable |
| § 202.012 | Flags | U.S., Texas and armed-forces flags. The association may regulate size, number and location of flagpoles but must allow at least one flagpole per property that meets stated limits |
| § 202.013 | Assembly and speech | Owners and residents may invite governmental officials and qualified candidates to meet in common areas, on the same terms as any other gathering. Excludes associations with 501(c)(3) status |
| § 202.018 | Religious items | Items motivated by sincere religious belief on the owner's property or dwelling, except those that threaten safety, violate law, are patently offensive for non-religious reasons, sit on association or common property, violate setbacks or easements, or attach to street fixtures |
| § 202.019 | Standby electric generators | Permanently installed generators meeting the statutory definition (including 7 kW minimum rating) may be regulated only as listed, such as screening, testing times and location, with location rules unenforceable if they add more than 10 percent to installation cost |
| § 202.020 | Lemonade stands | No covenant prohibiting or regulating the occasional sale of nonalcoholic beverages by a person under 18 with an owner's permission |
| § 202.021 | Firearms | No provision restricting a person "otherwise authorized" from lawfully possessing, transporting or storing a firearm, its parts or ammunition, or the lawful discharge of a firearm |
| § 202.022 | Swimming pool enclosures | Fences meeting the statutory definition (transparent mesh or clear panels, six feet or less, not climbable) that meet safety requirements. Appearance limits are allowed, but may not bar a black mesh enclosure |
| § 202.023 | Security measures | No covenant preventing cameras, motion detectors or perimeter fences, with exceptions listed below. Does not apply to condominiums or master mixed-use associations under Chapter 215 |
| § 202.024 | Method of rent payment | No provision prohibiting or restricting renting to a person based on method of payment, including housing vouchers and other housing assistance |
2025 changes
- HB 517 added § 202.008 effective September 1, 2025. It bars a fine, not enforcement in general. The text says an association "may not assess a fine." See HB 517.
- HB 621 added § 202.013 effective September 1, 2025. The section does not apply to a common area "that is not made available for meetings" due to designated seasonal use, or one made available only for meetings of the association, its board or its committees. An association may apply the same fee, deposit, occupancy, hours, designated-area and reservation rules it applies to other gatherings. See HB 621.
- HB 431 amended § 202.010(a)(2) so that "solar energy device" "includes a solar roof tile." The compiled statute lists an effective date of May 29, 2025. See HB 431.
- SB 711 amended § 202.023 effective September 1, 2025. Associations may bar fencing that obstructs a license area, a sidewalk or a drainage easement, may require driveway gates to be set back 10 feet from the right-of-way at a laned roadway, and "if provided by a restrictive covenant" may prohibit fencing in front of the front-most building line. Fencing installed before September 1, 2025 may be maintained, and owners whose address is exempt from public disclosure, or who provide law enforcement documentation of need, may not be barred. See SB 711.
What This Means in Practice
For boards
Before enforcing a covenant about anything on the list above, read the section itself. Most of these statutes give owners a protected right and then let the association regulate details: color, placement, screening, size. The line between permitted regulation and a prohibited restriction is usually drawn in the statute's own subsections, so a rule that merely "regulates" can still fail if it has the effect of prohibiting. Several sections (for example § 202.012 and § 202.019) use that "has the effect of prohibiting or restricting" language.
Our reading: section 202.004(a) gives boards a presumption of reasonableness for discretionary decisions, but the presumption sits alongside the specific bans. A decision that the statute forbids is not saved by the presumption.
For owners
These protections attach to the owner's right to do something on the owner's own property, and most carve out common areas and association-owned property. An owner who wants to install a protected item should check the section's exceptions first, such as approval requirements in § 202.010(d)(8) for solar devices, and then submit any application the dedicatory instruments require.
What the chapter does not say
- Most sections state no penalty. Section 202.007(b) and § 202.010(c) declare violating provisions void. For the rest, our reading is that an owner would raise the section as a defense or in a claim, but the statute does not say how. Confirm with counsel.
- Section 202.008 does not suspend the covenant. It only bars fines in the covered period. Whether an association may otherwise require compliance is not addressed in the section.
- Section 202.001 treats condominium and townhouse regimes as covered developments, but individual sections can exclude them (as § 202.023(a)(1) does). Condominium associations should check each section.
- We did not read § 202.005 (withdrawal of signature), and this page does not summarize it.
Timeline
| Date | Event |
|---|---|
| June 18, 1987 | Chapter 202 added (§§ 202.001 through 202.004 show this effective date) |
| June 17, 2011 | Solar devices and roofing sections (§ 202.010, § 202.011) take effect |
| September 1, 2019 | Lemonade stand section (§ 202.020) takes effect; firearms section (originally numbered § 202.020) takes effect |
| May 31, 2021 | SB 581 amends the religious items section (§ 202.018) |
| June 15, 2021 | HB 3571 adds the security measures section (§ 202.023) |
| September 1, 2021 | SB 1588 amends § 202.006, § 202.018 and § 202.023 and adds § 202.022 |
| September 1, 2023 | HB 1193 adds § 202.024 |
| May 29, 2025 | HB 431 amends § 202.010 (date as shown in the compiled statute history) |
| September 1, 2025 | HB 517 adds § 202.008, HB 621 adds § 202.013, SB 711 amends § 202.023 |
Related Texas Law
- Chapter 209: notice, hearing and fine procedure for subdivision associations
- § 202.010, § 202.012 and § 202.006
- HB 1193 (2023): method-of-payment rule
- JBrice Holdings v. Wilcrest Walk and Tarr v. Timberwood Park: how courts read covenants
- Texas HOA laws complete guide
Board Checklist
- List every rule in the governing documents that touches solar panels, flags, religious items, generators, cameras and fences, firearms, pool fencing, landscaping or rentals, and compare it to the matching section.
- Remove or stop enforcing provisions the statute declares void, and ask counsel about any provision that merely might have the effect of prohibiting.
- Confirm every dedicatory instrument, including rules, is recorded; an unrecorded instrument "has no effect" (§ 202.006(b)).
- Pause fines for brown grass or missing turf while a covered residential watering restriction applies and for 60 days after it is lifted.
- Review fence and gate rules against the 2025 amendments, including the September 1, 2025 grandfathering of existing fencing.
- Decide how the association will handle candidate and official events in common areas, using the same reservation rules as other gatherings.
- Give architectural applications for protected items the same level of detail as any other improvement (for example, § 202.019(g) for generators).
Frequently Asked Questions
Can an HOA ban solar panels in Texas?
Not by a covenant that prohibits or restricts installation. Section 202.010(b) bars that, and § 202.010(c) declares a violating provision void. The statute lets an association enforce certain limits, such as roof placement, color, height and prior approval, listed in § 202.010(d). Solar roof tiles are included in the definition.
Can an HOA fine me for a brown lawn during a drought?
Not during a covered residential watering restriction and until the 60th day after it is lifted. Section 202.008 applies to covenants that require grass or green vegetation or prohibit brown or discolored vegetation, when the restriction is one under which brown vegetation could reasonably result.
Can an HOA stop me from flying a flag?
Not a U.S., Texas or armed-forces flag, but the association may adopt reasonable rules on flagpole materials, size, number, location and lighting under § 202.012(b). It must allow at least one flagpole per property that meets the statute's limits.
Can an HOA prohibit security cameras or fences?
Generally no, under § 202.023(b), but the association may bar cameras off the owner's private property, regulate fence type, and, since September 1, 2025, bar fences that obstruct license areas, public sidewalks or drainage areas. Front-of-house fencing may be barred only if a restrictive covenant provides, with exceptions for existing fences and for protected addresses.
Does Chapter 202 limit how much an HOA can fine?
Chapter 202 does not set a fine cap. Section 202.004(c) lets a court assess civil damages up to $200 for each day of a covenant violation. Fine procedure is in Chapter 209.
Can an HOA refuse to let me rent to a tenant using a housing voucher?
Not through a dedicatory instrument that restricts renting based on the person's method of payment. Section 202.024 defines method of payment to include Section 8 housing choice vouchers and other housing assistance.
Does Chapter 202 apply to condominiums?
Section 202.001 defines covered developments to include condominium or townhouse regimes, but some sections exclude condominiums. Check the specific section, and confirm with counsel.
Where This Comes From
We read the text of §§ 202.001 through 202.024 as compiled in the 2025 Texas Statutes (Justia and Texas.Public.Law mirrors of the Texas Property Code), including the session-law history lines for the 2025 amendments. The official statute site is at statutes.capitol.texas.gov. We read § 202.007 as compiled in the 2024 statutes and § 202.012 as compiled in May 2025, and found no later amendment in the 2025 section list, but confirm current text before relying on either.
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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.
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