What POA restrictions can be unlawful in Texas?

On Behalf of | Apr 24, 2024 | Property Owners Association Law

Property Owners’ Associations (POAs) are organizations that help maintain peace within the community. As part of their duties, they impose various restrictions to keep members content and prevent conflicts.

That said, Texas law places certain limits on what POAs can ban. As a POA representative, you may have to familiarize yourself with the limitations of the rules you can enforce.

POA restriction limits

In Texas, there are specific housing designs that associations may regulate but not outright prohibit. These items include:

  • Flags decorating the property – These can include flags with different meanings, such as those related to the country, state, political statements or religious beliefs.
  • Security installations – Members can use various devices, including motion sensors, cameras, and perimeter fences.
  • Weather-specific housing designs – Wind- or hail-resistant shingles, as well as heating and cooling shingles, can be added on sidings or roofs.
  • Solar energy devices – Members can install solar energy contraptions, like solar panels.
  • Water efficient designs – HOAs may not prohibit the installation of rain barrels, irrigation systems and drought-resistant designs.

Moreover, POAs do not have the right to regulate or completely ban firearms and ammunition. They may not even control the operations of lemonade stands in the state.

There are also exceptions for each of these categories. For more information about regulation limits, the official state government website lists them down, specifying the laws that apply to each scenario.

Avoid lawsuits against your POA

As your POA develops regulations for the neighborhood, you should familiarize yourself with the state laws that may impact the organization’s goals. Try to determine which property-related regulations may conflict with local statutes.

These considerations may help the association avoid lawsuits from POA members who disagree with the enforced rules.