CC&R Enforcement: Arlington vs Haltom City

What restrictions can my Tarrant County HOA NOT enforce?

Bans on solar panels, rain barrels, xeriscape, US/Texas/military flags, religious door items, political signs 90 days before an election, standby generators, and composite shingles. These are preempted by TX Property Code Chapter 202.

What is selective enforcement?

When an HOA enforces a rule against one owner but ignores identical violations by others. Texas courts recognize this as an affirmative defense to HOA enforcement suits. Document comparable violations on neighboring lots as evidence.

Can my Haltom City HOA enforce a CCR that my neighbors are also violating?

Possibly not. Selective enforcement can trigger the waiver defense where a long history of non-enforcement prevents the HOA from enforcing the rule against you specifically. Document similar violations being ignored and raise this defense at the Section 209.007 hearing or in court.

What CCR restrictions are unenforceable in Texas?

Texas Property Code Chapter 202 prohibits enforcement of CCR provisions that ban solar energy devices (202.010), flags (202.011), rainwater harvesting (202.007), religious items on entry (202.018), security cameras on your lot (202.023), and certain firearms storage. Political sign restrictions are limited during election periods (202.009).

How do I challenge a Haltom City HOA CCR fine?

Request a hearing before the board in writing within 30 days of the notice under Section 209.007. Bring evidence including photos of uniform non-enforcement and documentation of the specific facts. If you lose the hearing, file suit in Justice or District Court. Prevailing owners can recover attorney fees under Section 202.004 or 209.008.