CC&R Enforcement: Arlington vs Keller
How do cc&r enforcement rules compare between Arlington, TX and Keller, TX?
Keller has fewer restrictions than Arlington.
Arlington, TX
Tarrant County
CCR enforcement by Tarrant County HOAs follows TX Property Code 202 and 209. Preemptions limit bans on solar, xeriscape, flags, and religious displays, and HB 614 (2023) tightened fine notice and cure rules.
View full Arlington rules →Keller, TX
Tarrant County
CCRs in Keller subdivisions are enforceable under Texas Property Code 202.004, which presumes restrictions reasonable. Selective enforcement and waiver are recognized defenses when an HOA ignores similar violations.
View full Keller rules →Key Facts Comparison
| Fact | Arlington | Keller |
|---|---|---|
| - | - | |
| Presumption | - | TX PC 202.004 reasonable |
| Selective Enforcement | - | Recognized defense |
| Attorney Fees | - | Often recoverable by either side |
| Statute of Limitations | - | 4 years typical |
| Preempted Topics | - | Solar, xeriscape, flags, religious displays |
Highlighted rows indicate differences between cities.
Arlington FAQ
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.
Keller FAQ
Can my HOA fine me for something my neighbor also has?
Not without risk. If the HOA has tolerated similar violations by other owners over time and now targets you, the selective enforcement defense may invalidate the enforcement. Document similar violations carefully.
How far back can the HOA go for a violation?
Texas applies a 4-year statute of limitations for most contract-based enforcement. Violations more than 4 years old may be time-barred, though ongoing violations toll the clock.
Compare other topics
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