Lubbock, TX Fence Regulations: Material Restrictions (2026)
Key Facts
- Statute
- Tex. Prop. Code § 202.023
- Effective date
- June 15, 2021 (HB 3571)
- Protects
- Security cameras, motion detectors, perimeter fences
- HOA still may
- Regulate fence type/material
- Exempt
- Condo regimes; master mixed-use POAs (Ch. 215)
Summary
Texas Property Code Sec. 202.023 stops a Lubbock homeowners' association from writing or enforcing a restrictive covenant that bans a resident from installing a perimeter security fence, though the same statute lets the association still control what type of fencing goes up.
(a) This section does not apply to: (1) a condominium as defined by Section 81.002 or 82.003; or (2) a master mixed-use property owners' association subject to Chapter 215. (b) Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence. (c) This section does not prohibit a property owners' association from: (1) prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property; or (2) regulating the type of fencing that a property owner may install.
Full Breakdown
003 and a master mixed-use property owners' association subject to Chapter 215. Under Subsection (b), a POA may not adopt or enforce a restrictive covenant that prevents an owner from building or installing security measures, and the statute names a perimeter fence alongside a security camera and a motion detector as an example of a protected measure. That protection is not absolute: Subsection (c) preserves two specific powers for the association. First, it may still prohibit a homeowner from installing a security camera anywhere other than the owner's own private property, so a camera aimed from or mounted on common area or a neighbor's lot is not protected.
Second, and more directly relevant to fence disputes, the association keeps full authority to regulate the type of fencing an owner may install, meaning a deed-restricted subdivision in Lubbock can still require wrought iron, masonry, or a specific height or color scheme over chain-link or wood even though it cannot flatly forbid a security fence outright. The Legislature added this section in the 2021 regular session through House Bill 3571, effective June 15, 2021, responding to associations that used blanket architectural covenants to block homeowners from adding security fencing after break-ins or package theft became a neighborhood concern.
Violations & Fines
This is a civil restrictive-covenant statute, not a criminal ordinance, so there is no city fine or citation. A homeowner whose association rejects a security-fence request under an overbroad covenant can challenge the denial in Lubbock County district court and seek a declaration that the covenant is unenforceable to the extent it conflicts with Section 202.023; a prevailing party in a restrictive-covenant dispute may recover attorney's fees under Chapter 202's general enforcement provisions. Associations that keep enforcing a blanket fence ban risk having that specific covenant voided.
Frequently Asked Questions
Can my Lubbock HOA stop me from putting up a security fence?
Can the HOA still tell me what kind of fence to build?
Does this law apply to condo owners in Lubbock?
Sources & Official References
Other rules in Lubbock
Texas rules heatmap·Compare Lubbock to another location·View the Texas fence regulations overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.