Texas Property Code §209.00505 governs McKinney HOA architectural review committees, requiring written decisions and an appeal route to the board; state law also preempts HOA bans on religious displays, solar panels, drought-resistant landscaping, and standby generators.
ARC decisions must be in writing and state the reason for any denial. Owners denied a modification are entitled to appeal to the board, which must hold a hearing. State law limits HOA authority on specific items: solar devices (§202.010), religious items at entry (§202.018), drought-resistant landscaping and water conservation (§202.007), rainwater harvesting (§202.007), display of the US/Texas flag (§202.011), and standby generators (§202.019). HOAs may impose reasonable aesthetic standards on all of the above but cannot flat-ban. Swimming pool and play structure review is common and must be applied consistently.
Arbitrary or discriminatory enforcement is grounds for a §209.008 suit. Declaratory relief and attorney's fees are available to prevailing owners.
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Side-by-side rule comparisons with other cities in Collin County.
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