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.
See how other cities in Collin County handle architectural review.
See how McKinney's architectural review rules stack up against other locations.
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