Texas Property Code Chapter 202 and Chapter 209 govern HOA architectural review authority. Associations may enforce deed restrictions on exterior modifications, but must follow specific procedural requirements including written notice and an opportunity to cure before taking enforcement action.
Texas Property Code Chapter 202 authorizes property owners' associations to enforce restrictive covenants including architectural standards. Under Section 209.006, before an association may suspend an owner's rights, charge a fine, or file suit for a violation, it must provide written notice by certified mail describing the violation and give the owner a reasonable period (at least 30 days) to cure. Section 209.00505 limits an association's authority to regulate certain items: the association cannot prohibit a property owner from installing a rain barrel, a solar energy device, or certain types of drought-resistant landscaping. HOAs may require an Architectural Review Committee (ARC) application for exterior modifications such as fencing, paint colors, roofing materials, and additions, but the specific standards and review timelines are set by each association's CC&Rs, not by municipal ordinance. San Antonio does not have a city-level ordinance regulating HOA architectural review.
The association must provide 30 days written notice to cure before fines or enforcement. Fines are set by individual CC&Rs. Owners may request a hearing under Section 209.007 before the board or a committee.
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Side-by-side rule comparisons with other cities in Bexar County.
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