Arlington, TX HOA Rules: CC&R Enforcement (2026)

Covenants, conditions, and restrictions (CCRs) recorded in Tarrant County real property records bind all owners in the subdivision. Enforcement is handled by the HOA board or its designated committee. Under Texas Property Code Chapter 202, certain restrictions are unenforceable as a matter of state law: solar energy devices (202.007), rain barrels and water-efficient landscape including xeriscape (202.007 and 202.010), display of US, Texas, and military flags (202.018), religious items on door/entry (202.018), political signs 90 days before an election (202.0041), and standby electric generators (202.019). 202.010 specifically protects composite roof shingles, and roofs/solar are further protected by 202.010 and recent amendments. HB 3571 (2021) reformed landscaping and ACC rules, requiring HOAs to allow drought-tolerant landscaping and giving owners more rights in ACC review. Before enforcing any CCR, the HOA must provide 209.006 notice and cure and may use graduated fines subject to HB 614 rules. Selective enforcement (enforcing a rule against one owner but not others) is a defense recognized by Texas courts. Restrictions void under Fair Housing Act (familial status, disability) or the Telecom Act (satellite dishes under OTARD) cannot be enforced. Judicial enforcement typically requires attorneys fees to the prevailing party under most declarations and 209.006.