Bexar County CCR enforcement follows the recorded Declaration plus Property Code Chapters 202 and 209. HOAs must enforce consistently and respect statutory limits on flags, solar, religious displays, and xeriscape.
Restrictive covenants recorded in Bexar County real property records run with the land and bind successive owners under Section 202.001 of the Texas Property Code. Associations enforce CCRs through a progression of letters, fines, privilege suspensions, and ultimately lawsuits for injunctive relief. Under Chapter 209, enforcement must be consistent across owners: selective enforcement can be raised as a defense. Several categories of owner activity are specifically protected by state law regardless of contrary CCR language. Section 202.010 prohibits HOAs from unreasonably restricting solar energy devices. Section 202.011 preserves the right to display the United States flag, Texas flag, and military branch flags. Section 202.018 protects religious displays on entry doors and frames up to a combined 25 square inches. Section 202.007 requires associations to permit composting, rain barrels, water-conserving turf, and drought-resistant landscaping, which is particularly important in the San Antonio region where Stage 2 or higher Edwards Aquifer drought rules frequently apply. Associations must allow replacement of turf with approved xeriscape meeting reasonable design guidelines.
An HOA that enforces invalid covenant restrictions can be liable for attorneys fees and damages under the specific preemption statutes. Owners who ignore valid notice and hearing can face fines, loss of amenity access, liens, and ultimately injunction suits with prevailing-party attorneys fees.
See how Bexar County's cc&r enforcement rules stack up against other locations.
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