Bexar County, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Primary Authority
- Recorded CCRs plus Ch 202 and 209
- Consistent Enforcement
- Required
- Solar Preemption
- TX Property Code 202.010
- Xeriscape Protection
- TX Property Code 202.007
- Flag Rights
- TX Property Code 202.011
Summary
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.
Sec. 202.004. ENFORCEMENT OF RESTRICTIVE COVENANTS. (a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory. (b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant. (c) A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.
Full Breakdown
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. 010 prohibits HOAs from unreasonably restricting solar energy devices. 011 preserves the right to display the United States flag, Texas flag, and military branch flags. 018 protects religious displays on entry doors and frames up to a combined 25 square inches.
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.
Violations & Fines
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.
Frequently Asked Questions
Can my HOA ban drought-tolerant landscaping in Bexar County?
What if my HOA only enforces against some owners?
Sources & Official References
Other rules in Bexar County
Texas rules heatmap·Compare Bexar County to another location·View the Texas hoa rules overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.