Haltom City HOAs enforce CCRs through notice and fines under TX Property Code 209. Enforcement must be uniform, and Chapter 202 voids bans on solar, flags, rainwater, religious items, and cameras.
CCR enforcement in Haltom City HOAs is governed by the recorded declaration and Texas Property Code Chapters 202 and 209. The HOA must enforce CCRs uniformly; selective enforcement (applying a rule to one owner but ignoring violations by others) can lead to waiver defenses and equal-protection challenges. Under Section 209.007, the HOA must provide written notice before fines, give owners an opportunity to cure, and offer a hearing before the board. Fine amounts are set by the governing documents, often 25 to 200 dollars per day of violation. Common CCR enforcement topics include lawn maintenance, trash can placement, exterior paint colors, parking (no RVs or commercial vehicles in driveways), fencing style, and architectural modifications. Texas Property Code Chapter 202 renders certain restrictive covenants unenforceable: Section 202.010 (solar energy devices), 202.011 (US and military flags), 202.007 (rainwater harvesting, composting, drought-resistant landscaping), 202.018 (religious items on doors), 202.019 (firearms), 202.023 (security cameras), 202.013 (flagpoles within limits), and 202.009 (political signs, during specific periods before elections). Section 202.003 provides that restrictive covenants shall be liberally construed to give effect to their purposes and intent, but ambiguities are resolved against the drafter (the HOA). Section 202.004 authorizes civil action by property owners or the association to enforce or challenge covenants, with attorney fees recoverable by the prevailing party. If an HOA fails to enforce a CCR for a long period, the doctrine of laches or waiver may prevent later enforcement. Amendments to CCRs typically require owner vote per the declaration, often 67 percent or 75 percent supermajority. The 2021 HB 1588 reforms strengthened owner protection by requiring written notices for certain actions and capping fines in some circumstances.
Selective or discriminatory CCR enforcement exposes HOAs to waiver defenses and potential Fair Housing complaints. Enforcing CCRs that violate Chapter 202 protected categories (solar, flags, rain barrels, religion, firearms, cameras) is void. Failure to follow 209.007 notice procedures voids fines and suspends enforcement until proper procedure is followed.
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Haltom City, TX
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