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

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Presumption
TX PC 202.004 reasonable
Selective Enforcement
Recognized defense
Attorney Fees
Often recoverable by either side
Statute of Limitations
4 years typical
Preempted Topics
Solar, xeriscape, flags, religious displays

Summary

CCRs in Keller subdivisions are enforceable under Texas Property Code 202.004, which presumes restrictions reasonable. Selective enforcement and waiver are recognized defenses when an HOA ignores similar violations.

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. [...] (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.

Source: Texas Property Code 202.004View official code

Full Breakdown

004, which provides that an exercise of discretionary authority by an HOA board concerning a CCR is presumed reasonable unless the board acted arbitrarily, capriciously, or discriminatorily. 009 for declaratory actions. 007 (no notice or hearing); selective enforcement where the HOA has permitted similar violations by other owners without action; waiver or estoppel by prior approval; changed conditions doctrine where the original purpose of the restriction is obsolete; and statute of limitations for covenants running at 4 years for most contract-based claims. Texas Property Code Chapter 202 preempts certain CCRs including those restricting religious displays, flags, solar devices, and drought-tolerant landscaping. Large Keller master-planned communities actively enforce CCRs through management companies.

Violations & Fines

Owners found in violation face fines, assessments, liens, attorney fees, and possible injunctions. HOAs enforcing preempted CCRs face statutory damages and member lawsuits with fees.

Frequently Asked Questions

Can my HOA fine me for something my neighbor also has?
Not without risk. If the HOA has tolerated similar violations by other owners over time and now targets you, the selective enforcement defense may invalidate the enforcement. Document similar violations carefully.
How far back can the HOA go for a violation?
Texas applies a 4-year statute of limitations for most contract-based enforcement. Violations more than 4 years old may be time-barred, though ongoing violations toll the clock.

Sources & Official References

Other rules in Keller

All Keller rules

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