Keller, TX HOA Rules: CC&R Enforcement (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.
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action; waiver or estoppel by prior approval; changed conditions doctrine where the original purpose of the restriction is obsolete; and statute of limitations for covenants running at 4 years for most contract-based claims.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?
How far back can the HOA go for a violation?
Sources & Official References
Other rules in Keller
Texas rules heatmap·Compare Keller 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 If you notice an error or outdated information, let us know.
CC&R Enforcement in Nearby Cities
How other cities in Tarrant County handle cc&r enforcement.