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

Covenants, Conditions, and Restrictions (CCRs) in Keller subdivisions are enforceable under Texas Property Code 202.004, 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. Enforcement may proceed through fines (after 209.007 notice and hearing), suspension of common-area privileges, liens, injunctive relief, and attorney fees recovery under CCR prevailing-party clauses or Texas Civil Practice and Remedies Code 37.009 for declaratory actions. Common defenses available to owners include: procedural defenses under 209.007 (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action; waiver or estoppel by prior approval; changed conditions doctrine where the original purpose of the restriction is obsolete; and statute of limitations for covenants running at 4 years for most contract-based claims.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.