Keller HOA Rules: CC&R Enforcement Rules (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action; waiver or estoppel by prior approval; changed conditions doctrine where the original purpose of the restriction is obsolete; and statute of limitations for covenants running at 4 years for most contract-based claims.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.