McKinney HOA covenants are enforced under TX Property Code Ch. 202 and 209; enforcement must be reasonable and consistent, cannot discriminate, and must respect state-law protections for flags, solar, religious items, and xeriscape.
§202.004 establishes that HOA restrictive covenants are presumed reasonable and can be enforced by the association or by any owner. However, §202.003 requires liberal construction favoring the owner where ambiguous. Selective or discriminatory enforcement is a defense. Enforcement tools include deed restriction suits, injunctive relief, and fines (subject to §209.007 procedures). The HOA must apply rules uniformly; documented inconsistent enforcement weakens an enforcement action in court. Owners facing enforcement should request the rule citation, prior enforcement history, and the ARC decision (if applicable).
Unreasonable or selective enforcement may be challenged; prevailing owners recover attorney's fees under §5.006 of the Property Code. Courts may award declaratory and injunctive relief.
See how other cities in Collin County handle cc&r enforcement.
See how McKinney's cc&r enforcement rules stack up against other locations.
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