McKinney, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Statute
- TX Prop Code 202/209
- Construction
- Liberal for owner
- Uniformity
- Required
- Fees
- Recoverable
- Defenses
- Selective enforcement
Summary
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.
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. (b) A property owners' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant ... (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
§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).
Violations & Fines
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.
Sources & Official References
Other rules in McKinney
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CC&R Enforcement in Nearby Cities
How other cities in Collin County handle cc&r enforcement.