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

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Texas Property Code § 202.007
What's void
HOA bans on efficient irrigation systems
City provision
New Braunfels Code § 130-216.3 note
HOA retains
Turf type & irrigation visibility rules
Effective
September 1, 2003

Summary

New Braunfels' water conservation code notes that Texas Property Code Chapter 202 voids any HOA deed restriction that prohibits efficient irrigation systems like drip lines, though associations may still regulate turf type and irrigation visibility.

The Texas Property Code, Chapter 202, Section 202.007, provides that a property owners association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from implementing certain efficient irrigation systems, including underground drip or other drip systems. Any dedicatory instrument provision, attempting to restrict a property owner from installing such efficient systems, is void.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).

Full Breakdown

A note under the city's zonal-irrigation section (Sec. 130-216.3) explains that state law, not city ordinance, controls HOA power here: Texas Property Code Section 202.007 makes void any subdivision deed restriction or HOA rule that bars a homeowner from installing efficient irrigation, including underground drip systems. New Braunfels Utilities' own code acknowledges the limit while still requiring zonal irrigation systems and offering a xeriscape option on new lots (Sec. 130-216.1). HOAs keep authority to set turf type and irrigation visibility standards, but an outright ban on drip or other water-saving systems cannot be enforced against a New Braunfels homeowner.

Violations & Fines

A dedicatory instrument clause that violates Section 202.007 is void and unenforceable; the HOA cannot fine or sue a homeowner for installing efficient irrigation systems the covenant purports to ban.

Frequently Asked Questions

Can my New Braunfels HOA stop me from installing drip irrigation?
No. Texas Property Code § 202.007 voids any HOA deed restriction that prohibits or restricts efficient irrigation systems, including underground drip lines, regardless of what the subdivision's covenants say.
Does city ordinance override my HOA on landscaping?
No: it's state law, not city ordinance, that limits HOAs here. New Braunfels' own water code (Sec. 130-216.3) cites Property Code § 202.007 as the controlling authority.

Sources & Official References

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