Tarrant County, TX HOA Rules: CC&R Enforcement (2026)
Key Facts
- Ccrs Tarrant County
- CCRs in Tarrant
- Property Code 202
- TX Property Code 202 preempts many common restrictions
- Solar (202007) Xeriscape
- Solar (202.007), xeriscape (202.010), flags (202.018) protected
- 614 (2023) Requires
- HB 614 (2023) requires separate notice before each fine
- Selective Enforcement Recognized
- Selective enforcement is a recognized defense
Summary
CCR enforcement by Tarrant County HOAs follows TX Property Code 202 and 209. Preemptions limit bans on solar, xeriscape, flags, and religious displays, and HB 614 (2023) tightened fine notice and cure rules.
Sec. 209.0061. ASSOCIATION POLICY; FINES. (a) This section does not apply to a property owners' association that is not authorized by the association's dedicatory instrument to levy a fine. (b) A property owners' association board shall adopt an enforcement policy regarding the levying of fines by the property owners' association. The policy must include: (1) general categories of restrictive covenants for which the association may assess fines; (2) a schedule of fines for each category of violation; and (3) information regarding hearings described by Section 209.007.
Full Breakdown
Covenants, conditions, and restrictions (CCRs) recorded in Tarrant County real property records bind all owners in the subdivision. Enforcement is handled by the HOA board or its designated committee. 019). 010 and recent amendments. HB 3571 (2021) reformed landscaping and ACC rules, requiring HOAs to allow drought-tolerant landscaping and giving owners more rights in ACC review. 006 notice and cure and may use graduated fines subject to HB 614 rules. Selective enforcement (enforcing a rule against one owner but not others) is a defense recognized by Texas courts. Restrictions void under Fair Housing Act (familial status, disability) or the Telecom Act (satellite dishes under OTARD) cannot be enforced. 006.
Violations & Fines
Owners who violate CCRs face escalating notices, fines (subject to HB 614 procedures), suspension of amenity privileges, liens, and ultimately suit for injunction, damages, and attorneys fees. HOAs that enforce preempted restrictions can be sued, and owners may recover attorneys fees. Selective or discriminatory enforcement can void the fine or provide an affirmative defense and potential counterclaim.
Frequently Asked Questions
What restrictions can my Tarrant County HOA NOT enforce?
What is selective enforcement?
Sources & Official References
Other rules in Tarrant County
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