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.
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. Under Texas Property Code Chapter 202, certain restrictions are unenforceable as a matter of state law: solar energy devices (202.007), rain barrels and water-efficient landscape including xeriscape (202.007 and 202.010), display of US, Texas, and military flags (202.018), religious items on door/entry (202.018), political signs 90 days before an election (202.0041), and standby electric generators (202.019). 202.010 specifically protects composite roof shingles, and roofs/solar are further protected by 202.010 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. Before enforcing any CCR, the HOA must provide 209.006 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. Judicial enforcement typically requires attorneys fees to the prevailing party under most declarations and 209.006.
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.
See how Tarrant County's cc&r enforcement rules stack up against other locations.
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