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Burleson, TX HOA Rules: Board Governance (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Core rule
Mandatory property owners' association
Who must belong
All property served by private streets
City cost share
None for building or maintaining private streets
Plat note
Association maintains the streets; city keeps access rights
Streetlight power
HOA pays in private-street subdivisions (§ 5.10(f))
Governing section
Appendix A, § 5.8(g)

Summary

In the City of Burleson, Texas, any development built with private streets must have a mandatory property owners' association that includes all property served by those streets. The association exists to maintain the street, because the City of Burleson pays for no part of constructing or maintaining a private street. The rule is Appendix A, § 5.8(g).

(d) Cost of private streets.The city shall not pay for any portion of the cost of constructing or maintaining a private street. ... (g) Maintenance.Developments with private streets shall have a mandatory property owners' association which includes all property served by private streets to ensure maintenance of the private street. (h) Waiver of services.The plat, property deeds, and property owner association documents must include the following note: "The following public services are not provided within this subdivision: • Street maintenance • Routine police patrols • Enforcement of traffic and parking ordinance • Preparation of accident reports • Solid waste collection • Recycling collection"

Full Breakdown

The rule sits in the City of Burleson's Subdivision and Development ordinance, Appendix A of the Code of Ordinances, in § 5.8, Private streets. Subsection (g) says developments with private streets shall have a mandatory property owners' association which includes all property served by private streets, and it states the purpose: to ensure maintenance of the private street. The association is not optional, and it cannot leave out a lot that the private street serves.

Several neighboring subsections explain why the City Council wants it. Under (d), the city does not pay for any portion of the cost of constructing or maintaining a private street. Under (c), the plat must carry a note that the streets have not been dedicated to the public or accepted by the City of Burleson as public improvements, and that the property owners association within the subdivision maintains them. The same note gives the city or county a right of access for fire and police protection, inspection, code enforcement and postal service. Under (f), a community facilities contract is required for construction of private streets, and under (e) the city inspects them at the developer's cost, with the fee set by the city council.

Subsection (h) requires the plat, property deeds and property owner association documents to carry a waiver note. It lists six public services not provided in the subdivision: street maintenance, routine police patrols, enforcement of traffic and parking ordinance, preparation of accident reports, solid waste collection and recycling collection. Depending on the development's characteristics, other services can be excluded as well.

Two other sections reach the association. Section 5.10(f) makes the homeowner's association responsible for the cost of electricity for streetlights in subdivisions with private streets or in the ETJ. Section 6.1(c) requires a property owner's association when a large development related feature is authorized on a separate lot.

Violations & Fines

Section 5.8 prints no fine of its own, so the control is plat approval. The city can deny the creation of a private street that would negatively affect traffic circulation on public streets, impair access to property or to schools, parks and libraries, or delay the response time of emergency vehicles. Streets shown on the thoroughfare plan map cannot be used, maintained or constructed as private streets at all.

Frequently Asked Questions

Does every Burleson subdivision need a homeowners association?
No. Section 5.8(g) ties the mandatory association to developments with private streets, and it must include all property served by those streets. A development served only by public streets does not trigger this subsection, although § 6.1(c) separately requires a property owner's association when a large development related feature is authorized on a separate lot.
Who maintains a private street in the City of Burleson?
The property owners association. The plat note required by § 5.8(c) states that the streets have not been accepted by the City of Burleson as public improvements and shall be maintained by the property owners association within the subdivision. Under § 5.8(d) the city pays for no portion of constructing or maintaining a private street, and the waiver note lists street maintenance as a service not provided.
Does the city pick up trash in a private-street neighborhood?
No. The waiver note required by § 5.8(h) must appear on the plat, property deeds and association documents, and it lists solid waste collection and recycling collection among the public services not provided within the subdivision. Routine police patrols, enforcement of traffic and parking ordinance and preparation of accident reports are also on the list.
Who pays for streetlight electricity in a private-street subdivision?
The homeowner's association. Section 5.10(f) states that for subdivisions with private streets or subdivisions in the ETJ, the homeowner's association will be responsible for the cost of electricity for the streetlights. For other streets, § 5.10(e) says the city agrees to pay for electricity used by streetlights under the rate schedule approved by the city council and the electric utility.

Sources & Official References

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