Houston, TX HOA Rules: Board Governance (2026)

Houston never adopted zoning, so subdivisions rely on privately recorded deed restrictions, filed against the plat, to control lot use, setbacks, lot and structure size, orientation, and fencing. Not every subdivision has an active homeowners association willing or able to enforce those restrictions, so Chapter 10, Article XV of the Code of Ordinances gives the city itself a governance role. Section 10-551 defines a "restriction" as a limitation affecting use, setback lines, lot or structure size and count, structure orientation, or fence construction, and defines a "restriction suit" as a lawsuit to enjoin or abate a violation of a recorded restriction; restrictions based on race, color, religion, sex, or national origin are excluded and unenforceable.

Section 10-552(a) makes it a civil violation, punishable by penalties of not more than $1,000 per day per violation, for an owner or their representative to keep violating a recorded restriction after receiving notice of this article. Section 10-552(b) separately makes it unlawful to build under a permit-required affidavit that falsely swore the work did not violate a recorded restriction. Section 10-555 backs this up on the permitting side: if the city attorney advises the building official that a permit is void, the official must order the work stopped.

Section 10-556 requires every seller of restricted property to give the buyer a recorded notice of the restrictions at or before closing, backed by a misdemeanor fine of up to $500 for noncompliance, so buyers know what governs the subdivision before they close.