Applicable Laws and Regulations Affecting Homeowners in Terrace Brook Homeowners Association

1. Texas Property Code (Chapters 204 & 209)

  • Chapter 209 (Texas Residential Property Owners Protection Act) governs HOA transparency, enforcement, and member rights. It requires written notices before fines or enforcement.
  • Chapter 204 grants architectural committees authority, but they must operate within the HOA’s governing documents.


2. HOA Governing Documents (CC&Rs, Bylaws, Articles)

  • The HOA must follow its Covenants, Conditions & Restrictions (CC&Rs), bylaws, and other official documents. It cannot enforce rules outside of these.


3. Due Process & Enforcement Procedures

  • Homeowners must receive:
  • Written notice of a violation,
  • A time period to correct it,
  • An opportunity for a hearing before fines or enforcement.

4. Non-Discrimination Laws

  • The Federal Fair Housing Act and Texas Fair Housing Act prohibit discrimination based on race, religion, sex, familial status, or disability.
  • The Americans with Disabilities Act (ADA) requires HOAs to allow reasonable modifications (e.g., wheelchair ramps).


5. FCC Rule on Satellite Dishes

  • HOAs cannot ban satellite dishes or antennas outright. They may ask for aesthetic placement, but not prohibit installation (under FCC OTARD rules).


6. Solar Energy Devices

  • Texas Property Code § 202.010 protects the right to install solar panels. HOAs can only impose reasonable restrictions for appearance or safety.


7. Backyard Chickens (Pending Legislation - HB 2013)

  • A bill under review may limit HOA bans on backyard chickens in urban areas. It is not law yet, as of July 2025.


8. Recent Texas Law Updates (Effective Sept 1, 2025)

  • The 89th Texas Legislature passed updates like SB 1588 and HB 886 to increase HOA transparency and limit foreclosure powers.


9. HOA Record-Keeping and Management Certificate

  • Texas law requires HOAs to file a management certificate listing board members, fees, and agents.
  • Homeowners have the right to request financial and governing records (Property Code § 207.003).


10. Corporate Governance

  • HOAs must comply with the Texas Nonprofit Corporation Act. This includes rules for board meetings, elections, and member rights.


11. Debt Collection Practices

  • The Fair Debt Collection Practices Act (FDCPA) regulates how dues or fines can be collected. It protects against harassment and requires clear communication.


12. Flood Insurance and Disclosures

  • Homeowners may be required to maintain flood insurance based on their location and mortgage provider. The HOA should inform residents of known flood risks.


13. HOA Authority on Rentals (Texas Property Code §209.016)

  • HOAs cannot require tenant screening (e.g., credit reports).
  • They may request basic lease information (tenant contact, lease term, etc.).
  • Rental restrictions (e.g., short-term rental bans or lease minimums) must be clearly stated in the HOA’s governing documents.


14. Houston City Rules – Short-Term Rental (STR) Ordinance

  • Starting January 1, 2026, the City of Houston requires a permit for any short-term rental (less than 30 days).
  • Permit requirements include:
  • $275/year registration fee.
  • 24/7 emergency contact posted.
  • Noise, trash, and fire-code compliance.
  • One-night minimum stay.
  • $1 million liability insurance.
  • Collection of hotel occupancy taxes.


15. Penalties for Non-Compliance (Houston STR Law)

  • Fines of up to $500 per day for unregistered or non-compliant STRs.
  • Repeat violations can result in revoked registration or removal from platforms like Airbnb or Vrbo.


16. Long-Term Rentals (30+ Days)

  • No Houston city permit is needed.
  • Must still follow HOA rules regarding rental caps, lease duration, or tenant responsibilities.
  • HOA may hold the property owner liable for tenant violations (e.g., noise, parking issues).


For additional reference please CLICK HERE