Legislative Changes that could Impact your HOA
The 89th Texas Legislature is currently reviewing several proposed bills that could significantly influence how Homeowners Associations (HOAs) function. These legislative updates include modifications to various sections of the Texas Property Code, which governs the formation, operation, and management of homeowners associations.
Key terms like Homeowners Association refer to private entities that manage neighborhoods and subdivisions, often enforcing aesthetic standards, collecting dues, and maintaining shared spaces. Much of the legislation discussed here falls under Chapter 209 of the Texas Property Code, governing the powers and limitations of Homeowners Association. Several new bills were passed to empower homeowners in areas where they’ve historically had limited recourse.
Let’s dive into eight key changes and explore how these proposed reforms could reshape community living throughout Texas. .
House Bill 5011 allows homeowners involved in lawsuits against their Homeowners Association to temporarily withhold assessment payments until their case is resolved, easing financial burdens during litigation.
House Bill 5225 particularly Section 209.0151, strips Homeowners Association of the authority to control aesthetic elements of home improvements such as color, materials, or types as long as those changes comply with municipal building codes. This effectively removes the Homeowners Association's control over aesthetic decisions that were previously enforced, regardless of safety or legal concerns.
House Bill 431 ensures homeowners can install solar roof tiles without interference from the Homeowners Association, supporting Texas' commitment to renewable energy.
In light of increasing drought conditions, environmental considerations also shaped laws like HB 359, HB 517, and Senate Bill (SB) 542, which collectively prevent HOA from sending violations or fining residents for brown lawns or landscaping changes caused by drought.
HB 1432 limits an HOA’s ability to prevent homeowners from using drought-resistant landscaping in place of natural turf.
HB 2269 prohibits HOAs from requiring homeowners to install living grass or turf.
These updates significantly limit HOA's control over yard maintenance while promoting sustainability.
HB 294 broadens the scope of personal gardening rights by allowing homeowners to grow fruits, vegetables, and keep up to six domestic fowl or rabbits anywhere on their property including front yards.
HB 2013 and SB 141 safeguard homeowners' rights to keep chickens, with SB 141 setting a limit of six birds , reflecting the growing popularity of urban homesteading.
HB 1087 and SB 704 demand democratic transparency within Homeowners Associations by requiring special elections to fill board vacancies, even in cases of mid-term resignations.
The new legislation represents a dramatic evolution in homeowner rights, signaling a move toward greater personal freedom and reduced HOA influence over private property. These changes offer a more equitable model of property ownership where individuals are encouraged to conserve resources, grow their own food, and install green technologies without excessive red tape.
However, the shift comes with challenges. Homeowners must take a more active role in responsibly managing their property, and HOAs will need to modernize their policies, which may involve legal consultations and revised community engagement strategies. To ease the transition, the state could offer standardized training for HOA boards on the new laws, and cities could publish clear guidelines that define how building code compliance will substitute for prior aesthetic enforcement.
Ultimately, these reforms create an opportunity for a healthier relationship between HOAs and the communities they serve, one based more on cooperation than control. For homeowners, it’s a long-overdue expansion of rights. For HOAs, it’s a call to evolve from enforcers into facilitators of thriving, sustainable neighborhoods.
