Texas Property Code

Title 11. Restrictive Covenants

Chapter 202 – Restrictive Covenants & Enforcement

Chapter 202 establishes the rules for how restrictive covenants—your community’s deed restrictions—must be interpreted, applied, and enforced. It prevents HOAs from acting arbitrarily or inconsistently, requires fair and uniform enforcement, and protects homeowners from selective treatment or rules that are unclear or improperly adopted. This chapter also governs architectural control decisions, requiring HOAs and ACC committees to act reasonably and within the authority granted by the recorded restrictions. If an HOA denies requests without proper basis, enforces rules unevenly, or ignores violations by some owners while targeting others, Chapter 202 is the law that holds them accountable.

What This Chapter Covers

  • How restrictive covenants must be interpreted
  • Requirements for fair, uniform, and nondiscriminatory enforcement
  • Limits on HOA and ACC/ARC authority
  • Standards for approving or denying architectural requests
  • Rules preventing selective, arbitrary, or unreasonable enforcement
  • Owner protections when HOAs exceed their authority
  • Requirements for properly adopted restrictions and dedicatory instruments

How Chapter 202 Protects You

Chapter 202 gives homeowners critical protections against HOAs that enforce rules selectively, inconsistently, or outside the authority granted by the recorded restrictions. It requires architectural committees to act reasonably, prevents HOAs from creating new rules without proper adoption, and prohibits arbitrary or retaliatory enforcement. If an HOA approves one homeowner’s project but denies another’s similar request, fails to enforce violations evenly, or bases decisions on unwritten or unclear standards, Chapter 202 gives homeowners a legal foundation to challenge those actions and demand accountability.

Disclaimer

This page summarizes Texas Property Code Chapter 202 for educational purposes only. It is not legal advice. Always review the official statute and consult legal counsel for guidance related to your specific situation.