Texas Property Code

Title 11. Restrictive Covenants

Chapter 204 – Protective Covenants (Older & Non-Mandatory HOAs)

Chapter 204 governs protective covenants in certain residential subdivisions—primarily older neighborhoods or communities where mandatory HOA membership does not apply. This chapter limits the authority of property owners’ associations, clarifies when assessments can be imposed, and protects homeowners from being forced into obligations that were not properly created or approved. Chapter 204 exists to prevent associations from expanding power beyond what the recorded covenants allow and to ensure that property owners are not subjected to mandatory fees, enforcement, or control without clear legal authority.

This chapter is especially important in communities where an HOA claims authority but membership, assessments, or enforcement rights are unclear, optional, or historically inconsistent.

What This Chapter Covers

  • When and how protective covenants apply
  • Limits on HOA authority in non-mandatory or legacy subdivisions
  • Requirements for imposing assessments and fees
  • Restrictions on expanding HOA power without owner approval
  • Rules governing amendment of protective covenants
  • Protections against forced membership or unauthorized enforcement
  • Owner rights when associations exceed recorded authority

  • Sec. 204.001. DEFINITIONS.

  • Sec. 204.002. APPLICABILITY.

  • Sec. 204.003. APPLICABILITY TO CERTAIN SUBDIVISIONS.
  • Sec. 204.004. AUTHORITY OF PROPERTY OWNERS’ ASSOCIATION.
  • Sec. 204.005. ASSESSMENTS; COLLECTION; LIABILITY.
  • Sec. 204.006. AMENDMENT OF PROTECTIVE COVENANTS.
  • Sec. 204.007. RESTRICTIONS ON USE OF ASSESSMENTS.
  • Sec. 204.008. EFFECT OF CERTAIN AMENDMENTS.

How Chapter 204 Protects You

Chapter 204 protects homeowners from overreach by associations operating in communities where HOA authority is limited, optional, or improperly expanded over time. It prevents HOAs from imposing mandatory assessments, enforcing new restrictions, or claiming control unless those powers are clearly supported by the recorded covenants and properly adopted amendments.

If an association attempts to convert a voluntary or limited HOA into a mandatory one, imposes fees without clear authority, amends covenants without the required owner approval, or enforces rules beyond what the original restrictions allow, Chapter 204 provides the legal framework to challenge those actions. It ensures that homeowners are bound only by obligations they actually agreed to through valid, recorded covenants—not by later power grabs or informal practices.

Disclaimer

This page summarizes Texas Property Code Chapter 204 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.