NEW TEXAS LAW FOR HOMEOWNERS AND HOA'S BEGINNING SEPTEMBER 1, 2022:

Senate Bill 1588:

Homeowners anywhere in Texas will be allowed to put up a perimeter fence around their property for added security (front, sides, and/or back of homeowner's property). The law specifically states that homeowners associations (HOA's) cannot restrict it (i.e: New fence/gate around homeowner's front yard/driveway). Homeowners associations are allowed to enforce covenants which mandate the type of fence material that must be used. If required by the HOA, homeowners must obtain prior approval for the material of any new fence being built, but not the fence itself. Replacement of established fences (i.e: backyard fences) with existing material, do not need prior approval.

Homeowners are allowed to install a perimeter fence around their pool, as well as security cameras and motion sensors on their property without prior approval. HOA's are allowed to enforce covenants which prohibit homeowners from installing security measures outside of the homeowner's property.

HOA's are prohibited from restricting homeowners who display religious items on their property. HOA's may only enforce covenants which prohibit religious items that violate a law, contain graphic language, pose a threat to public health/safety, or are offensive to the public (other than its religious content).

Resale certificate fees are now capped at $375 and updated resale certificate fees at $75. Deadline for HOA to deliver such certificate is now 5 days as opposed to 7. Homeowners are now permitted to seek a judgement against HOA for no more than $5,000 for failure to deliver certificate in a timely manner.

If your HOA board makes a budget amendment, they must do it now at an open public meeting.

Any HOA must obtain bids before awarding any contract more than $50,000.

The bill prohibits a person from serving on an architectural review committee ("ACC") if the person is: 1) a current board member; 2) a current board member's spouse; or 3) a person residing in a current board member's household.

If you are late paying your HOA dues, your HOA can still report you to a credit reporting agency but they can't charge you the fee to do that. You now have 45 days instead of 30 days to cure a delinquency. HOA must now send homeowner requisite enforcement action "209" notice prior to reporting to credit agency.

Bill has been passed and goes into effect on September 1, 2022.

I look forward to collecting 5k for no resale certificate in 5 days

I like the fee limits. Boy the fence issue is gonna make some neighborhoods burn. Think about what happens on a regular street and one owner builds a 10 foot privacy fence and gated driveway around his entire property. Yee Haa.

Yeah, there's some legitimate sight line issues with fences built at front property line…especially backing down a driveway.

SB 1588 went into effect last September.

Looks like 9-1-21 it took effect. Still relatively new.

https://capitol.texas.gov/tlodocs/87r/billtext/html/sb01588f.Htm

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Yeah, there's some legitimate sight line issues with fences built at front property line…especially backing down a driveway.

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Wouldn't that be covered by city code? Not in an HOA, but here in our city, a fence has to step down leading up to the road - ending at 3' for an opaque fence & 4' for chain link.

SteveBott said:

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I like the fee limits. Boy the fence issue is gonna make some neighborhoods burn. Think about what happens on a regular street and one owner builds a 10 foot privacy fence and gated driveway around his entire property. Yee Haa.

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"Homeowners associations are allowed to enforce covenants which mandate the type of fence material that must be used"

I would bet that the covenants, if not already, will be amended to the fence materials allowed from the front line of the house to the front property line and along the front property line. Seems like they could easily write rules for chain link only, or even some very expensive fencing material.

schwack schwack said:

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Yeah, there's some legitimate sight line issues with fences built at front property line…especially backing down a driveway.

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Wouldn't that be covered by city code? Not in an HOA, but here in our city, a fence has to step down leading up to the road - ending at 3' for an opaque fence & 4' for chain link.

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So this doesn't cover cities that don't allow front fences at all?

So my quirky neighbor built this fence after his, and mine, got knocked down by the tornado hit our street this March. I'd bet good money if he knew about these fence rules this fence would of been extended to the sidewalk.

Not sure if he did this for security or privacy but notice the metal cross bars. They are a ladder to get in his yard. I asked his neighbors about the shared fence and they said he offered to pay 100% of the cost so did not object.

What am I missing?

That grass is thirsty!

schwack schwack said:

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Yeah, there's some legitimate sight line issues with fences built at front property line…especially backing down a driveway.

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Wouldn't that be covered by city code? Not in an HOA, but here in our city, a fence has to step down leading up to the road - ending at 3' for an opaque fence & 4' for chain link.

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There are thousands of HOA-regulated homes in master-planned communities that are not within any city limits. See greater Houson area.

So am I reading correctly that this means anyone in an HOA will be able to fence along their entire property line? But the HOA still has a say on the fence specs, materials?

I'm confused about the emphasis on the HOA here. Is this specifically aimed at HOA and HOA rules? Or is this intended to invalidate these restrictive covenants wherever they exist?

In my neighborhood I cannot build any kind of fence beyond the building setback line (ie the front of the house), but its not the HOA telling me I can't do that (although they may be involved in continuing to maintain and enforce them so they remain in effect), its attached to my title in the property via Deed Restrictions.

Deed restrictions = HOA

NoahAg said:

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Deed restrictions = HOA

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"Deed restrictions aren't HOA rules"
https://www.realtor.com/advice/buy/deed-restrictions-can-limit-home/amp/

Check your survey for your actual property line before you do this. The street right of way is likely way further back then you realize.

Aggie71013 said:

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Check your survey for your actual property line before you do this. The street right of way is likely way further back then you realize.

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This, I know where I live you cannot have a "structure" within 25' of the curb. Most homes are only set back about 30-40-feet so there will not be fences going out to the street or anything.

SteveBott said:

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So my quirky neighbor built this fence after his, and mine, got knocked down by the tornado hit our street this March. I'd bet good money if he knew about these fence rules this fence would of been extended to the sidewalk.

Not sure if he did this for security or privacy but notice the metal cross bars. They are a ladder to get in his yard. I asked his neighbors about the shared fence and they said he offered to pay 100% of the cost so did not object.

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I don't see anything that looks off with the fence? The backyard seems interesting though. What are those telephone poles, a zip line?

Our HOA covenants stipulate that any privacy fence that borders a sidewalk/street must have lattice on the upper 2ft and we can only have 6' fences. I'm wondering if that first paragraph nullifies those kinds of stipulations.

In this case the HOA regs are the deed restrictions. If they are enforced by the HOA, then they have to allow for the security fences.

HOA board member here and we're actively amending our DRs to reflect the changes at the state level.

Wish the state would move forward with the chicken thing too.

Martin Q. Blank said:

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What am I missing?

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That there must be some kinky stuff going on in that back yard!

OnlyForNow said:

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In this case the HOA regs are the deed restrictions. If they are enforced by the HOA, then they have to allow for the security fences.

HOA board member here and we're actively amending our DRs to reflect the changes at the state level.

Wish the state would move forward with the chicken thing too.

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got it...how does this interplay with setback requirements?

From neighboring property owners, it is my understanding that it shouldn't matter as fences can be put up on the "property line" but on your property unless mutually agreed to.

But set back from roads and what not, depends on road ownership and ROW easements.

in residential RE, I think of setback restrictions applying to the property itself, so I don't think that would apply to your fence lines.

I would imagine that fences that impede the "sight triangles" and things like that can/will still be restricted.

SteveBott said:

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Not sure if he did this for security or privacy but notice the metal cross bars.

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Where?

My mistake. Poles are metal and crossbars are wood. Still pretty easy to climb. As for those asking what they are looking at I explained that. The fence goes to the roof line.

What is the guy extended this fence to the sidewalk? How would that look like for the street? What if multiple homes did that?

Can you clarify what changes you are making?

Our deed restrictions prohibit fences in front of the residence so interested in how other HOA's are addressing this topic.

We are adding in the religious thing, and writhing the fence language directly into our current fence portion.

It's cut and dry, take out whatever restrictive lanaguge is there and replace with this.

You're still allowed to control "look" and type just not location.

Mind sharing who you are using to draft the amendment of the deed restrictions? We need to do the same in our small HOA.

Doing it myself.

Will pass on to a lawyer for lawyering afterwards.

If you've ever read your covenants/DRs and bylaws it's pretty much laid out very clearly.

The Fife said:

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Martin Q. Blank said:

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What am I missing?

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That there must be some kinky stuff going on in that back yard!

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yeah, that fence goes all the way up to the eave of the house. A touch taller than the average fence...

I need a suggestion on upcoming hearing with HOA.
Background
I have installed a circular driveway with an extension to park the car behind existing fence.
The permit was obtained for the driveway by city and hoa. The driveway is poured. I have also modified the fence to park the car behind the fence into the drivewasy extension. I have not taken a permit to modify my existing fence. My contractor told me that it is not required if you are modifying. The modification included a solar based movable fence gate. I have used two different contractors.The fence looks exactly same as old fence except it has movable gate with same fence material


They found it as violation due to below
"No structures, buildings, fences or walls will be erected, placed or altered on any Lot until the building plans, specifications and plat showing the location of such improvements have been approved in writing as to conformity and harmony of external design with existing improvements in the Property by the Architectural Review Committee..."
This apparent deception to the HOA and it's unacceptable installation is completely contrary to our prevalent yard's design and all the other *** homes here, where no other homes have an electric motorized fence for allowing auto access going from their front yard into the back yard.

Therefore, the homeowners are required to completely remove, within 30 days, all portions of the unauthorized: electric motor & motorized front fence, wheels & etc. sections (between the home and facing towards and replace it with just the normal matching wood & stain fence (as before) with only a regular 3 4 foot wide pedestrian access gate with latch.


I have sent a letter apologizing mis advice and not applying for the permit and I told them it was not my intention. They still rejected my appeal. In the hoa laws all it states is to get a permit nothing about the gate.
Please advice

What was the basis of their rejection?

Nonetheless, it seems that they might be violating the new fencing provisions that were signed into law under Section 202.023(b) in Senate Bill 1588:

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(b) Except as provided by Subsection (c), a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence.

(c) This section does not prohibit a property owners' association from:
(1) prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property; or
(2) regulating the type of fencing that a property owner may install.

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I think you can argue that being able to park you car in your backyard is a security measure. Depending on their basis of rejection, you might need to point this out to them and/or lawyer up.

Thanks for the reply. Their basis of rejection is as i pasted above from their notification. I also think they are upset becuase i did not get the permit before the work and they dont want any home owner to have this.

SteveBott said:

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So my quirky neighbor built this fence after his, and mine, got knocked down by the tornado hit our street this March. I'd bet good money if he knew about these fence rules this fence would of been extended to the sidewalk.

Not sure if he did this for security or privacy but notice the metal cross bars. They are a ladder to get in his yard. I asked his neighbors about the shared fence and they said he offered to pay 100% of the cost so did not object.

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In both houses I've owned, one side of the house had the fence just like this.