What Your HOA Can (and Can't) Restrict in Texas

HOA covenants can restrict a lot — paint colors, fence styles, parking, and more. But Texas law draws a few specific lines that a community's covenants can't cross, regardless of what's written in the declaration. These protections come from Chapter 202 of the Texas Property Code.

An HOA generally can't flatly prohibit a homeowner from installing a solar energy device. It can still typically impose reasonable rules about placement, screening, or aesthetics — the line between a "reasonable rule" and an effective ban is exactly the kind of thing that ends up disputed in practice.

Texas law protects a homeowner's right to display certain flags — including the U.S. and Texas flags, and flags honoring military service — on a reasonably sized flagpole or bracket, again subject to some reasonable placement rules an HOA can still set.

HOAs can't categorically ban drought-resistant or water-conserving landscaping. An association can still set reasonable aesthetic standards for how it's implemented, but it can't use covenants to force homeowners into water-intensive turf grass alone.

These protections limit what an HOA can restrict, but they don't eliminate the HOA's ability to set rules entirely — most disputes in this area are really about where the line falls between a legitimate aesthetic standard and a restriction that defeats the protected right. If your association is pushing back on one of these, the exact statutory language and how your specific covenants are worded both matter.

This page is general information, not legal advice. If your HOA is restricting a solar installation, flag display, or drought-tolerant landscaping, review Chapter 202 directly and talk to a licensed Texas attorney about your specific situation.