Tex.
Prop. Code Section 202.007
Certain Restrictive Covenants Prohibited
(a)
A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:(1)
implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass;(2)
installing rain barrels or a rainwater harvesting system;(3)
implementing efficient irrigation systems, including underground drip or other drip systems; or(4)
using drought-resistant landscaping or water-conserving natural turf.(b)
A provision that violates Subsection (a) is void.(c)
A property owners’ association may restrict the type of turf used by a property owner in the planting of new turf to encourage or require water-conserving turf.(d)
This section does not:(1)
restrict a property owners’ association from regulating the requirements, including size, type, shielding, and materials, for or the location of a composting device if the restriction does not prohibit the economic installation of the device on the property owner’s property where there is reasonably sufficient area to install the device;(2)
require a property owners’ association to permit a device described by Subdivision (1) to be installed in or on property:(A)
owned by the property owners’ association;(B)
owned in common by the members of the property owners’ association; or(C)
in an area other than the fenced yard or patio of a property owner;(3)
prohibit a property owners’ association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes;(4)
prohibit a property owners’ association from regulating the installation or use of gravel, rocks, or cacti;(5)
restrict a property owners’ association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation;(6)
require a property owners’ association to permit a rain barrel or rainwater harvesting system to be installed in or on property if:(A)
the property is:(i)
owned by the property owners’ association;(ii)
owned in common by the members of the property owners’ association; or(iii)
located between the front of the property owner’s home and an adjoining or adjacent street; or(B)
the barrel or system:(i)
is of a color other than a color consistent with the color scheme of the property owner’s home; or(ii)
displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured;(7)
restrict a property owners’ association from regulating the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot, or a common area if:(A)
the restriction does not prohibit the economic installation of the device or appurtenance on the property owner’s property; and(B)
there is a reasonably sufficient area on the property owner’s property in which to install the device or appurtenance; or(8)
prohibit a property owners’ association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners’ association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision.(d-1)
A property owners’ association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision.(e)
This section does not apply to a property owners’ association that:(1)
is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located; and(2)
manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space.
Source:
Section 202.007 — Certain Restrictive Covenants Prohibited, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm#202.007 (accessed Apr. 13, 2024).
