Living in a homeowners association now comes with more rights

Abby Lee | Issues columnist

Jul. 16, 2012

If you live in a neighborhood governed by a homeowners association (HOA) there are a few recent legislative changes you should know about.

One of the biggest changes to the law is that in order for an HOA to enforce any bylaw or rule against an owner, those governing documents must be recorded with the county. If they are not recorded with the county, the HOA rules cannot be enforced against an owner.

Additionally, an HOA can no longer wholly prevent a homeowner from doing the following:

Installing a solar-energy device on the property
Installing and using rain-harvesting devices
Displaying certain religious items on the entry of the property
Installing roof shingles that are wind and/or hail resistant, energy efficient, or solar generating
Flying the U.S., Texas, or a branch of the U.S. armed forces flag.

While property owners now enjoy these rights, homeowners associations do have discretion to place certain requirements on the size and aesthetics of these items.

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