#Hoa covenants versus guidelines code#

#Hoa covenants versus guidelines code#

Chapter 42 of the Texas Local Government Code sets forth what area is a city’s statutory ETJ based on city population.Ĭlear as mud. That determination requires not only a review of the HOA rules but also an examination of whether the residence is located within city limits or located in the city’s extraterritorial jurisdiction (ETJ). You may have heard it said that city laws don’t apply if your property is subject to homeowners’ association rules. In the suburbs, particularly here in Houston, it is easy to assume there are no additional municipal laws that pertain to your property, or an assumption you are not subject to city control, but that is not true.Īt times, confusion results when determining which law is applicable to properties in planned unit developments. Whether you purchase a home subject to a property-owners’ association rules, or simply move into a municipality/city, you must comply with both HOA rules and the laws/ordinances of the city, county, state and federal laws. The statutory framework for HOAs is set forth in Chapter 209 of the Texas Property Code.īecoming a property owner in a development subject to Homeowners’ Association Rules or Restrictions means you automatically agree to live by the restrictions or HOA rules. The term “deed restriction” is often used interchangeably with “HOA rules” but this is not completely correct. The CCRs are commonly referred to as homeowners’ association (HOA) rules. Subdivisions are often governed by a Homeowners’ Association, a legal entity created in the document that contains the “rules.” The document is called a “Declaration of Covenants, Conditions and Restrictions” or some variation of that. Residential communities (urban and suburban) result from development agreements between real estate developers and municipalities (cities), and most of the time those development agreements contain certain covenants, conditions, and restrictions (CCRs) which are privately created rules between parties to the agreement regarding use and improvement of property. It can be difficult to determine whether or what rules, restrictions, or ordinances a home or property is subject to. Subdivisions can be built within or outside of city limits, within county lines, or in unincorporated areas. There are city ordinances, and even “deed restrictions” imposed on various properties, but you will see warehouses next to houses, restaurants next to schools, and generally a less structured format than many other cities in the United States.ĭevelopers and cities work together in Texas and generally effectuate some type of planning when developing “planned unit developments” or subdivisions. When you travel our city, you quickly realize there are no true commercial, residential or high-rise areas of town, as there are no strict “zoning” laws that regulate development.

Houston, Texas, is a sprawling municipality, encompassing 655 square miles, the largest land area by far of the 10 most populated American cities.