Texas HOA ADUs & Modifications

Key Findings

• Start with the community type. Condominiums recorded on or after January 1, 1994 fall under Chapter 82, pre-1994 condominiums under Chapter 81, and residential planned communities under Chapter 209 — while the restrictive-covenant and owner-protective rules of Chapter 202 apply across all of them.¹
• The Chapter 202 section mapping is fixed, and you have to cite it exactly: solar § 202.010, roofing § 202.011, flags § 202.012, assembly and speech § 202.013, religious items § 202.018, generators § 202.019, firearms § 202.021, swimming-pool enclosures § 202.022, security measures § 202.023, and prohibited covenants — composting, rainwater, drought-resistant landscaping — § 202.007.²
• Texas has no dedicated HOA or POA electric-vehicle-charging statute. The declaration and the architectural-review process govern EV charging.³
• The Texas Real Estate Commission keeps a management-certificate database under Chapter 209 § 209.004, but it does not regulate association operations or license managers.⁴
• HOA disputes are civil. They run from the District Courts to the regional Courts of Appeals to the Texas Supreme Court; the Texas Court of Criminal Appeals is not in the civil path.⁵

Details

Section 1: Overview — ADUs and modifications in Texas

Texas hands an association its power to review member modifications through a three-part statutory framework: the Texas Uniform Condominium Act (Tex. Prop. Code Chapter 82), the Texas Residential Property Owners Protection Act (Chapter 209), and the restrictive-covenant chapter (Chapter 202).¹ Chapter 202 sits at the center of the modification question, because it spells out the owner protections that cap what an association can do about specific changes — solar energy devices (§ 202.010), certain roofing materials (§ 202.011), flag display (§ 202.012), religious items (§ 202.018), standby generators (§ 202.019), firearms (§ 202.021), and security measures (§ 202.023), among others.² Accessory dwelling units (ADUs) stay a municipal-zoning question, and Texas courts enforce recorded covenants hard.⁶

On which statute controls, Chapter 82 governs condominiums whose declaration was recorded on or after January 1, 1994, and it descends from the 1980 Uniform Condominium Act; the older Chapter 81 governs pre-1994 condominiums.⁷ Chapter 209 is a bespoke Texas statute for residential subdivision property owners' associations, and Chapter 202 supplies the restrictive-covenant and owner-protective rules that cut across community types.¹

The solar protection is strong, but it comes with conditions: a covenant that prohibits or restricts a solar energy device is void, though the association may impose reasonable location restrictions, and a declarant may restrict devices during the development period for a development with fewer than 51 planned units.⁸ Whether an ADU is allowed turns on municipal zoning plus the recorded declaration, with no confirmed statute preempting association covenants.⁶ Several federal overlays bind every association no matter what Texas law says: the Freedom to Display the American Flag Act of 2005 (the U.S. flag), the FCC OTARD Rule (antennas and satellite dishes), the Fair Housing Act (reasonable modifications for disability), and ADA Title III (common-area public accommodations).⁹ The sections that follow lay out the framework, the compliance duties it creates, and the recent moves in the Legislature and the courts.

Section 2: The legal framework

2A. The three statutes

The Texas Uniform Condominium Act, Tex. Prop. Code Chapter 82, governs commercial, industrial, residential, and other condominiums whose declaration was recorded on or after January 1, 1994 (§ 82.002(a)).⁷ A condominium recorded before that date answers to the older Texas Condominium Act, Chapter 81, though § 82.002(c) reaches an enumerated list of Chapter 82 sections back to pre-1994 condominiums, and a pre-1994 condominium can opt into Chapter 82 by amendment.⁷ Chapter 82 belongs to the UCIOA family and is based on the 1980 Uniform Condominium Act.¹

The Texas Residential Property Owners Protection Act, Chapter 209, governs residential subdivision property owners' associations. It sets owner rights and limits on association authority, including architectural-review procedures for associations of more than 40 lots (§ 209.00505), notice before enforcement action (§ 209.006), a hearing before the board (§ 209.007), and the assessment-lien and foreclosure process.¹⁰ Under § 209.00505, an owner may appeal an architectural denial to the board; the denial notice must describe the basis for the denial and any changes that would secure approval; and the owner may request a hearing within 30 days.¹⁰

Chapter 202 (Construction and Enforcement of Restrictive Covenants) is the cross-cutting statute. Section 202.003 says a court construes a restrictive covenant liberally to give effect to its purposes and intent, and § 202.004 says an association's exercise of discretionary authority over a restrictive covenant is presumed reasonable unless it is arbitrary, capricious, or discriminatory — and it authorizes civil damages up to $200 for each day of a violation.¹¹ Outside the enumerated protections, the declaration sets architectural review, and Texas courts hold associations strictly to recorded covenants while construing residential covenants to carry out their intent.¹² The Texas Real Estate Commission keeps a management-certificate database under § 209.004; an association must record a management certificate with the county and file it electronically with the Commission, but the Commission only files and databases — it does not regulate association operations or license managers.⁴

2B. The owner-protective provisions: solar, roofing, flags, and more

Section 202.010 governs solar energy devices. An association may not adopt or enforce a dedicatory-instrument provision that prohibits or restricts an owner from installing a solar energy device (§ 202.010(b)), and any provision that violates that subsection is void (§ 202.010(c)).¹³ The association may still enforce the conditions § 202.010(d) authorizes: it can bar a device that a court has adjudged a threat to public health or safety or a violation of law; a device on association-owned or common property; one located somewhere other than the roof or a fenced yard or patio; one that extends higher than or beyond the roofline; or one whose frame, bracket, or visible wiring is not silver, bronze, or black.¹³ Under § 202.010(e), the association or its architectural review committee may not withhold approval once the § 202.010(d) conditions are met unless it determines in writing that the placement substantially interferes with the use and enjoyment of the land by causing unreasonable discomfort or annoyance — and the written approval of all adjoining owners is prima facie evidence that no such condition exists.¹³ During the development period for a development with fewer than 51 planned residential units, the declarant may prohibit or restrict a device (§ 202.010(f)).¹³ HB 431 (89th Leg., effective May 29, 2025) amended § 202.010(a)(2) to make clear that a "solar energy device" includes solar roof tiles.⁸

Several other categories are protected, each under its own section. Certain roofing materials — wind-resistant, hail-resistant, or energy-efficient shingles — are protected under § 202.011.² Display of the United States flag, the Texas state flag, and an official or replica flag of a branch of the U.S. armed forces is protected under § 202.012, subject to reasonable rules on flagpole size, number, location, lighting, and halyard noise.¹⁴ Religious items displayed out of sincere religious belief are protected under § 202.018, subject to conditions that include a 25-square-inch limit on an item on an entry door or door frame.¹⁵ Standby electric generators are protected under § 202.019, firearms and ammunition under § 202.021, and security measures such as security cameras, motion detectors, and perimeter fences under § 202.023, with reasonable appearance restrictions allowed.¹⁶ Section 202.007 bars covenants that ban composting, rain barrels and rainwater harvesting, drought-resistant landscaping or water-conserving turf, and solar screens, subject to conditions.¹⁷ Electric-vehicle charging has no dedicated provision in Chapter 202 or anywhere else in Texas law; the declaration and the architectural-review process govern it.³ The upshot: each enumerated category is protected to the extent the statute says, while every other modification turns on the declaration, subject to the federal overlays.

2C. ADUs and federal overlays

Texas has no confirmed statewide statute that overrides an association's governing documents on ADUs. Land use is mostly a municipal matter, and Texas cities vary widely — Houston, for one, has no traditional zoning.¹⁸ So ADU permissibility runs on two layers: whether the municipality allows the ADU as a matter of zoning, and whether the recorded declaration allows it inside the community. Texas courts enforce recorded restrictive covenants, so an ADU covenant restriction generally holds.¹² Recent Texas housing legislation works at the municipal-zoning level and expressly leaves association covenants alone. SB 15 (2025) added § 211.057 to the Local Government Code, stating that "this subchapter does not prohibit property owners from enforcing rules or deed restrictions imposed by a homeowners' association or by other private agreement."⁶ SB 673 (2025) likewise provided in § 249.005 that "this chapter does not supersede, preempt, or apply to a historic preservation rule, deed restriction, or homeowners association rule that limits or prohibits the construction of an accessory dwelling unit" — but the bill died in the House and never became law.¹⁹ That sets Texas apart from HOA-preemption states such as California (Civ. Code § 4751) and Colorado (HB 24-1152), where statutes reach directly into association covenants on ADUs.²⁰

Four federal overlays bind every Texas association regardless of state law. The Freedom to Display the American Flag Act of 2005 protects display of the U.S. flag and stands apart from the Texas flag provision (§ 202.012), which also covers the Texas and military flags.²¹ The FCC OTARD Rule, 47 C.F.R. § 1.4000, limits restrictions on antennas and satellite dishes.²² The Fair Housing Act, 42 U.S.C. § 3604(f)(3), requires associations to allow reasonable modifications for disability, generally at the resident's expense.²³ And ADA Title III reaches common-area facilities that qualify as public accommodations.²⁴

Section 3: Compliance obligations created by the framework

A. Architectural review process obligations

Review authority and process come from the declaration and, for associations of more than 40 lots, from Chapter 209. Under § 209.00505, an architectural denial must be in writing, must describe the basis for the denial and any changes that would win approval, and can be appealed to the board — and the owner can ask for a hearing within 30 days.¹⁰ An association must give notice before certain enforcement actions (§ 209.006) and hold a hearing before the board (§ 209.007), and when it exercises discretionary authority under a covenant, that exercise is presumed reasonable unless it is arbitrary, capricious, or discriminatory under § 202.004(a).¹¹ Written decisions and recordkeeping flow from both Chapter 209 and the declaration.

B. Modifications the association must permit

Solar energy devices under § 202.010: a prohibition is void, but reasonable location conditions and a written substantial-interference determination are allowed, and a declarant may restrict during the development period for developments with fewer than 51 planned units.¹³ Certain roofing materials fall under § 202.011, flags under § 202.012, religious items under § 202.018, standby generators under § 202.019, security measures under § 202.023, and water-conserving landscaping, composting, and rainwater harvesting under § 202.007.² Federal overlays add the U.S. flag (Freedom to Display the American Flag Act), antennas and dishes (OTARD, 47 C.F.R. § 1.4000), reasonable modifications for disability (FHA, 42 U.S.C. § 3604(f)(3)), and common-area accessibility (ADA Title III).⁹ Read them the same way: each state protection is a void-if-it-prohibits rule with reasonable conditions, not an unconditional right.

C. ADU obligations and limits on HOA authority

An association has no statutory duty to permit ADUs against the declaration. Municipal zoning binds the locality, the recorded declaration governs inside the community, and Texas courts enforce it firmly.¹⁸ No Texas statute preempts association ADU covenants.⁶

D. Enforcement, dispute resolution, and appeal obligations

Chapter 209 sets the enforcement, notice, hearing, and lien-and-foreclosure procedures for residential planned communities, and the declaration may add more.¹⁰ Civil disputes run from the District Courts (and County Courts at Law for smaller matters) up to the regional Courts of Appeals and then the Texas Supreme Court; the Texas Court of Criminal Appeals hears only criminal matters and never enters the civil path.⁵

Section 4: Recent legislative and judicial activity

A. Recent bills

B. Recent appellate rulings

C. Active legislative debates

Housing-supply proposals stay active in Texas, including renewed ADU legislation of the kind that passed the Senate but died in the House in 2025 (SB 673) and continued municipal-zoning measures. Each recent version has preserved HOA deed restrictions rather than reaching into association covenants.¹⁹

Section 5: National positioning and related coverage

Texas sits among the comprehensive multi-statute states. What sets it apart is an enumerated owner-protective covenant regime in Chapter 202 — solar, roofing, flags, religious items, generators, firearms, security, and water-conserving landscaping — a bifurcated high-court structure with separate civil and criminal courts of last resort, and a management-certificate filing system run by the Texas Real Estate Commission.² On ADUs, Texas parts ways with HOA-preemption states such as California (Civ. Code § 4751) and Colorado (HB 24-1152): here the ADU question is a municipal-zoning matter, recorded covenants are enforced hard, and no statute reaches association ADU covenants, while solar stays protected under § 202.010.²⁰ For a multi-state operator, the practical read is this: the Texas modification analysis runs through the enumerated Chapter 202 protections and the declaration, and ADUs stay a zoning-and-declaration question.

HOA Weekly's Texas ADUs and Modifications coverage updates quarterly as the Legislature and the Texas courts act. The federal frameworks — the Freedom to Display the American Flag Act, OTARD, the Fair Housing Act, and the ADA — apply to Texas associations regardless of the state framework.

Recommendations

• Boards and managers should map each modification request to its exact Chapter 202 section before deciding, and treat solar (including roof tiles), roofing, flags, religious items, generators, firearms, and security measures as protected categories where a blanket ban is void.
• For a solar denial, put any substantial-interference determination in writing under § 202.010(e) and hold the other conditions to those § 202.010(d) authorizes; a blanket denial invites a void-covenant challenge.
• For ADUs, run the two-layer analysis — municipal zoning plus the recorded declaration — and enforce covenant restrictions consistently. The one development that would change this posture is a future statute expressly reaching association ADU covenants, which no 2025 bill did.

Caveats

• Confirm every section number, subsection mechanic, and effective date against statutes.capitol.texas.gov before publication; the statute is amended each odd-year regular session.
• SB 673 (ADUs) did not become law. We include it only to show the Legislature's direction and its express preservation of deed restrictions.
• Chapter 202 uses fixed section numbers that are easy to transpose. The confirmed mapping puts solar at § 202.010, roofing at § 202.011, and flags at § 202.012 — and flag display was redesignated from a former § 202.011 in 2013, a common source of error.

1. Homeowners Protection Bureau, Texas Property Code, Title 11, Restrictive Covenants (overview of Chapters 82, 209, 202); statutes.capitol.texas.gov, Property Code Chapter 82 (Uniform Condominium Act) ↩
2. Tex. Prop. Code Ch. 202, section index (Justia, 2025), listing §§ 202.007, 202.010, 202.011, 202.012, 202.013, 202.018, 202.019, 202.021, 202.022, 202.023; see also statutes.capitol.texas.gov, Property Code Chapter 202 ↩
3. Texas Dept. of Licensing and Regulation, EV Charging Stations, Laws and Rules; see also U.S. DOE Alternative Fuels Data Center, EV Charging Station Policies for Associations (Texas has no HOA right-to-charge statute) ↩
4. Texas Real Estate Commission, Why TREC Maintains an HOA Management Certificate Database ("TREC does not have regulatory authority to license or register HOAs"); Tex. Prop. Code § 209.004, Management Certificates ↩
5. Supreme Court of Texas opinion in Tarr v. Timberwood Park (civil HOA matter decided by the Texas Supreme Court); court structure per Texas Judicial Branch, txcourts.gov ↩
6. Tex. SB 15 (89th Leg., R.S., 2025) bill analysis (HOA requirements and deed restrictions not impacted); SB 15 status: signed 2025-06-20, effective 9/1/25 (LegiScan) ↩
7. Tex. Prop. Code § 82.002, Applicability (declaration recorded on or after Jan. 1, 1994; § 82.002(c) list applicable to pre-1994 condominiums) (statutes.capitol.texas.gov) ↩
8. Tex. HB 431 (89th Leg., R.S., 2025), status Passed / effective 2025-05-29 (LegiScan); HB 431 Senate Research Center Bill Analysis (amends Tex. Prop. Code § 202.010(a)(2)) ↩
9. FCC, Over-the-Air Reception Devices (OTARD) Rule, 47 C.F.R. § 1.4000; HUD, reasonable modifications under the Fair Housing Act, 42 U.S.C. § 3604(f)(3) ↩
10. Tex. Prop. Code § 209.00505, Architectural Review Authority (denial notice, appeal to board, 30-day hearing request); Texas State Law Library, Property Owners' Associations research guide (§§ 209.006, 209.007) ↩
11. Tex. Prop. Code §§ 202.003, 202.004 (liberal construction; discretionary authority; civil damages up to $200/day) (Texas Legislative Council) ↩
12. Tarr v. Timberwood Park Owners Ass'n, 556 S.W.3d 274 (Tex. 2018) (strict construction of restrictive covenants; covenants enforced as written) ↩
13. Tex. Prop. Code § 202.010, Regulation of Solar Energy Devices (subsections (b), (c), (d), (e), (f)); original at statutes.capitol.texas.gov ↩
14. Tex. Prop. Code § 202.012, Flag Display (U.S., Texas, and armed-forces flags; reasonable flagpole and lighting rules); Texas State Law Library, Flying the Flag guide ↩
15. Tex. Prop. Code § 202.018, Regulation of Display of Certain Religious Items (sincere religious belief; 25-square-inch limit on entry door or door frame) ↩
16. Tex. SB 1588 (87th Leg., 2021) bill analysis adding § 202.023 Security Measures (cameras, motion detectors, perimeter fences); §§ 202.019 (generators) and 202.021 (firearms) per Ch. 202 index (Justia) ↩
17. Texas State Law Library (§ 202.007: rain barrels, composting, efficient irrigation, drought-resistant landscaping); text at Tex. Prop. Code § 202.007 ↩
18. ADU Housing Laws and Regulations in Texas (Texas sets no statewide ADU rules; zoning left to municipalities; Houston lacks citywide zoning) ↩
19. Tex. SB 673 (89th Leg., R.S., 2025) bill analysis (§ 249.005 preserves deed restrictions and HOA rules); SB 673 status: engrossed, placed on House General State Calendar 2025-05-26, died in chamber (LegiScan) ↩
20. Davis-Stirling (California Civ. Code framework for common-interest developments); contrast Colorado HB 24-1152, Colorado General Assembly, HB 24-1152 (accessory dwelling units) ↩
21. Freedom to Display the American Flag Act of 2005, Pub. L. 109-243 (Congress.gov) ↩
22. FCC, Over-the-Air Reception Devices Rule, 47 C.F.R. § 1.4000 ↩
23. HUD, reasonable modifications and accommodations under the Fair Housing Act, 42 U.S.C. § 3604(f)(3) ↩
24. U.S. Dept. of Justice, ADA Title III (public accommodations) ↩
25. Tex. SB 711 (89th Leg., R.S., 2025) enrolled bill analysis (Chapter 82 management-certificate duties; § 209.00506 redesignation; § 202.023 fence placement); signed 2025-05-13, effective 9/1/2025 ↩
26. Li v. Pemberton Park Community Ass'n, No. 20-0571 (Tex. Oct. 1, 2021) (per curiam) (txcourts.gov) ↩
27. Tarr v. Timberwood Park Owners Ass'n, Inc., 556 S.W.3d 274, No. 16-1005 (Tex. May 25, 2018) (txcourts.gov) ↩