What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Aesthetics: While HOAs cannot prohibit xeriscaping, they can regulate it to ensure it complements the neighborhood's look.
No, the HOA cannot enter your property without permission.
An HOA in Texas may access a resident's home as needed for the upkeep of shared utilities or common spaces. Although the home itself might not require maintenance by the HOA, some areas, such as balconies, may.
The governing documents should stipulate the conditions under which the property owners' association may access the premises. It's also important to mention here that HOAs must provide the homeowner with written notice at least one to two weeks before entering the property unless there is an emergency.
When you buy a property in an HOA-governed community, you are obliged to become a member of the association and abide by its rules and regulations, which you cannot legally decline.
Unfortunately, yes, an HOA can fine you for backyard rule violations if the rules are spelled out in the community's governing documents. HOAs often have rules about things like backyard maintenance, fencing, or even how you landscape. If you're breaking those rules, the HOA is within its rights to fine you.
Texas Property Code 202.007 restricts HOAs from preventing homeowners from collecting rainwater, composting, implementing drip irrigation, and using drought resistant landscaping.
Texas Property Code Section 202.010 forbids HOAs and property owners associations from prohibiting outright a property owner from installing a solar energy device as defined by Texas Tax Code Section 171.107.