Politicians shied from the explosive issue, but on October 15 Governor John Ireland called a special session of the legislature to meet on January 8, 1884. After a deluge of petitions and heated debates, the legislature made fence cutting a felony punishable by one to five years in prison.
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. This legislation ensures that if you own a property, your HOA cannot categorically deny you the right to a fence installation.
The answer: Fence ownership is determined by where your fence lays on the property line. If your fence is right on the property line between your neighbor's property and your property, neither you nor your neighbor owns a side; it's a shared fence responsibility.
Fencing laws in Texas are essential to property ownership, particularly in areas where open-range laws apply. Under these laws, property owners are legally obligated to and maintain a “sufficient fence” to keep stray livestock out of their yards.
Homeowners associations (HOAs) can no longer deny building a fence for security. ing to a state law passed on Texas HOA fence rules in 2021, homeowners anywhere in the state are allowed to put up a perimeter fence for added security along the front, sides and/or back of their property.
A solid fence constructed along a property line may not be more than 6 feet high, measured from the natural grade up. If there is a change in grade of at least 1 foot, measured along any section of a solid fence on a property line, then the portion of the fence where the grade change occurs may be up to 7 feet high.
While you might want to know how to get around HOA fence rules, there is no way to circumvent these rules. Breaking the rules and regulations of your HOA can result in fines, lawsuits, and other penalties. The best way to navigate a fence dispute is to work with local authorities and be willing to compromise.
The new law will require that homeowners association policies must include general categories of restrictive covenants for which the association may assess fines, a schedule of fines for each category of violation, and information on hearings.