When people purchase property in a subdivision, they often focus on the home itself and overlook a separate set of rules that may govern the property for decades: restrictive covenants. These restrictions can control everything from architectural standards and fencing to commercial activity and property use.

What many Texas property owners do not realize is that restrictive covenants are not necessarily permanent or unchangeable. Texas law provides specific procedures for interpreting, modifying, extending, and enforcing these restrictions. Understanding those procedures can help avoid costly disputes and litigation.

What Are Restrictive Covenants?

Restrictive covenants are recorded agreements that limit how real property may be used. They typically appear in subdivision declarations, dedicatory instruments, or similar recorded documents.

Because restrictive covenants affect title to real property, they generally "run with the land," meaning they continue to apply even when ownership changes.

Common examples include:

• Architectural approval requirements
• Minimum square footage restrictions
• Prohibitions on commercial activity
• Fence and exterior appearance requirements
• Short-term rental restrictions
• Setback requirements

Texas Property Code Chapter 202

Texas Property Code Chapter 202 governs many aspects of restrictive covenants in residential subdivisions.

One of the most important provisions is Section 202.003, which states:

"A restrictive covenant shall be liberally construed to give effect to its purposes and intent."

This language is important because older Texas cases often favored strict construction of restrictions. The statute directs courts to focus on carrying out the intended purpose of the restrictions rather than defeating them through technical interpretation.

Can Restrictive Covenants Be Changed?

Yes.

Many property owners assume restrictive covenants can never be modified. In reality, most declarations contain amendment provisions that allow owners to alter restrictions through a specified voting procedure.

The amendment process is often highly technical. The governing document may require:

• Approval by a supermajority of owners
• Approval by a homeowners association
• Recording of an amendment in county real property records
• Compliance with notice requirements

A failure to comply with the required procedure may render the amendment unenforceable.

As a result, property owners attempting to challenge an HOA rule or change subdivision restrictions should carefully review both the governing documents and applicable statutes.

Extending Expiring Restrictions

Many older Texas subdivisions contain restrictive covenants that expire after a fixed period unless renewed.

When renewal provisions exist, property owners may need to follow specific procedures to extend restrictions before they lapse.

Failing to timely renew restrictions can create substantial uncertainty regarding future property use and development.

For developers, investors, and homeowner associations, tracking expiration dates can be critically important.

Who Can Enforce Restrictive Covenants?

The answer depends on the language of the governing documents.

Potential enforcement parties may include:

• Individual property owners
• Homeowners associations
• Architectural control committees
• Developers in certain circumstances

Texas courts generally examine the governing documents to determine whether a particular person or entity possesses enforcement rights.

A common mistake is assuming that only an HOA can enforce restrictions. In many subdivisions, neighboring property owners may also possess standing to bring suit.

Available Remedies

When restrictive covenants are violated, the most common remedy is an injunction.

An injunction is a court order requiring a person to stop violating the restrictions or to remove a non-compliant improvement.

Examples may include:

• Removal of an unapproved structure
• Compliance with architectural requirements
• Cessation of prohibited commercial activity
• Enforcement of setback requirements

Depending on the governing documents and applicable law, attorneys' fees may also be recoverable.

Common Litigation Issues

Restrictive covenant disputes frequently involve questions such as:

• Was the restriction properly adopted?
• Was the restriction properly amended?
• Has the restriction expired?
• Has the HOA selectively enforced the rule?
• Does the owner have standing to sue?
• Is the restriction ambiguous?
• Was the required approval process followed?

These cases often require detailed review of title records, subdivision documents, recorded amendments, and historical enforcement practices.

Why Technical Compliance Matters

Restrictive covenant disputes are often won or lost based on technical details rather than broad fairness arguments.

A homeowner may believe an HOA acted improperly but still lose if the governing documents authorized the action. Conversely, an HOA may believe it validly amended restrictions only to discover that a required procedural step was overlooked.

Because these restrictions affect real property rights, Texas courts frequently require careful compliance with statutory and recorded-document requirements.

Conclusion

Restrictive covenants play a significant role in Texas real estate ownership. While they can preserve neighborhood character and property values, they can also create complex legal disputes involving amendment procedures, enforcement rights, and property use restrictions.

Whether you are a homeowner, investor, developer, or homeowners association, understanding the requirements of Texas Property Code Chapter 202 can help avoid expensive mistakes and protect your property rights.

If you are involved in a restrictive covenant dispute, consulting with an experienced Texas real estate attorney can help determine whether the restrictions are enforceable, whether they were properly adopted or amended, and what remedies may be available under Texas law.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.