Texas CC&Rs: A 2026 guide

What are CC&Rs in Texas?

Texas CC&Rs (Covenants, Conditions, and Restrictions) are the recorded legal document that creates the community’s main property restrictions and owner obligations. They are tied to the land, which means they generally apply to current and future owners.

In the hierarchy of HOA and COA governing documents, CC&Rs rank just below Texas laws. If there’s any confusion about your community’s rules and regulations or bylaws, or if any governing documents contradict each other, your Texas CC&Rs typically have the final say.
 

Examples of CC&Rs

CC&Rs for Texas community associations may include details about:

• Architectural standards: Requirements for exterior paint, roofing, fencing, additions, sheds, patios, driveways, landscaping, and other visible changes.
   
• Vehicle and parking restrictions: Rules for garages, driveways, guest parking, commercial vehicles, trailers, boats, RVs, and inoperable vehicles.
   
• Maintenance obligations: Requirements for owners to maintain fencing, lawns, homes, exterior surfaces, and other property components.
   
• Use restrictions: Limits on nuisances, noise, business use, short-term rentals, signs, animals, or other activities that affect the community.
   
• Assessment obligations: The association’s authority to levy and collect assessments for common expenses, maintenance, reserves, insurance, and other community needs.
   
• Common area responsibilities: Rules for association-maintained property, amenities, private streets, parks, gates, pools, trails, or other shared spaces.

Texas CC&Rs vs. state law

Remember: CC&Rs for Texas associations are not the same as state laws. Governing documents cannot overstep state laws, meaning there are some things the HOA or COA board cannot prohibit. For example, Chapter 202 of the Texas Property Code allows homeowners to:

• Display certain religious items
   
• Have standby electric generators
   
• Install solar energy devices
   
• Keep rain barrels
   
• Lawfully possess firearms
   
• Proudly display the Texas flag or American flag outside the home
   
• Set up lemonade stands

Of course, there are a few exceptions to this. For example, associations can prohibit the display of religious items on traffic control devices or fire hydrants.
 

Where to find your CC&Rs in Texas

Each owner should receive a copy of the CC&Rs upon joining the community. In addition, he/she should be able to download the latest version anytime from the association’s website (according to Texas Property Code 207.006). A seasoned property management company can streamline the “paperwork” part of this process and distribute CC&Rs so board members can focus on serving residents.
 

What are the benefits of Texas CC&Rs?  

From maintaining property values to fostering a sense of community, CC&Rs help keep Texas associations functioning smoothly and harmoniously. Before your board can effectively enforce such rules and regulations, it’s important to communicate the benefits of this governing “boss doc” to residents, including:

• Greater peace of mind knowing that you live in a community with consistent, unified standards
   
• Enjoyment of shared amenities like parks, pools, etc. — without having to bear the cost alone
   
• Well-maintained neighborhood — no worrying about wild paint colors or unsightly boat parking year-round
   
• Protected views by restrictions on what kind of buildings can go up near others
   
• Assurance of knowing where your association fees are going — toward community expenses, reserve funds, upgrades, and maintenance

Who makes CC&Rs?

Developers usually create CC&Rs, while association members later approve amendments through the process in the declaration and Texas law.
 

Why do CC&Rs matter for Texas associations?

In Texas, CC&Rs are like the rules of the road; they create guidelines for all community members to follow so that all residents can coexist in peace (or as close to it as possible). For homeowners to enjoy all the perks of their community, they must uphold their end of the contract that comes with living there. This means accountability is vital.

CC&Rs hold residents to the same standards, fostering a sense of fairness and community. An experienced property management company can tailor a specific system for your board to help enforce CC&Rs equally for every homeowner. This creates an environment where everyone feels valued and safe in a well-maintained community.
 

This all seems a bit stuffy. How do we break down CC&Rs to homeowners?

To effectively talk to residents about Texas CC&Rs, keep it simple. The easier it is to understand, the easier it is to comply.

• Clearly state the reason for CC&Rs, the “boss doc” of all governing documents
   
• Explain the benefits — how they help keep the community beautiful and safe
   
• Outline how they will be enforced — board members and all residents will be equally held accountable
   
• Detail violation policy — this is not meant to punish anyone — it’s to support compliance for the good of the whole community; most violations are easy to fix at little to no cost
   
• Enforce CC&Rs consistently — a property management company can help establish a system specifically for your association

Make it an ongoing conversation between the board and homeowners. Communicate through multiple channels like email, newsletters, social media, meetings (in-person or virtual), or direct mail. Establish regular, friendly reminders about Texas CC&Rs to keep them fresh on residents’ minds.

Make it easy to access information by setting up a FAQ page on your website or working with a management partner on mass communications about the importance of CC&Rs for Texas associations. Even better, provide customer care centers or online resident portals like FirstService Residential’s Connect™ that residents can count on 24/7.
 

How does the board enforce CC&Rs without looking like the “bad guy”?

Explain the process upfront. Transparency and setting expectations from the get-go can save you a lot of headaches down the road. Things run smoother when all community members know what's expected of them.

Be consistent. Residents talk to each other. Don't get caught in a game of telephone! Your messaging should be consistent with all residents on all communication channels.

Follow up and close the loop. Look for trends in ongoing violations. This may be a sign that certain CC&Rs need to be communicated better.

This is where a partnership with a good property management company can be a lifesaver for boards. When the property managers enforce the rules and confirm that everyone abides by them, it’s less likely to interfere with the relationships board members have built with homeowners.

When a property management partner takes care of the “business” side of enforcement, board members can focus on what’s most important — connecting with homeowners and serving their Texas communities.

If you’d like to learn more about how to simplify your community’s CC&Rs for easier enforcement, team members at FirstService Residential Texas are happy to sit down with you and take a closer look at your association’s governing documents. Contact us today.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.