Texas § PR.202.007 - CERTAIN RESTRICTIVE COVENANTS PROHIBITED

§ PR.202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED

CERTAIN RESTRICTIVE COVENANTS PROHIBITED. (a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf. (b) A provision that violates Subsection (a) is void. (c) A property owners' association may restrict the type of turf used by a property owner in the planting of new turf to encourage or require water-conserving turf. (d) This section does not: (1) restrict a property owners' association from regulating the requirements, including size, type, shielding, and materials, for or the location of a composting device if the restriction does not prohibit the economic installation of the device on the property owner's property where there is reasonably sufficient area to install the device; (2) require a property owners' association to permit a device described by Subdivision (1) to be installed in or on property: (A) owned by the property owners' association; (B) owned in common by the members of the property owners' association; or (C) in an area other than the fenced yard or patio of a property owner; (3) prohibit a property owners' association from regulating the installation of efficient irrigation systems, including establishing visibility limitations for aesthetic purposes; (4) prohibit a property owners' association from regulating the installation or use of gravel, rocks, or cacti; (5) restrict a property owners' association from regulating yard and landscape maintenance if the restrictions or requirements do not restrict or prohibit turf or landscaping design that promotes water conservation; (6) require a property owners' association to permit a rain barrel or rainwater harvesting system to be installed in or on property if: (A) the property is: (i) owned by the property owners' association; (ii) owned in common by the members of the property owners' association; or (iii) located between the front of the property owner's home and an adjoining or adjacent street; or (B) the barrel or system: (i) is of a color other than a color consistent with the color scheme of the property owner's home; or (ii) displays any language or other content that is not typically displayed by such a barrel or system as it is manufactured; (7) restrict a property owners' association from regulating the size, type, and shielding of, and the materials used in the construction of, a rain barrel, rainwater harvesting device, or other appurtenance that is located on the side of a house or at any other location that is visible from a street, another lot, or a common area if: (A) the restriction does not prohibit the economic installation of the device or appurtenance on the property owner's property; and (B) there is a reasonably sufficient area on the property owner's property in which to install the device or appurtenance; or (8) prohibit a property owners' association from requiring an owner to submit a detailed description or a plan for the installation of drought-resistant landscaping or water-conserving natural turf for review and approval by the property owners' association to ensure, to the extent practicable, maximum aesthetic compatibility with other landscaping in the subdivision. (d-1) A property owners' association may not unreasonably deny or withhold approval of a proposed installation of drought-resistant landscaping or water-conserving natural turf under Subsection (d)(8) or unreasonably determine that the proposed installation is aesthetically incompatible with other landscaping in the subdivision. (e) This section does not apply to a property owners' association that: (1) is located in a municipality with a population of more than 175,000 that is located in a county in which another municipality with a population of more than one million is predominantly located; and (2) manages or regulates a development in which at least 4,000 acres of the property is subject to a covenant, condition, or restriction designating the property for commercial use, multifamily dwellings, or open space. Added by Acts 2003, 78th Leg., ch. 1024, Sec. 1, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1311 (H.B. 3391 ), Sec. 6, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 736 (S.B. 198 ), Sec. 1, eff. September 1, 2013.