HOAs Are Fighting Back on New Texas Fence Law and Homeowners Are Pissed
Why on Earth would you ever want to live in a Home Owner Association neighborhood is beyond me.
I'm telling you right now, the first thing I asked when buying my current house was do any of these properties have a Home Owner's Association? If my dream house was in an HOA neighborhood, it was crossed off the list. I will sleep in my truck before going into one of those places. I will be damned if someone will tell me what I can do to my house.
Looks like homeowners across the state were very excited with a senate bill that was recently passed in Texas. State lawmakers passed Senate Bill 1588 that allows homeowners anywhere in Texas to put up a perimeter fence around their property for added security. The law specifically states that homeowners associations can not restrict it.
The only thing the HOA can do is ensure that everyone in the neighborhood has the same type of fence. For instance, one guy can't put up a chain-link fence, while someone else could put up a wood fence. The HOA would have to come up with an agreement for a fence, but you cannot prevent someone from putting up a fence.
Well HOA's across the state are fighting back against the new law that went into effect on September 1st. “This is a slippery slope it’s going down,” said Charles Goforth, Meyerland Community Improvement Association, “What’s next? Are we going to allow purple houses?"
Who gives a s*** Charles?! It's not your house! Why anyone would ever want to deal with an HOA?! If you live in one of these neighborhoods in Texas and want to put up a fence. Property lawyers recommend you keep pressuring your HOA to come to a ruling on a fence type. Don't install one without their permission. You can sue them with this new law if they don't allow you to once you go through the proper channels.
However, if you install one without their permission, they can claim well we're going with a different type. Hopefully you have a reasonable HOA that comes to a resolution for you. From my experience, most are not reasonable.
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