Houston is one of the most HOA-dense housing markets in the country, with roughly 51 percent of all homes in the Houston area falling under an HOA, compared to 30 percent nationwide.
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If you crack open the can of HOAs, it might just never shut. Whether it’s surprise fees, strict neighborhood rules or disputes over what belongs in your front yard, homeowners associations have a way of stirring up strong opinions.
Houston is one of the most HOA-dense housing markets in the country, with roughly 51 percent of all homes in the Houston area falling under an HOA, compared to 30 percent nationwide, according to Community Impact. In Houston, HOAs have long been used to mitigate the lack of zoning restrictions.
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But these associations aren’t just a Houston phenomenon. Across Texas, buying into a new development often means buying into an HOA.
“Generally speaking, across Texas, when you see areas that are popular for development, you’re gonna see HOAs nowadays,” Julia Parenteau, public policy director for Texas REALTORS told Chron. “It’s just how it’s done.”
That prevalence also means HOAs are one of the first things many homebuyers ask about, according to Tom Coselli, Houston real estate agent and broker with Compass.
“It’s one of the top questions that I deal with when I’m working with a buyer that’s new to the area,” Coselli said. “The reputation sort of precedes these buyers a little bit.”
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A home available for sale is shown on October 16, 2023 in Austin, Texas. Julia Parenteau, policy director with Texas REALTORS, said she has heard of HOAs that won’t allow residents to post a “For Sale” sign in their front yard.
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The weird world of HOA rules
Outrageous HOA rules tend to be the exception. It’s often the way they’re enforced that leads to the most unbelievable homeowner horror stories.
“I don’t think it will be as common for you to look at a set of HOA rules and see some really weird or super strict thing written down,” Parenteau said. “I think what happens more than anything is the way that rules are enforced.”
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She’s heard homeowners receive violation notices for:
Parking a car in their own driveway
Leaving a broom on the front porch after cleaning
Displaying certain doormats
Painting their home an unapproved color
Putting up a “For Sale” sign
She said many HOA rules are written broadly, giving boards significant discretion in how they’re interpreted and enforced.
“Really what we see is a rule that’s a lot more vague that says, you know, you have to keep your yard free of clutter or whatever, but then the enforcement of that becomes really crazy,” Parenteau said.
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And homeowners say that’s exactly what they’ve experienced. Chron solicited responses from Houstonians on Nextdoor who shared stories of what they described as overly aggressive HOA enforcement.
“I remember when we (first) moved into the subdivision, we got a letter from the HOA about the grass growing in between the line of our driveway,” Judy H., a resident of Inwood Pines, wrote. “At (first) we thought it was a joke because who would be looking at the line in the driveway?”
Coselli said he’s heard equally unusual stories from clients over the years.
“We had somebody tell me that their kids had taken sidewalk chalk and drawn on the driveway and left it overnight,” Coselli said. “They got a letter asking them to remove the graffiti.”
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A house with the US and Texas state flag is seen in Port Arthur, Texas on September 1, 2017. Parenteau said state law protects a resident’s right to fly an American and Texas flag at their property.
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What HOAs can’t enforce
While HOAs can regulate many aspects of a neighborhood, Texas law places limits on their authority. One of the biggest flashpoints is what homeowners can display outside their homes.
“Signs and flags and other decor is honestly one of the things that makes homeowners the most mad and where we see a lot of really selective and aggressive enforcement,” Parenteau said.
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But HOAs can’t regulate everything.
“Texas law does not actually allow an HOA to prohibit a homeowner from putting up an American flag, a Texas flag, or flags from branches of the military,” Parenteau said. “But, other commentary might kind of be a gray area.”
Political signs also receive legal protections, though HOAs can still regulate when they’re displayed, as well as their size and number.
The Legislature has expanded those protections in recent years. A 2021 law prevents HOAs from banning religious displays, which Parenteau said can even include Christmas lights. State law also prohibits an outright ban on backup generators, drought-resistant landscaping, solar panels, security cameras, backyard or perimeter fencing, wind and hail-resistant shingles and even brown grass during a declared drought.
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In 2019, Texas lawmakers also barred HOAs from prohibiting children’s lemonade stands under certain conditions.
“You’ve got to do it in your front yard, … and the operator of the stand has to be under 18 and (there’s) some specificity about what you can be selling in there,” Parenteau said. “But yeah, the legislature had to go in and say, you’ve got to let kids have lemonade stands.”
Parenteau and Coselli said homebuyers should reach HOA bylaws before buying a home. They also suggested getting to know the culture of the neighborhood.
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What to know before buying into an HOA
When it comes to buying a home in an HOA, the biggest piece of advice is simple: Know what you’re signing up for.
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“We always recommend that potential buyers read as much of the documentation as they can,” Parenteau said. “Some HOAs even charge…a percentage transfer fee…when you buy the house, you will pay 1 percent of the sale price to the HOA.”
Hidden fees at the closing table can come as an unwelcome surprise, making it important to understand any HOA costs before purchase.
Coselli said buyers should also look beyond today’s monthly dues.
“Check your HOA and see…what (the fee) was six months ago, one year ago, five years ago,” he said. “That can be the difference maker in whether a buyer can even afford the home.”
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He also recommends researching the HOA itself—not just its bylaws. He suggested buyers search online for recent reviews and complaints from current and former residents before purchasing a home.
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“The bylaws don’t tell the whole story,” Coselli said. “It’s a lot about the culture in the neighborhood.”
Despite the horror stories, Coselli said most HOAs aren’t the neighborhood dictators they’re sometimes made out to be.
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“I think they get a bad rap,” he said. “They do serve a purpose…I think it’s really when they overstep that you get issues.”