Fences are useful installations that many Texas homeowners choose for safety and privacy purposes as well as to increase their home’s curb appeal.
Until now, homeowners living within HOA areas could be restricted from hiring a fencing contractor to install fences on their properties or on certain parts of their properties by their homeowner's associations.
A new Texas law now prohibits HOAs from restricting homeowners on fence installations.
What Did Texas Senate Bill 1588 Change?
Texas Senate Bill 1588 went into effect on September 1, 2022 and addresses homeowners' rights to put up perimeter fences around their properties and the HOAs that have frequently stopped or limited them from doing so.
The Bill states that HOAs are no longer allowed to prevent homeowners from installing security or specialty fences around the perimeter of their side and front yards, including fences that cross over their driveways.
Homeowners are also permitted to install swimming pool fences without the prior approval of their HOA.
What Were The Previous Restrictions?
Previously, many HOAs either prohibited community homeowners from hiring a fencing contractor to install fences on their properties or dictated that only backyards could be fenced with specialty fences.
Most also required homeowners to seek prior approval for installing any fence and for the type of fencing they wished to install, requiring homeowners to adhere to using certain materials and retaining the right to refuse property owners the right to install a fence based on their list of requirements.
Swimming Pools Are A Specialty Fence That Doesn't Need Prior Approval
While the law does state that HOAs still retain the right to limit the type of fence and materials that a homeowner can install on their property, they can no longer prohibit the installation of the fence itself.
Swimming pool fences of any kind that meet the state’s safety requirements may be installed without prior HOA authorization.
Additionally, existing fences may be replaced with new fences of the same type and material without the prior authorization of the HOA.
A Final Look at Specialty Fences and HOAs
While some of these rules pertaining to fence installation by a fencing contractor on private residential properties in HOA communities have remained the same as they were, the ability to install perimeter fencing along the side and front of a property, including crossing the driveway, is the more substantial change.
In any case, homeowners interested in putting up any fences, including specialty fences like security fences, should review their HOA’s rules on fencing materials, then choose accordingly.
When choosing to have a fencing contractor put up an approved material, local HOAs must approve a homeowner’s request to install a perimeter fence that can increase their home security.