Educational Notice: This article is for educational purposes only and is not legal advice. If you believe your legal rights may have been violated, you should consult a licensed attorney regarding your specific situation.
Many homeowners have asked how neighborhood rules such as “Community Wide Standards” (CWS) become legally enforceable in a Texas HOA.
Texas law addresses this directly.
The relevant statute is Texas Property Code §202.006, which states:
https://statutes.capitol.texas.gov/?tab=1&code=PR&chapter=PR.202&artSec=202.006
Sec. 202.006. PUBLIC RECORDS.
(a) A property owners’ association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.
(b) A dedicatory instrument has no effect until the instrument is filed in accordance with this section.
(c) A property owners’ association may not collect a regular assessment, as defined by Section 209.002, if the dedicatory instrument authorizing the collection of the regular assessment is not filed as required by Subsection (a).
What This Law Means in Plain English
Subsection (a) requires HOAs to file their governing documents in the county real property records. These documents are called “dedicatory instruments” and can include restrictive covenants, rules, standards, and other governing documents that apply to the community.
Subsection (b) is the key rule. It states that a dedicatory instrument has no effect until it is filed in the county property records. In simple terms, if the document is not recorded with the county, it does not legally take effect.
Subsection (c) reinforces how important recording is by stating that an HOA cannot even collect assessments if the governing document authorizing those assessments was never filed.
The Situation in Lakewood Hills
In Lakewood Hills, there has been discussion about enforcing a document referred to as Community Wide Standards (CWS).
A search of the county real property records has confirmed that the Community Wide Standards document was never recorded in the subdivision property records.
Because the document was never recorded, it does not appear in the official public record associated with the subdivision.
Under Texas law, restrictions that are not recorded in the property records do not provide public notice and cannot be enforced as restrictive covenants against homeowners.
Why This Matters for Future Restrictions
If restrictions were never recorded and never disclosed through the public property records, any attempt to formally adopt or record those standards now would effectively create new restrictions affecting homeowners.
Under the Lakewood Hills governing documents, amendments to the restrictive covenants require approval from 67% of homeowners.
That means any attempt to formally adopt or record new neighborhood-wide restrictions would generally require the required homeowner vote under the subdivision’s governing documents before they could become enforceable.
The recording requirement exists to protect homeowners and buyers by ensuring that everyone can rely on the same publicly recorded set of rules that apply to the property.
Why This Matters
The recording requirement exists to protect homeowners and buyers. Property owners should be able to rely on the public property record to know exactly what restrictions legally apply to their property.
If a community wants to adopt new neighborhood-wide standards, the proper process is to follow the procedures in the governing documents and Texas law and then record those restrictions in the county property records so they become part of the official public record.
Again, this article is intended for educational purposes only and is not legal advice. If you believe your legal rights may have been affected, you should consult a qualified attorney.