03/10/2024
New fence laws in the State of Texas and what you need to know:
If you’ve needed a security fence around your Texas property, but live in a community or neighborhood with HOA rules, we have good news! Homeowners associations (HOAs) can no longer deny building a fence for security.
According to a state law passed on Texas HOA fence rules in 2021, homeowners anywhere in the state are allowed to put up a perimeter fence for added security along the front, sides and/or back of their property. This is great news for Dallas-Fort Worth, Austin and Houston homeowners, who in the past have had to deal with a plethora of hurdles for building privacy fences within their HOA communities.
The only restriction HOAs can enact under the new Texas HOA fence law is to enforce the type of materials that may be used, and require prior approval of this material before the fence is built. (You do not need approval to replace established fences with existing materials.)
Building a Perimeter Fence in an HOA Community
Even with more lenient rules, you should still consult with a fence contractor like Buzz Custom Fence before attempting fencing and gate projects. We are well-versed in figuring out all the factors that go into making the perfect fence for your property, including how to place and anchor posts, choosing the right materials and knowing city code.
Our contractors also build perimeter fences for real estate developers, gated neighborhoods and HOA communities, so you can trust that we are equipped to make your fence reflect the style of the development while increasing your home value, as well.
There have been cases of HOA fence lawsuits cropping up since the new fence law was enacted, and Buzz can help you avoid breaking HOA rules on fencing from the beginning to avoid any unpleasant legal outcomes. (If you choose to battle your HOA in court and lose a lawsuit, for instance, you may be forced to pay the HOA’s legal fees and remove or replace a fence.)
It’s best to work with your HOA for approval in advance. Don’t just build a fence and hope for the best, especially if you suspect a problem with board approval. Also, the new law doesn’t cover gates, it is still possible for an HOA organization to ban driveway gates or even walkway gates. Or they may have more restrictions on materials and gate design than for fencing.
Sample Letter to HOA Requesting Fence
To gain approval from your HOA for your fence materials, you can start with the sample letter below (adjusted from 52 Editions).
Swap in details in the brackets based on the information you have gathered by reviewing your HOA’s architectural guidelines, which should indicate the type of fence (wood, aluminum, etc.) you are allowed to install.
To:
The Board of Directors,
[Name of HOA]
[Address]
Re: Fence materials approval
I am writing this letter to inform you that we are installing a security fence and seeking approval to use [materials] to build this fence. The fence will be installed in (front yard, side yard and/or backyard).
Please reply with updated rules and regulations on perimeter fencing and gates and let us know if approved.
Sincerely,
[Name of Homeowner]
[Address]
[Date]
