Understanding the HOA Rules in Montgomery County, TX Communities
- Becca Ellis
- Apr 22, 2025
- 3 min read
Living in a homeowners association (HOA) community in Montgomery County, Texas, comes with unique benefits and responsibilities. Whether you’re a current resident or considering buying a home in one of these neighborhoods, understanding the rules and how they’re enforced is crucial for a smooth and enjoyable experience.
What is an HOA?
A homeowners association (HOA), also known in Texas as a property owners’ association, is an organization formed by property owners to manage and enforce rules for properties and residents within a community. Membership is typically mandatory, and homeowners are required to pay dues or assessments to fund community maintenance and amenities1.
Key Components of HOA Rules in Montgomery County
1. Governing Documents and Transparency
HOAs in Texas are governed by documents such as covenants, conditions, and restrictions (CC&Rs), bylaws, and rules, which must be recorded and made public. This ensures transparency and allows homeowners to understand their rights and obligations before purchasing a home2.
Texas law requires that management certificates, which provide essential information about the HOA, be filed with the county and made accessible to the public through the Texas Real Estate Commission (TREC) database1.
2. Restrictive Covenants and Use Restrictions
Restrictive covenants are the backbone of HOA governance, dictating how properties can be used and modified. For example, in many Montgomery County communities:
Only single-family homes are permitted, with minimum square footage requirements (e.g., 2,000 sq. ft. exclusive of porches and garages).
Temporary structures, trailers, or outbuildings cannot be used as residences.
There are specific rules about animal keeping, fencing, and even the use of lakes or common areas4.
Outbuildings, guest houses, and docks typically require approval from the Architectural Control Committee before construction4.
3. Architectural Control
Most HOAs have an Architectural Control Committee (ACC) that reviews and approves any external changes to homes, including paint color, additions, fencing, or landscaping. Plans must be submitted and approved in writing, and failure to do so can result in removal of unauthorized structures at the homeowner’s expense4.
The ACC also enforces local, county, and state building codes as they apply to the community4.
4. Common Areas and Amenities
HOAs manage and maintain common areas such as greenbelts, trails, lakes, and parks. Rules often govern the use of these spaces—such as prohibiting gasoline-powered boats on lakes and requiring proper maintenance of shoreline areas by homeowners with lakefront lots4.
Assessments collected from homeowners fund the upkeep of these amenities, as well as services like security patrols and garbage collection4.
5. Enforcement and Fines
Texas law requires HOAs to have clear enforcement policies, including a schedule of fines for violations and information about hearings for homeowners to contest alleged violations3.
Enforcement typically follows a process: written notice of violation, opportunity to correct the issue, and then fines or legal action if the problem persists23.
Ongoing violations can be prosecuted continuously, and the HOA may correct the issue at the homeowner’s expense, placing a lien on the property if necessary4.
6. Homeowner Rights and Dispute Resolution
Homeowners have the right to receive full disclosure about HOA rules and financial health before purchasing a property2.
Texas law provides for alternative dispute resolution (ADR) methods, such as mediation, to resolve conflicts between homeowners and HOAs without resorting to litigation2.
Homeowners and tenants must both comply with HOA rules, and tenants should be informed about any restrictions that affect their use of the property or amenities2.
Common HOA Rules in Montgomery County Communities
Rule Category | Typical Restrictions/Requirements |
Property Use | Single-family homes only, no temporary residences or trailers |
Construction | Minimum square footage, ACC approval for changes, adherence to codes |
Animals | Limits on livestock and poultry, no swine except for personal use |
Common Areas | Rules for lake use, dock construction, and shoreline maintenance |
Exterior Modifications | Approval required for fences, sheds, paint, and landscaping |
Trash & Maintenance | No dumping, proper storage of garbage, upkeep of property |
Fines & Enforcement | Written notice, opportunity to cure, scheduled fines, right to a hearing |
Final Thoughts
Understanding and following HOA rules is essential for maintaining property values, community harmony, and access to shared amenities in Montgomery County, TX. Before purchasing a home, review the HOA’s governing documents, ask questions about enforcement policies, and know your rights as a homeowner. If disputes arise, take advantage of the resolution processes outlined in Texas law and your HOA’s bylaws for a fair outcome1234.
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