Feb 28, 2023

What Authority does an HOA Have over My Roof?

What is an HOA Architectural Review Authority?

If you’re a homeowner in Texas, you may be interested to know that there’s a section of the Texas Property Code that protects your right to install certain types of roofing materials on your property. This section, 202.011, regulates the ability of property owners’ associations to prohibit or restrict the use of certain types of shingles on your roof.

Under this section, a property owners’ association cannot include or enforce a provision in a dedicatory instrument (a document that sets out the rules and regulations for a community or subdivision) that prohibits or restricts a property owner from installing shingles that meet certain criteria. Specifically, the shingles must be designed primarily to be wind and hail resistant, provide heating and cooling efficiencies greater than customary composite shingles, or provide solar generation capabilities.

Additionally, when these shingles are installed, they must resemble the shingles used or otherwise authorized for use in the subdivision, be more durable than and of equal or superior quality to the shingles described by the association, and match the aesthetics of the surrounding properties.

The purpose of this section is to give homeowners more control over the materials they use to improve their property, while still ensuring that any changes made are in keeping with the overall look and feel of the community. This can be especially important for homeowners interested in using eco-friendly or energy-efficient materials on their roofs, which can help reduce their carbon footprint and lower their energy bills over time.

If you’re considering making changes to your roof and are concerned about potential restrictions from your property owners’ association, it’s important to know your rights under the Texas Property Code. By familiarizing yourself with the regulations outlined in section 202.011, you can make an informed decision about the materials you use and ensure that you’re able to make the most of your property.

Let the Legal Experts of Manning & Meyers Assist You With Your HOA Needs

When you need an HOA lawyer, let the professionals at Manning & Meyer help you with your HOA legal matters. Contact our office today for a consultation.