Comfort, TX asked in Real Estate Law and Land Use & Zoning for Texas

Q: Does "perimeter fence" include ANY fence?

An HOA's restrictions include a prohibition on any fences being "forward of the front wall of the house." It does not contain any further language pertaining to fences or front yards, besides a brief requirement on what materials fences can be made from.

Last fall, a new state law took effect stating that "...a property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence."

Question: Does the new law's use of "perimeter fence" nullify the prohibition, thus freeing property owners to build fences around their entire lots if they so desire?

1 Lawyer Answer
John Cucci Jr.
John Cucci Jr.
Answered
  • Real Estate Law Lawyer
  • Houston, TX

A: The rules against a fence forward from the front of the house is usually made to protect people from crashing as they exit their driveway. I think the best way to handle your issue and question, is to use a "see through" fence in the front of the house. If there is a direct conflict with the State law and the HOA rule, it would be wise to discuss your needs with the HOA before you put up your fence.

Otherwise you may have to bring the matter to court. An alternative way to get good advice would be to send your question to the Attorney General of TX for a response.

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