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Getting HOA approval for fences, paint and exterior projects

How to get a fence, exterior paint color or other outdoor project through architectural review in master-planned communities in Katy, Cypress and Fulshear, and what Texas law says about it.

Backyard wood deck and fence after repairs

Many homes in Katy, Cypress and Fulshear sit in master-planned communities like Cinco Ranch, Bridgeland and Cross Creek Ranch. Those communities keep their streets looking consistent through an architectural review committee, often called the ARC. If you're replacing a fence, repainting the outside of the house or adding a patio cover, the ARC usually has to approve it first.

Skipping that step can mean a violation letter, fines, or being asked to redo finished work. A little preparation gets most projects approved the first time.

Find your community's rules first

Every association has its own deed restrictions and design guidelines, and they differ from one community to the next, sometimes from one section to the next. Start with:

  • The deed restrictions for your section of the community
  • The design or architectural guidelines, which spell out approved fence styles, heights, stain colors, paint palettes and materials
  • The application form and how it's submitted, often through an online portal

Your management company or community website is the quickest source. Texas law also requires a property owners' association to file its dedicatory instruments in the county's real property records, so you can find them there too.

What a complete application includes

Most delays come from incomplete applications. Before you submit, have:

  • A site plan or survey with the project marked on it, including fence lines and setbacks
  • The materials, such as cedar or pine pickets, post type, and the height of the fence
  • Color names and numbers for paint or stain, with manufacturer swatches if the guidelines ask for them
  • Photos of the current condition and, when it helps, a photo of a similar finished project
  • Your contractor's written scope of work

Write down when you submitted and keep a copy. Guidelines usually state how long the committee has to respond.

Fences

Fences are the most common exterior project we see in the suburbs, especially after a storm. Design guidelines often set the height, the picket style, which side faces out toward the street, and the stain color.

Texas Property Code section 202.023 says an association can't adopt or enforce a rule that prevents you from installing a perimeter fence as a security measure. It can still regulate the type of fencing you install. So expect the committee to have a say in the style, height and finish, even though it can't stop you from fencing your yard.

If you're repairing a short run with matching materials, check whether your guidelines treat that as maintenance that doesn't need an application. Many do, but confirm before you start.

Exterior paint

Repainting in the same color is usually treated as maintenance. Changing colors almost always needs approval. Many communities publish an approved palette or require that a home's colors differ from the houses next door.

Submit the body, trim and door colors together, using the paint manufacturer's color names and numbers. Ask for large swatches or sample boards if the committee wants to see colors in daylight. Once it's approved, keep the approval letter with your paint records. If you ever touch up or repaint, you'll know exactly which colors were approved.

Roofs and other upgrades

Texas law limits what an association can block on some upgrades. Under Texas Property Code section 202.011, an association can't prohibit shingles designed to be wind and hail resistant, more energy efficient than standard composite shingles, or solar-generating. Those shingles still have to resemble the shingles already used in the subdivision, be equal or better in quality, and match the look of the surrounding homes.

You may still have to submit an application, so the committee can confirm those conditions are met.

If your application is denied

For associations with more than 40 lots, Texas Property Code section 209.00505 lets you appeal an architectural review denial to the association's board. The rule doesn't apply while the developer still controls the review committee. The written denial has to explain the reason in reasonable detail and list any changes that would get the project approved. You can request a hearing on or before the 30th day after the notice was mailed.

Often the fastest path is simply to make the requested changes and resubmit.

This is a summary, not legal advice. Read your community's documents and the current text of Texas Property Code chapter 202 and chapter 209, or ask a Texas attorney about your situation.

Start the work only after approval

Wait for the approval in writing before any materials are delivered or any work begins. Give your contractor a copy so the crew builds exactly what was approved: the same height, style, materials and colors.

If you're planning exterior painting or a fence replacement, we can put together the written scope and material and color list for your application, and schedule the work once the approval comes back.

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