Architectural Review · Texas
Tex. Prop. Code 202.023
Security measures
Official text ↗
Checked against the official source on 1 November 2026
At a glance
- Limits on the association
-
Association cannot ban security cameras, motion detectors, or perimeter fences
“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.”
- Limits on the association
-
Association may regulate the type of fencing installed
“regulating the type of fencing that a property owner may install;”
- Limits on the association
-
Driveway gate must be set back at least 10 feet from right-of-way
“requiring a driveway gate to be set back at least 10 feet from the right-of-way if the driveway intersects with a laned roadway, as defined by Section 541.302, Transportation Code;”
- Existing fencing allowed
-
Fencing installed before September 1, 2025 may remain
“a property owner may maintain any perimeter fencing or fencing in front of a dwelling's front-most building line installed or constructed before September 1, 2025.”
- Safety exception
-
Owner can install fencing with law enforcement documentation of need
“the property owner provides to the association documentation from a law enforcement agency of the property owner's need for enhanced security measures.”
Each fact is shown with the exact words of the statute it comes from. Your association's governing documents may also apply.
Official text
Copy retrieved from statutes.capitol.texas.gov. Always rely on the official source for the current version.
Show the full text of Tex. Prop. Code 202.023
Sec. 202.023. SECURITY MEASURES. (a) This section does not apply to:
(1) a condominium as defined by Section 81.002 or 82.003; or
(2) a master mixed-use property owners' association subject to Chapter 215.
(b) Except as provided by Subsection (c), 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.
(c) This section does not prohibit a property owners' association from:
(1) prohibiting the installation of a security camera by a property owner in a place other than the property owner's private property;
(2) regulating the type of fencing that a property owner may install;
(3) prohibiting the placement of fencing that obstructs:
(A) a license area, as defined by a written license agreement or plat;
(B) a sidewalk in the public right-of-way or otherwise installed for public or community use; or
(C) a drainage easement or drainage area;
(4) requiring a driveway gate to be set back at least 10 feet from the right-of-way if the driveway intersects with a laned roadway, as defined by Section 541.302, Transportation Code; or
(5) if provided by a restrictive covenant, prohibiting the installation of fencing in front of the front-most building line of a dwelling.
(d) Notwithstanding Subsection (c), a property owner may maintain any perimeter fencing or fencing in front of a dwelling's front-most building line installed or constructed before September 1, 2025.
(e) Notwithstanding Subsection (c)(5), a property owners' association may not prohibit a property owner from installing perimeter fencing or fencing in front of the front-most building line of a dwelling if:
(1) the property owner's residential address is exempt from public disclosure under state or federal law; or
(2) the property owner provides to the association documentation from a law enforcement agency of the property owner's need for enhanced security measures.
Added by Acts 2021, 87th Leg., R.S., Ch. 716 (H.B. 3571), Sec. 1, eff. June 15, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 4, eff. September 1, 2021.
Amended by:
Acts 2025, 89th Leg., R.S., Ch. 10 (S.B. 711), Sec. 5, eff. September 1, 2025.
The same topic in other jurisdictions
Arizona · A.R.S. 33-1817 British Columbia · Strata Property Act, s. 90.1 Florida · Fla. Stat. 720.3035 Illinois · 765 Ill. Comp. Stat. 160/1-15 Ontario · Condominium Act, 1998, s. 98 Pennsylvania · 68 Pa.C.S. 5213 Texas · Tex. Prop. Code 209.00505 Washington · Wash. Rev. Code 64.90.580 Compare architectural review laws side by side →This page is general legal information, not legal advice, and Harrington Community is not a law firm. For advice about your situation, contact a licensed attorney or your state bar's lawyer referral service.