From the 2013 Texas Legislative Session — Posted June 19, 2013

“On Friday, Texas Governor Perry signed into law protection for owners of second lots, and codified the definition of “Residential Purpose” in the Texas Property Code.  By signing into law HB 35 (Menendez), HOA’s may not adopt or enforce a provision in a dedicatory instrument that prohibits or restricts the owner of a lot on which a residence is located from using for residential purposes an adjacent lot owned by the property owner.  The law now states that “Residential Purpose” is not limited to a residence, but also includes other improvements customarily appurtenant to a residence.  This includes garages, sidewalks, driveways, parking areas, children’s swings or playscapes, fences, septic systems, swimming pools, utility lines, and water wells, and if specifically permitted by the dedicatory instrument, the parking or storage of RV’s.

“This law is the end result of a dispute out of Bulverde, Texas in which a neighbor and HOA filed suit against the Jack’s, which owned the lot adjacent to their home.  The Jack’s had applied to the HOA, along with 5 other home owners, for approval to drill a water well.  The Jack’s application was the only application to be denied because the location of the well was to be on their second, adjacent lot.  The suit was later expanded to included the Jack’s proposed fence, swimming pool and second garage.

“While the HOA and neighbor later settled with the Jack’s out of court, the Jack’s were only able to recover a portion of the $100,000+ it took to defend their property rights.  HB 35 clarifies the protection’s already afforded property owners to use and enjoy lots they own adjacent to their residence.”

Texas HB 35 is effective immediately.  For a full copy of the signed bill Texas House Bill HB 35