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Homeowner struggles to work around HOA's draconian property rules: 'We are currently having trouble'

This homeowner is not the first to fight this battle with an HOA.

This homeowner is not the first to fight this battle with an HOA.

Photo Credit: iStock

One homeowner didn't hesitate to lay down the law with an obstructive HOA — but still came to Reddit when that didn't work.

"My family and I have been trying to start a garden at our home down here in Texas," they explained in a post on an anti-HOA subreddit. Unfortunately, the HOA denied the plans when the homeowner submitted them for approval.

This homeowner is not the first to fight this battle with an HOA. Some institute restrictive rules and heavy penalties. Others try to block certain types of gardens outright and turn any opposition into a legal battle.

In this homeowner's case, they were hoping to create a money-saving, drought-tolerant, and eco-friendly yard from native plants

"The plants listed in the plans to the HOA were almost all native trees and flowers with consideration on where and why they will be planted," said the original poster. "While we have always wanted to bring in some native wildlife and shade onto the property, we are currently having trouble with our HOA sharing our vision."

The original poster didn't mean to go down without a fight, though. "Looking into this issue, I've read about things like Property Code Title 11. Restrictive Covenants Chapter 202. Construction and Enforcement of Restrictive Covenants, and Property Code Title 11. Restrictive Covenants Chapter 209. Texas Residential Property Owners Protection Act," said the homeowner.

Unfortunately, those references weren't enough. "These have been mentioned to the HOA, but with the plans still being denied, with mentions of lines of easement and 'putting in trees makes the grass not grow,'" said the homeowner.

Another homeowner shared a similar experience to encourage the original poster. When their plants were damaged but not killed by a deep freeze, their HOA insisted they replace them. 

"I refused and stated, 'Any attempt by the HOA to remove and replace these will be considered trespassing and property damage,'" said the commenter. "The HOA never wrote back."

🗣️ Should HOAs be able to force homeowners to change their yards?

🔘 Absolutely not 💯

🔘 Yes — it's part of the deal 🤝

🔘 Only in extreme circumstances 🏚️

🔘 We should ban HOAs 🚫

🗳️ Click your choice to see results and speak your mind

"Thank you for posting this," said the original poster in a reply. "I'm thinking now about writing back to the HOA."

It's often possible to work within an existing HOA to get an exception or even change the rules — so this homeowner is right not to give up.

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