Hello, I am wondering if I can get a question answered about my rights in an HOA located in Texas. Do they have the right to stop me from having a group home? The city zoning dept allows it, but the HOA CC&Rs state that it can only be used as single family.
Which one takes precidence?
This issue may have a lot of legal complexities. While homeowners need to follow the CC&Rs, the Texas Fair Housing Act and Americans With Disabilities Act may also come into play here, depending on the nature of the group home. HOAs are subject to these laws and they take precedence over the governing documents. However, the answer may depend on the wording and specific terms of the HOA’s governing documents, state law, and the conditions surrounding your specific situation. Ultimately, it may be best to consult a lawyer regarding these concerns.
Here is also a resource you may find helpful: https://www.
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