Practice Area

Developer-Drafted HOA Restrictions — Challenging Unreasonable Provisions

Texas Courts · Ch. 202 TPCA

Situation — How This Comes Up

Our HOA Declaration was drafted entirely by the developer and contains provisions that benefit only them and harm homeowners.

What You Need to Know First

Developer-drafted restrictions that serve no legitimate purpose, conflict with Texas law, or were adopted through a fraudulent disclosure process can be challenged. Developer control does not mean unlimited authority.

Full Analysis

Developer-drafted HOA declarations are subject to challenge on grounds of illegality, violation of Texas property law, and — in extreme cases — fraudulent inducement. Courts examine whether the restriction serves a legitimate purpose consistent with the overall scheme.

← Back to Resource Library

Facing This Issue Right Now?

Your situation deserves direct analysis.

Fifteen minutes is all it takes to understand your options and the next right move. No obligation. No intake coordinator. A direct conversation.

832-456-4371 · [email protected]

The information on this page is for general informational purposes only. Nothing here constitutes legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney–client relationship. © 2026 Silachi Law Firm, PLLC · Texas Bar No. 24118480