Can Texans Raise Chickens in an HOA-Governed Neighborhood?

Depending on where you live, hearing a rooster crowing in your neighborhood might be commonplace, but what if you live in an area with a homeowners association (HOA)? HOAs have their own sets of rules and regulations, so can Texans with an HOA keep chickens in their backyards?

HOA Lowdown

Per Texas law, an HOA is a property owners association, and membership is often mandatory when buying property in these communities. Texas has 2 types of HOAs: for condo owners and homeowners in subdivisions. According to the Foundation for Community Association Research, 75% of new homes are part of an HOA, and in Texas, 1 in 3 owner-occupied homes are governed by an HOA.

Cluck, Yes or No?

Texans must abide by city ordinances and, if applicable, HOA codes. While there's no state law prohibiting HOAs from allowing chickens, it's up to the HOA to set these rules. Texas Law Library and Texas State Law Library have resources on animal laws and regulations. To change an HOA rule, The State Bar of Texas says 67% of the community must vote to amend it.

Right to Farm

The Texas Right to Farm Act protects agricultural operations from lawsuits over dust, odor, flies, and noise. The Right to Farm constitutional amendment, or Proposition 1, gives the right to manage wildlife programs on owned/leased land. This could support Texans wanting to amend HOA rules and allow chickens, citing the Right to Farm amendment as a justification.

URLs:

• Texas Law on HOAs: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm
• Foundation for Community Association Research: https://foundation.caionline.org/
• Community Association Institute: https://foundation.caionline.org/wp-content/uploads/2022/12/TX2021.pdf
• Texas Law Library on Backyard Animals: https://guides.sll.texas.gov/animal-law/backyard-animals
• KUT on HOAs and Chickens: https://www.kut.org/austin/2024-06-13/can-austin-residents-raise-chickens-if-their-homeowners-association-doesnt-allow-it
• Texas State Law Library on CCRs: https://guides.sll.texas.gov/property-owners-associations/ccrs
• State Bar of Texas on Amending Deed Restrictions: https://www.texasbar.com/AM/Template.cfm?Section=articles&Template=/CM/HTMLDisplay.cfm&ContentID=42888
• AgriLife on Right to Farm: https://agrilife.org/texasaglaw/2023/09/25/texas-right-to-farm-statute-overview/
• Texas Department of Agriculture on Prop 1: https://texasagriculture.gov/News-Events/Article/7626/Ag-Commissioner-Sid-Miller-Step-One-of-the-Right-to-Farm-Act-is-Complete