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Understanding the New Fence Law in Texas

New wooden perimeter fence installed—example of homeowner fence allowed by Texas SB 1588 law

Table of Contents

Introduction

Fencing laws in Texas have always been a point of discussion, especially in communities governed by Homeowners Associations (HOAs). With the passage of Senate Bill 1588, which took effect September 1, homeowners now have expanded rights to install fences and certain security devices — even if their HOA has restrictions.

At Comal Fence, we believe in helping homeowners not only choose the right fence, but also understand the laws that affect their installation. This article breaks down the new fence law, what it means for property owners in San Antonio, Comal County, and surrounding areas, and how to stay compliant.

Key Changes Under the New Fence Law

The new law, Senate Bill 1588, aims to give homeowners more freedom to secure their properties while still allowing HOAs to maintain neighborhood aesthetics. Here are the main takeaways:

  1. Perimeter Fencing Rights

    • Homeowners can now install fences on their property’s front, side, and back without HOA veto power on the fact that a fence exists.

    • HOAs can still set rules on fence materials, design, and color. For example, they might require cedar wood instead of pine, or mandate a neutral stain color.

  2. Security Devices Allowed Without Approval

    • You can install security cameras and motion sensors without prior HOA approval, as long as they are within your property boundaries.

    • HOAs cannot outright ban these devices, but they can regulate their placement if they extend beyond your lot.

  3. Written HOA Rules Required

    • HOAs must provide written guidelines for fence regulations. This ensures homeowners have clarity before investing in installation.

  4. HOA Regulation Limitations

    • While HOAs can regulate the appearance of fences, they cannot prohibit a homeowner from having one entirely.

 

AspectBefore New LawAfter New Law (Senate Bill 1588)
Fence Installation ApprovalHOA could completely deny a fence installation.Homeowners can install perimeter fences; HOA cannot deny the existence of a fence.
Control Over Fence AppearanceHOA could dictate height, color, material, and style.HOA can still regulate materials, color, and style, but not prohibit the fence entirely.
Security DevicesSecurity cameras or motion sensors often required HOA approval.Homeowners can install cameras and motion sensors without prior HOA approval (must be within property boundaries).
Written RulesHOA guidelines could be informal or unclear.HOA must provide written guidelines for fence rules.
Property Line & City CodesSame city permitting rules applied.Still required to follow local city permits and codes; HOA cannot override city law.

What This Means for Homeowners in San Antonio

In neighborhoods with active HOAs — especially in areas like Stone Oak, Alamo Ranch, and New Braunfels — this law changes the dynamic between homeowners and association boards.

  • More Control Over Your Property
    You can decide to install a wood fence, chain link fence, or vinyl fence without worrying about a complete denial from the HOA.

  • Security Upgrades Made Easier
    Installing motion lights or cameras is now straightforward, making homes safer without delays from approval requests.

  • Still Need to Follow Aesthetic Rules
    While you have more freedom, you still need to make sure your fence design matches HOA-approved colors and materials.

Practical Tips Before You Build

Even with the new law, proper planning is key. Here’s what we recommend:

  1. Check Your HOA’s Written Rules First

    • Even though HOAs can’t ban fences outright, they can dictate style. Avoid costly rework by reading their guidelines before starting.

  2. Work With a Local Contractor Who Knows the Rules

    • Choosing an experienced San Antonio fencing company like Comal Fence ensures your design meets both Texas law and HOA standards.

  3. Document Everything

    • Keep written records of any communications with your HOA and contractors.

  4. Choose the Right Materials

Benefits of the New Law

The passing of Senate Bill 1588 is a win for Texas homeowners for several reasons:

  • Increased Property Security – You no longer need HOA approval to add cameras, motion lights, or fences that deter trespassers.

  • Property Value Boost – A well-built fence can raise your home’s curb appeal and resale value.

  • Less Red Tape – Fewer restrictions mean you can start your project faster.

Common Misunderstandings About the Law

Even with the new regulations, there are some misconceptions:

  • “HOAs can’t control my fence anymore” – They still can set style rules, so your choice of material and color must align with guidelines.

  • “I can put my fence anywhere” – No, you must still respect property lines and local city codes. In San Antonio, fence permits may be required for certain heights or locations.

How Comal Fence Can Help You Comply

We’ve worked with hundreds of homeowners navigating HOA rules. When you hire us:

  • We design fences that meet HOA style requirements.

  • We help ensure material choices are approved before installation begins.

  • We provide free on-site estimates so you know your costs up front.

Whether you want wood for privacy, wrought iron for elegance, or chain link for functionality, our team makes sure your fence is both beautiful and compliant.

Conclusion

The new Texas fence law gives homeowners more rights, but it’s still important to plan your project carefully. You now have the freedom to secure your property, but the appearance of your fence must still fit within your HOA’s guidelines.

If you’re ready to install a fence that meets legal requirements and enhances your property, contact Comal Fence today for your free estimate.