Land Use & Property Rights
Texas Attorney General Opinion KP-0333 answers whether a city, the City of Horseshoebay specifically, whether a municipality may enact an ordinance that conditions receipt of a building permit?
Translating the legalese, can an Architectural Committee overrule other building code provisions?
Why does this matter in Texas? In 2019, the Legislature passed House Bill 2439 (2019 | TX), that prohibits cities from restricting the use or installation of building products or materials that are approved for use by a recent national model code.
So what can home-rule cities, like Horseshoe Bay, do? They can enforce other covenants, maybe, but if a covenant conflicts with the model building codes, they can’t allow an Architectural Committee overrule the building code.
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