In Texas, an HOA can generally ban chickens if its governing documents prohibit them, and most do so through restrictions on livestock, fowl, or poultry written into the Declaration of Covenants, Conditions, and Restrictions. A city ordinance that allows backyard chickens does not override that private restriction. The rare exceptions involve a disability-related accommodation request or, potentially, a new state statute limiting HOA authority over small flocks.
Start With Your CC&Rs
Your community’s Declaration of Covenants, Conditions, and Restrictions is the document that decides this question for you. When you bought the home, you agreed to follow it, and Texas courts treat CC&Rs as enforceable contracts under the Texas Property Code. Pull the CC&Rs, the bylaws, and any board-adopted rules or amendments. Your HOA is required to make these available to homeowners.1State of Texas. Texas Property Code Title 11 Chapter 202 Section 202.006 – Public Records
The word “chickens” may not appear anywhere. Search for “fowl,” “poultry,” “livestock,” “animals,” and “pets.” Some CC&Rs prohibit any animals other than common household pets, which functionally bans a backyard flock. Others carry a general nuisance clause the board could invoke against noise, odor, or pests from a coop even when poultry isn’t named. If the documents are genuinely silent on the subject and contain no animal or nuisance language that would sweep chickens in, the HOA likely lacks authority to prohibit them, though the board may still have rulemaking power to address it going forward.
A City Permit Doesn’t Override Your HOA
This is where homeowners most often get caught. Texas cities set their own rules on backyard poultry, and many allow small flocks with setback, sanitation, and rooster restrictions. Satisfying your city does not satisfy your HOA. The two operate as separate layers, and the stricter one controls.
The Texas Legislature considered changing that in 2025. House Bill 2013 would have amended Section 202.007 of the Property Code to bar an HOA from restricting chicken keeping whenever a local ordinance already permits it.2Texas Legislature Online. 89(R) HB 2013 – Engrossed Version The bill did not advance past committee and did not become law.3BillTrack50. TX HB2013 Section 202.007 still protects things like composting, rain barrels, and drought-resistant landscaping, but it does not protect chickens. Your city permit stops at the HOA line.
What SB 141 Would Do (If It Became Law)
The other 2025 bill worth knowing about is Senate Bill 141, which took a more direct approach. It proposed adding Section 202.025 to the Property Code, prohibiting an HOA from enforcing any restrictive covenant that bans a homeowner from keeping six or fewer chickens on a single-family residential lot. The protection would apply only to covenants created on or after September 1, 2025, so HOAs operating under older CC&Rs could still enforce existing bans.4Texas Legislature. 89(R) SB 141 – Introduced Version – Bill Text
Even if SB 141 applied, HOAs would keep meaningful authority. The bill let associations cap ownership beyond six birds, ban roosters outright, prohibit breeding, and require minimum setbacks between a coop and neighboring lots. Any covenant provision violating the six-chicken floor would be void.
Confirm the bill’s current status before relying on it. The introduced text alone does not tell you whether it was enacted, and if it was not, there is no state-level protection for chicken keeping inside an HOA under Section 202.025.
How Enforcement Works If You Keep Chickens Anyway
An HOA cannot simply fine you or sue you the moment it spots a coop. The Texas Property Code requires specific steps first, and an association that skips them may not be able to enforce its penalties.
Written Notice by Certified Mail
Before levying a fine, suspending common-area privileges, or filing a lawsuit for a rule violation, the HOA must send written notice by certified mail. That notice must describe the violation, state any amount claimed, and give a deadline to fix the problem if the violation is curable.5State of Texas. Texas Property Code Title 11 Chapter 209 Section 209.006 – Notice Required Before Enforcement Action
The notice must also tell you three things: that you have a reasonable cure period for a curable violation that doesn’t threaten public health or safety, that you may request a hearing before the board within 30 days of the mailing date, and that you may have protections under the Servicemembers Civil Relief Act if you’re on active duty. Fix the violation before the cure deadline and the HOA cannot assess a fine for it. One caveat: if the HOA gave you the same notice for the same violation within the previous six months, it doesn’t have to repeat the full process.
The Hearing and What Comes After
If you request a hearing, the HOA must let you be heard before the board or a board-appointed committee before it can fine you or take further action.6State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act The board then issues a written decision with the facts of the violation and any fine. The hearing requirement doesn’t apply when the HOA seeks a temporary restraining order or temporary injunction in court.
If the violation continues, a court can assess civil damages of up to $200 for each day it persists.7State of Texas. Texas Property Code Title 11 Chapter 202 Section 202.004 The HOA can also seek an injunction ordering removal of the chickens and recover reasonable attorney fees. Those costs stack quickly, and they fall on the homeowner who loses.
Changing Your HOA’s Rules
If your CC&Rs currently ban chickens, amending them is the durable fix. Under Section 209.0041 of the Texas Property Code, changing CC&Rs generally requires approval from at least 67 percent of property owners, though your declaration may set a lower threshold.8Texas State Law Library. Restrictive Covenants – Property Owners Associations
Two-thirds is a high bar. It becomes reachable when the proposal answers the objections neighbors actually raise. Cap flock size. Ban roosters. Require setbacks between coops and property lines. Set coop maintenance and sanitation standards. Gauge support informally first, then submit a written petition asking the board to place the amendment on the next annual meeting agenda. A narrow, regulated proposal has a real chance where a blanket removal of restrictions does not.
Fair Housing Accommodation Requests
In narrow circumstances, a homeowner with a disability may request a chicken as an assistance animal under the Fair Housing Act, which can override an HOA’s ban. HUD guidance provides that assistance animals can be any common domestic household animal and that unique or non-traditional animals are not automatically excluded.9HUD.gov. Assistance Animals A housing provider must grant a reasonable accommodation when the requester has a disability and the disability-related need for the animal is supported by reliable information.
An HOA can still deny the request if the specific animal poses a direct threat to health or safety, would cause significant physical damage to others’ property, or would impose an undue burden on the association. A chicken kept outdoors in a coop raises different questions than a dog living inside a home, and HOAs tend to push back harder on unusual requests. The burden of showing the disability-related need falls on the homeowner, so this is a route to walk with an attorney who handles both fair housing and Texas HOA matters.
Call Your Insurer Before You Build
Most standard homeowners policies include liability coverage for animals kept for personal use, but selling eggs or any other commercial use of the birds can trigger a business-activity exclusion. Policies also typically won’t cover damage the chickens cause to your own property or veterinary bills for the birds themselves. Some insurers require disclosure of poultry on the property, and a failure to disclose can create coverage gaps later. A phone call before you invest in a coop is cheaper than finding out afterward.