In Texas, an HOA can generally ban chickens, and most do so through the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) that you agreed to when you bought your home. A city ordinance that permits backyard poultry does not override that ban. Whether your HOA’s restriction actually reaches chickens depends on the exact language of your governing documents, and whether you can keep birds at all also depends on your city’s animal ordinance.
Where the Ban Lives in Your Governing Documents
When you buy into an HOA-governed community, you take the property subject to the CC&Rs. That document functions as a binding contract between you and the association, and Texas courts consistently enforce it. The Texas Property Code backs up this authority, which is why a well-drafted animal restriction holds up.
The restriction you are looking for may not use the word “chickens.” Pull your CC&Rs and search for “fowl,” “poultry,” “livestock,” “animals,” and “pets.” Some declarations prohibit any animal other than common household pets, which effectively bans chickens without naming them. Others carry detailed animal sections listing allowed and prohibited species.
Pay close attention to general nuisance clauses. Even where chickens are not expressly forbidden, an HOA can invoke a nuisance provision to address complaints about noise, odor, or pests tied to a coop. Beyond the CC&Rs, check the bylaws and any board-adopted rules or amendments. These are public records, and your HOA has to make them available to you.1State of Texas. Texas Property Code Title 11 Chapter 202 Section 202.006 – Public Records
If the documents are genuinely silent on poultry and contain no general animal or nuisance clause that would cover chickens, the HOA likely lacks authority to prohibit them. The board may still have power to adopt a new rule going forward, depending on the rulemaking authority granted in the governing documents.
A City Permit Does Not Override Your HOA
This is where many Texas homeowners get caught. Satisfying one layer of rules does not excuse you from the other. If your city bans chickens, your HOA cannot override that ban. If your city allows them, your HOA can still prohibit them through the CC&Rs. The stricter rule controls.
Texas has no uniform state law governing backyard poultry, so city rules vary widely. Common municipal requirements include minimum setback distances from neighboring homes, caps on the number of hens, outright rooster bans, enclosure and containment rules, and sanitation standards. Check your own city’s animal ordinance before you buy anything, because the setbacks and flock limits differ substantially between jurisdictions.
What the 2025 Texas Legislature Did and Didn’t Do
During the 89th Legislature in 2025, lawmakers filed two bills that would have limited HOA authority over backyard chickens. Knowing which went anywhere matters, because misinformation about these proposals has circulated.
SB 141: Protection for Six or Fewer Chickens
Senate Bill 141 would have added Section 202.025 to the Property Code, prohibiting an HOA from enforcing a 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 with older CC&Rs could still enforce existing chicken bans.2Texas Legislature. 89(R) SB 141 – Introduced Version – Bill Text
Even under SB 141, HOAs would keep authority to impose reasonable regulations short of an outright ban. The bill allowed associations to cap chickens beyond six, ban roosters, prohibit on-site breeding, and set minimum setbacks between a coop and neighboring lots. Any covenant provision violating the six-chicken protection would be void. Before relying on SB 141, verify whether it was signed into law, because the introduced bill text alone does not confirm enactment.
HB 2013: The Municipal Override That Didn’t Pass
House Bill 2013 would have amended Section 202.007 to prevent an HOA from restricting chicken keeping whenever a local municipal ordinance already authorized a homeowner to keep chickens.3Texas Legislature Online. 89(R) HB 2013 – Engrossed Version It did not advance past committee and did not become law.4BillTrack50. TX HB2013 Section 202.007 still protects things like composting, rain barrels, and drought-resistant landscaping, but it contains no protection for keeping chickens. A city permit allowing backyard chickens, in other words, does not override an HOA’s ban.
What Happens If You Keep Chickens Anyway
An HOA cannot simply fine you or sue without following the enforcement process laid out in the Texas Property Code. Knowing that process gives you leverage, because a shortcut by the HOA can defeat its own penalty.
Before an HOA can levy a fine, suspend common-area privileges, or file suit for a rule violation, it must send you written notice by certified mail. The notice has to describe the specific violation, state any amount claimed, and give you 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 It must also tell you three things: that you have a reasonable period to cure a curable violation that does not 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 Servicemembers Civil Relief Act protections if on active duty. Fix the violation before the cure deadline and the HOA cannot assess a fine for it.
If you request a hearing, the HOA must let you be heard before the board or a board-appointed committee before it can impose a fine or move further.6State of Texas. Texas Property Code Chapter 209 – Texas Residential Property Owners Protection Act After the hearing, you receive a written decision describing the facts of the violation and any fine. This hearing requirement does not apply if the HOA goes to court for a temporary restraining order or temporary injunction.
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 sue for an injunction compelling you to remove the chickens and recover its reasonable attorney fees. Those costs add up quickly, which makes prolonged defiance of an enforceable restriction financially dangerous.
Changing the Rule Through an Amendment
If your CC&Rs ban chickens and no state law preempts that ban, the realistic path is convincing your neighbors to amend the governing documents. Amending CC&Rs generally requires approval from at least 67 percent of property owners under Section 209.0041, though your declaration may set a lower threshold.8Texas State Law Library. Restrictive Covenants – Property Owners Associations
That is a high bar, not an impossible one. Start by gauging interest informally. If you have support, submit a written petition asking the board to place the amendment on the next annual meeting agenda. Frame the proposal around reasonable regulations rather than unrestricted chicken keeping. Offering a flock cap, a rooster ban, setback requirements, and coop maintenance standards addresses the common objections about noise and property values. A proposal that answers those concerns in advance has a far better chance than a blanket request to lift the restriction.
Disability Accommodation as a Narrow Exception
In limited 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 establishes that assistance animals can be any common domestic household animal, and that unusual or non-traditional animals are not automatically excluded.9HUD.gov. Assistance Animals A housing provider must grant a reasonable accommodation when the request comes from a person with a disability and reliable information supports the disability-related need for the animal.
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 on unusual accommodation requests. The homeowner carries the burden of showing the disability-related need, and anyone pursuing this route should work with an attorney who handles both fair housing law and Texas HOA matters.
Call Your Insurer Before Building the Coop
Most standard homeowners policies include liability coverage for injuries or damage caused by animals you own for personal use. If you sell eggs or otherwise use the birds commercially, your policy may exclude coverage because standard homeowners insurance does not cover business activities. Your policy also will not cover damage your chickens do to your own property or veterinary bills for the birds. Some insurers require disclosure of poultry on the property, and failing to disclose can create coverage gaps if you file a claim later. A short call before you invest in a coop and flock is the cheapest step in the whole process.