# Texas HOA Architectural Review: Your Appeal Rights (2026) > In a Texas subdivision with more than 40 lots, Property Code 209.00505 gives an owner an appeal when an architectural review authority turns down a project. The denial has to come in writing, by certified mail, hand delivery, or electronic delivery, describe the basis in reasonable detail along with any changes that would win approval, and tell the owner about the right to request a board hearing within 30 days. The board then has to hold that hearing within 30 days of the request and give at least 10 days notice of the date, time, and place. Board members and anyone living with them cannot sit on the review authority. For a buyer, an 'architectural decision is final, no appeal' clause is unenforceable in those subdivisions, and the guidelines tell you how restrictive the board can be. _Source: https://hoanotes.com/hoa/texas/architectural-review/ | Last reviewed 2026-06-03_ ## What the law requires For associations with more than 40 lots, Texas Property Code 209.00505 sets the steps an architectural review authority has to follow when it denies a project. The denial must be in writing, sent by certified mail, hand delivery, or electronic delivery. It has to describe the basis for the denial in reasonable detail, list any changes that would make the project approvable, and tell the owner about the right to request a board hearing within 30 days. The board hears the appeal. It must hold the hearing within 30 days of the request and give the owner at least 10 days notice of the date, time, and place. The board can affirm, change, or reverse the decision, as long as it stays consistent with the subdivision's declaration. The statute also keeps board members and the people who live with them off the review authority. ## Why a buyer should care Architectural rules shape what you can build, paint, or change once you own the home. Section 209.00505 does not promise a yes, but it gives you a path to be heard and stops the board from stacking the review committee with its own members. What you want to read is how strict the guidelines are and how the board has used them. ## What to check in the disclosure packet Read these together before you make an offer: - The architectural guidelines for scope and how much discretion the committee holds. - The CC&Rs and rules for 'final and binding, no appeal' language, which is unenforceable in a subdivision with more than 40 lots. - Recent board minutes for denials, appeals, and how they were resolved. - Who serves on the architectural review authority, since board members and their household members are not allowed to. ## Why this matters to your offer A restrictive committee with broad discretion can slow or block the changes you plan, and a CC&R that denies any appeal conflicts with the law in larger subdivisions. An HOA Notes brief reads the CC&Rs, the architectural guidelines, and the minutes together, flags the review provisions that conflict with the Property Code, and cites the page behind every finding. ## What the statute says **Texas Property Code section 209.00505** (Architectural review appeal rights). For subdivisions with more than 40 lots, when an architectural review committee denies an application, the association must send a written denial notice describing the basis and required changes, and inform the owner of their right to request a board hearing within 30 days; the board must hold the hearing within 30 days of the request with at least 10 days advance notice to the owner. The association may maintain ARC standards and deny applications that do not meet substantive criteria; the board may affirm the ARC's denial if it was consistent with the declaration; board members and their household members may not serve on the ARC. ## Texas HOA architectural review: common questions ### Can I appeal an HOA architectural denial in Texas? Yes, in subdivisions with more than 40 lots. Under Property Code 209.00505 you can request a board hearing within 30 days of a written denial. ### How fast must the HOA hold the appeal hearing? Within 30 days of your request, with at least 10 days notice of the date, time, and place of the hearing. ### The CC&Rs say the architectural decision is final. Is that valid? In a subdivision with more than 40 lots, a 'no appeal' clause conflicts with 209.00505, which gives you a board appeal. Confirm the lot count and the current process. ### Can board members sit on the architectural committee? No. Section 209.00505 keeps board members and the people who live with them off the architectural review authority. ## Sources (verified 2026-06-03) 1. Texas Property Code section 209.00505 (architectural review authority), Texas Statutes, Texas Legislature. Verified 2026-06-03. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm 2. Texas Property Code PROP section 209.00505, FindLaw. Verified 2026-06-03. https://codes.findlaw.com/tx/property-code/prop-sect-209-00505/ 3. Texas Property Code Section 209.00505, Architectural Review Authority, Texas Public Law. Verified 2026-06-03. https://texas.public.law/statutes/tex._prop._code_section_209.00505 HOA Notes is not a law firm and this is not legal advice.