The West Austin Neighborhood Group (WANG) is a non-profit organization of residents with the shared goal of preserving West Austin and protecting it from deterioration. WANG is concerned with community development, ecology, safety, and any other matters that indirectly and directly affect the quality and character of the neighborhood and the City of Austin.
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Lions Municipal Golf Course Clubhouse
2901 Enfield Road
Austin TX 78703
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President’s Message:
Are Deed Restrictions Enforceable under the City’s HOME Ordinance?
By: Cathy Kyle
Austin’s new HOME ordinance, adopted in two phases in 2023 and 2024, reshapes what can be built on single‑family lots, and it has stirred a lot of conversation in neighborhoods across the city. Broadly stated, the ordinance allows property owners of traditional single‑family homes to build up to three units on a single lot. It also introduces the option to create much smaller lots—down to 1,800 square feet—for a single home. The goal is to increase housing supply, an outcome that is hotly disputed, but the practical effect is that long‑established streets of single‑family homes may now see more structures, more residents, and more construction activity than before.
What the ordinance does not change is the status of private deed restrictions. These covenants, written into the property records of many Austin subdivisions, can limit how land is used regardless of what city zoning allows. If a deed restriction says a lot may contain only one single‑family home, that rule still applies even though the city now permits three units. Importantly, the City does not enforce these restrictions, so it falls to homeowners to monitor compliance and take action if a violation occurs. In many neighborhoods, these private rules are the strongest remaining tool for preserving the original character and density of the area.
For homeowners concerned about overdevelopment the first step is simply to read the deed restrictions that apply to their property and their immediate neighbors. These documents vary widely. Some are extremely detailed while others are brief, but they often contain limits on the number of structures, minimum lot sizes, or architectural requirements. For example, mine limits houses to a single-story and prohibits keeping fowl (whew!). When neighbors understand and collectively uphold these rules they can effectively maintain the single family pattern of their street even as city-wide zoning becomes more dense.
What can you do if a new home is going up that conflicts with your deed restrictions? Often, communication is key. If a house or lot is put up for sale, let the seller and the realtor know about the deed restriction that is in effect and that the neighbors enforce them. Talk to the new owners if you can and let them know about the limitations the deed restrictions impose on new builds. But if these efforts fail, neighbors have to resort to legal action. The City will not monitor or enforce deed restrictions, and WANG cannot do so. The only parties that have “standing” to enforce the deed restrictions are the property owners who are governed under the same covenant. Neighbors can send a formal notice of violation, request that construction stop, or ultimately file a civil lawsuit asking a court to enforce the restriction. Courts in Texas generally uphold deed restrictions as long as they are clear, still relevant to the neighborhood’s character, and have not been abandoned through long‑term non‑enforcement.
Deed restrictions may also be waived or become unenforceable, but the process depends on how the original documents were drafted. Some restrictions contain specific expiration dates or renewal requirements. Others permit amendment or elimination if a designated percentage of property owners, sometimes two thirds and sometimes three quarters, agree in writing. In older neighborhoods, restrictions may also lose their force if they have gone unenforced for many years and the character of the neighborhood has substantially changed. In such cases, a court might determine that the restrictions are no longer enforceable because their original purpose has been defeated. In some areas, restrictions apply only to certain blocks or lots, creating uneven conditions in which some properties remain protected while others are not.
For homeowners concerned about overdevelopment under the HOME ordinance the most important step is to understand exactly what restrictions apply to their property and their neighbors’ properties. These documents can be powerful tools but they only work when residents know their rights and are willing to enforce them.
Travis County Clerk Records (TCCR)5501 Airport Blvd. Ste. 100BAustin, TX 78751512-854-9188