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Improvements a board cannot simply banLesson 17 of 32

Academy/Architectural Review

Security devices

Whether your board can say no to a security camera, alarm, or motion light, and what it can still control when the answer is no.

Whether your association can ban security cameras, alarms, or motion lights depends on your state and your declaration. Texas law voids covenants that block security measures outright, though boards there can still regulate camera placement and the type of security fencing installed. Check your own state's statutes and your declaration before assuming either way.

01

Where security devices fit in the review chain

An architectural review committee only has the authority its declaration gives it. If the declaration and any guidelines adopted under it are silent on security devices, the committee's power to regulate them at all is, at minimum, questionable.

"The authority of an association or any architectural, construction improvement, or other such similar committee of an association to review and approve plans and specifications for the location, size, type, or appearance of any structure or other improvement on a parcel..."

Source: Florida Statutes Section 720.3035, State of Florida

That principle is general, not Florida specific. A board that wants to require preapproval for a doorbell camera or a security fence needs that authority written or reasonably implied somewhere in the governing documents, not just assumed.

02

Texas voids an outright ban, with two carve-outs

Texas is the only state verified in this course to legislate security devices specifically, and it protects the owner's right to have them at all.

"A property owners' association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures."

Source: Texas Property Code Section 202.023, State of Texas

The board keeps two specific things. It may still prohibit "the installation of a security camera by a property owner in a place other than the property owner's private property," and it may still regulate "the type of fencing that a property owner may install." The statute also does not reach condominiums or master mixed use associations.

03

What the board can still regulate in Texas

Read the two carve-outs as a practical split. The board cannot tell an owner no cameras, no alarms, no motion lights, period. It can still say where a camera goes (on the owner's own property, not aimed from or mounted on common area) and what a security fence looks like, through the same design guidelines it applies to any other fence.

Whether your state has anything like this statute varies. Check your own state's property or common interest ownership statutes for a security device provision before you assume Texas's rule applies to you.

04

If your state has no security device statute

Without a state law on point, the review defaults to the general hierarchy: the declaration first, then any design guidelines adopted under it, then board discretion exercised in good faith. There is one federal layer that sits above all of that regardless of state or declaration language: if a security device is needed because of a resident's disability, the Fair Housing Act's reasonable modification and reasonable accommodation duties apply on top of whatever the declaration says.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

A Texas homeowner installs a camera aimed at their own porch. The board points to a covenant banning all exterior cameras. What happens under Texas law?

A Texas HOA cannot ban a security camera outright. Which of the following can the board still do?

Your state has no statute addressing security devices. Under the review hierarchy, what controls the board's authority to regulate them?

Sources

Architectural Review

Want to see the full chain of authority behind any architectural decision? Read architectural review authority next.

Whether a covenant can restrict cameras, alarms, motion lights, or security fencing, and what carve-outs apply, varies by state. Only Texas is verified in this course; confirm your own state's statutes and your declaration before relying on this.