Can an HOA stop you from hunting on property?

I purchased 90 acres and the HOA rules are no hunting or shooting? Are they legally allowed to tell me I can’t shoot or hunt on my property?

Asked on November 22, 2018 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no law against an HOA prohibiting hunting. It can restrict the activity of an owner so long as the prohibition is reasonable and does not violate the terms of any by-laws and/or CCR's. This has been interpreted the courts to give HOA's broad powers. They can restrict a property owner from leasing out their land, having more than a certain amount of people on the property, prohibiting hunting, etc. Now, you could try to challenge the restriction as unreasonable. However, if you do it would be up to a judge to decide the issue of reasonableness, and in today's anti-gun climate, it would most likely be a hard argument to win.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, your HOA can prohibit you from hunting on your property. HOAs have broad power and discretion over the land in their communities, and can set rules and regulations for what can be done on or with it. They can, for example, ban homeowners from renting out their homes; regulate acceptable outdoor decorations or structures; prohibit home-based businesses--or ban hunting on land within the HOA.


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