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Can our HOA enforce a restriction for residential use only on a property owner that is trying to open a horse boarding stable?

Comfort, TX |

The deed restrictions prohibit "noxious and nuisance businesses", which a horse stable definitely qualifies as. There are two lots that the developer set aside as being able to have a business (ours) but we moved here because it was quiet and residential. Our business is on the internet and no noise or traffic is generated. This particular property owner says it is his constitutional right to have any business he wants to. However, all owners signed the deed restrictions. The HOA is small and has recently reinstated dues for road repair. There have been no dues for awhile since there were no expenses, but the HOA is still in existence. We are afraid for our privacy, security and quality of life.

Attorney Answers 1


A horse stable is not a "noxious and nuisance businesses" and there is no reason for you to be "afraid for [y]our privacy, security and quality of life".

But be that as it may, if an owner's property is within the HOA, then the owner has to abide by its rules. It is not clear if the property at issue is in the HOA or not - if it is not, then you have no standing, outside of the area's zoning ordinances, to complain. If the area's zoning allows for horse stables, then the owner is well within his rights to open and operate a horse stable. If his property is within the HOA, he must abide by its rules. A local attorney should be able to review the HOA and advise you. The State Bar of Texas can give you a referral:

If we do not have a signed fee agreement I am not your attorney and this is not legal advice.

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Thank you for your answer. I actually have horses myself on the property and these people did board a horse for a little while. During this time they had a lot of teenaged traffic, drinking on common areas, issues with not keeping the stalls clean, controlling their horse boarder that went on other private property with their animal and disregarded requests not to tresspass. We love horses but these people are not knowledgeable about any kind of livestock having just moved from the city. The trainer they want to bring in has a jail record, is a known drug user and has a bad reputation as a violent man. We have a very small - 5 landowners - subdivision that is an old ranch with one road in and out. The stable will put strangers driving very close to our homes from 7 am-10 pm. Although the horses are not a nuisance themselves, they are certainly part of it when they are being ridden, jumped and run at fences housing other horses in order to taunt them as we have witnessed. Tresspassing on our property is a big concern because they are not getting any kind of release from their customers to protect us.

Laura Mcfarland-Taylor

Laura Mcfarland-Taylor


Again, if the property is not part of the HOA, then it does not fall under its rules. If it is part of the HOA, then you have some options. In the meantime, put up fencing, post no trespassing signs, and put up security cameras. If they cause problems, call the police. You have to do what you have to do to protect yourself. You should speak with a local attorney regarding your options.



Thank you very much! I appreciate your time.

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