What is the difference between zoning, deed restrictions and HOA covenants?

Zoning is a public rule: a city ordinance that divides land into districts and lists the uses allowed in each, changed only through a public rezoning process ending in a city council vote. Deed restrictions (restrictive covenants) are private rules recorded in county property records that bind every later owner of that land, and Texas allows almost any rational restriction. An HOA, or property owners' association, is a private organization, usually created by a developer, that enforces a set of recorded covenants through assessments, architectural review and remedies such as fines or lawsuits. A parcel can be subject to all three at once, and the strictest one controls what you can actually build.

Check your local rule. This varies by state, county or city. Your permitting office has the final word; the official lookup pages below show you who that is.

Sources

• What You Need to Know About Land-Use Restrictions in TexasTexas A&M Real Estate Research Center
• Property Owners Associations: CC&RsTexas State Law Library