Deed Restrictions vs. HOAs: Comfort Buyer Guide

Planning to buy a home or a small acreage tract around Comfort? One of the biggest surprises for Hill Country buyers is how much your day‑to‑day freedom depends on the fine print. You will likely encounter deed restrictions, an HOA, or both. Each one shapes what you can build, whether you can keep livestock, how roads are maintained, and what it costs to own long term.

This guide breaks down the differences in plain language so you can match your plans to the right property. You will learn how enforcement works, what documents to request, and how to avoid common pitfalls in rural and semi‑rural neighborhoods near Comfort. Let’s dive in.

Deed restrictions vs. HOAs

Deed restrictions are private rules recorded in the chain of title. They are often called restrictive covenants or CC&Rs. They can limit use, set building standards, require architectural review, and outline maintenance expectations. These rules “run with the land,” which means they bind future owners while they remain in force.

An HOA is the organization that manages a subdivision. It operates under recorded CC&Rs and its own bylaws and rules. The HOA collects dues, enforces violations, maintains common areas and private roads, and runs formal governance like budgets and board elections.

The bottom line: deed restrictions are the rules; an HOA is the entity that can actively manage and enforce those rules. You can have restrictions without an HOA, and you can have an HOA that enforces restrictions.

What this means for your daily use

If you want to add a barn, keep a small herd, build a guest casita, or operate a short‑term rental, you need to confirm what the recorded covenants allow.

Common topics covered by deed restrictions and HOA rules include:

• Allowed uses: residential only, home business limits, rental rules, short‑term rentals.
• Structures and standards: minimum square footage, height limits, setbacks, outbuildings, barndominiums, RVs or temporary structures.
• Animals and land: livestock numbers, pens, fencing standards, wildlife activities.
• Property appearance: landscaping, tree removal, architectural review, signage, and flags.
• Utilities: placement of septic systems and wells, water storage tanks, solar panels, antennas, and utility easements.

Many rural tracts near Comfort have CC&Rs but no active HOA. In those cases, neighbors or the original developer may be the ones who enforce the rules through private legal action.

Costs and financial risk

Deed restrictions by themselves do not create dues. HOAs do. If there is an HOA, you will pay regular assessments and possibly special assessments for larger projects like private road repairs, gate replacements, or drainage fixes.

Unpaid assessments or fines can lead to liens on your property. Depending on the governing documents and state law, an HOA can pursue legal action and, in serious cases, foreclosure for delinquent assessments. Special assessments can also create surprise costs, so reviewing the HOA budget and reserve balance matters.

Governance and enforcement

With deed restrictions alone, enforcement typically happens through private lawsuits brought by neighbors or the developer. If an HOA exists, the board and management company use a formal process of notices and fines to enforce rules. The HOA can also place liens for unpaid assessments and may suspend common area privileges.

If you want predictability and active road maintenance, a well‑run HOA can provide that structure. If you want maximum independence, a deed‑restricted tract without an active HOA might suit you better, as long as you confirm what the restrictions actually say.

Flexibility over time

Changing restrictive covenants often requires a supermajority of owners or developer consent. Some documents include expiration or review dates. HOA boards can adopt or update certain policies under the CC&Rs and bylaws, but major changes to the CC&Rs usually require an owner vote. During the early life of a subdivision, the developer may hold special rights to amend or approve improvements until turnover.

If long‑term flexibility is important to you, read the amendment language closely before you buy.

Comfort and Kendall County realities

In the Hill Country, county zoning is limited compared with cities. Outside town limits, private covenants and HOA rules often act as the primary land‑use controls for subdivisions and small acreage. Always confirm whether a property lies inside municipal boundaries or under county jurisdiction.

Other local factors to consider:

• Septic and wells: System size and placement depend on soils, permitting, and setbacks. These influence where you can build and whether a guest house is feasible.
• Private roads and access: Many subdivisions use private roads. Maintenance can be handled by an HOA or a road agreement among owners. Confirm who pays and how much.
• Mineral rights: In Texas, mineral rights are often severed from the surface. A mineral owner may retain certain access rights. Check the deed chain for reservations.
• Agricultural valuation: Some small tracts qualify for an agricultural tax valuation. Restrictions may allow or limit ag uses and livestock. Confirm with the appraisal district and check the covenants if ag valuation is part of your plan.
• Short‑term rentals: In tourism‑oriented areas, covenants may restrict or allow STRs. If rental income is part of your model, verify before you offer.

What to review before you offer

Request these items early. They will shape your decision and your contract contingencies.

• Current deed and recorded exceptions.
• All recorded CC&Rs and any amendments.
• Subdivision plat showing setbacks, easements, and any common areas.
• If there is an HOA: articles, bylaws, rules, architectural standards, and recent policies.
• HOA financials for the last 2 to 3 years, including budgets and reserve information.
• Assessment history and any pending or recent special assessments.
• Minutes of recent board meetings and any active or past violation notices for the property.
• An HOA resale or estoppel certificate that states dues, fees, outstanding balances, and any pending litigation.
• Insurance details for any association master policies and what they cover versus the owner’s responsibility.
• Title commitment showing easements, covenants, and existing liens.
• A recent boundary and improvement survey to identify setbacks and any encroachments.

Small‑acreage use questions to confirm

Before you plan improvements or operations, verify:

• Whether livestock are allowed and any limits by number or type.
• Fencing standards, gate locations, and shared access easements.
• Outbuildings, barns, shops, and barndominiums; size and finish standards.
• Driveway design and heavy equipment access on steeper terrain.
• Water issues such as stock tanks, pond permits, or riparian easements.
• Wildlife activities like feeders or hunting if that is part of your vision.
• Tree clearing and replanting rules.

How enforcement plays out in real life

Consider two scenarios common around Comfort:

• You plan to build a workshop and guest suite. The subdivision has an HOA with an Architectural Control Committee. You submit plans and receive written approval. You also confirm setbacks on the plat and septic placement. This keeps you aligned with the CC&Rs and avoids future violations.
• You buy in a deed‑restricted area with no active HOA. The covenants limit livestock to a set number and prohibit short‑term rentals. A neighbor notices an unapproved additional dwelling or a rental operation. They could pursue enforcement through private legal action to stop the use.

In both cases, written approvals, surveys, and careful reading of the recorded documents help you avoid conflicts and protect resale value.

Smart due diligence steps

Use this practical sequence to avoid surprises:

• Before touring: Ask if the property is subject to CC&Rs or part of an HOA. Request documents or a summary and confirm whether roads are public or private.
• When you go under contract: Order a current title commitment, request all CC&Rs and HOA documents, and obtain a resale or estoppel certificate early. Review HOA budgets, reserves, and special assessment history.
• Inspections: Choose an inspector experienced with rural systems. Confirm property lines, fencing, gates, and any shared easements. For acreage, understand well and septic locations and future expansion options.
• Professional review: For interpretation of covenants, HOA enforcement powers, and mineral reservations, consult a local real estate attorney. Your title company and surveyor can clarify exceptions and encroachments.
• Contract protections: Include contingencies that allow cancellation if CC&Rs or HOA documents are unacceptable. Confirm the seller’s disclosure obligations regarding assessments and violations.
• Closing: Ensure the title company clears any HOA or other liens and confirms dues are current.

Red flags and green lights

Watch for these signals as you review documents:

• Red flags: thin HOA reserves, frequent or large special assessments, unclear road maintenance obligations, missing ACC standards, active litigation, or developer control with no clear turnover timeline.
• Green lights: a clear budget and reserve plan, documented road maintenance, consistent ACC standards, timely meeting minutes, and clean resale or estoppel certificates.

When to loop in experts

If your plans include livestock, a guest house, STR income, or a significant shop or barn, bring in help early. An attorney can explain enforcement and amendment language. A surveyor can confirm setbacks and easements. Your agent can coordinate documents, timelines, and the right contingencies so you do not lose leverage.

Ready to talk through a specific property around Comfort and match it to your goals? Connect with the Marjorie Group for clear guidance rooted in Hill Country experience.

FAQs

How to tell if a Comfort property has deed restrictions or an HOA

• Check the recorded deed, subdivision plat, and county records, and ask the seller or listing agent for CC&Rs and any HOA documents as early as possible.

Can an HOA make me change an improvement I already built

• If the improvement violates recorded covenants or ACC standards, the HOA may enforce compliance through notices, fines, and legal remedies. Keep all approvals in writing.

Are deed restrictions permanent on Hill Country tracts

• Many last for decades but can include amendment procedures or expiration dates. The recorded language controls whether and how they change.

Do I have to join an HOA if CC&Rs exist

• If the recorded covenants create a mandatory HOA, ownership conveys membership. If there is no active HOA, enforcement usually rests with the developer or other owners.

Could someone drill on my land if minerals are severed

• Mineral rights can be separate from surface rights in Texas. A mineral owner may retain certain access rights. Review the deed chain and any reservations in the title commitment.

Are HOAs common around Comfort and Kendall County

• You will find both deed‑restricted subdivisions without active HOAs and neighborhoods with formal HOAs. Verify on a parcel‑by‑parcel basis before you buy.