Yes. A San Antonio ADU permit does not cancel private deed restrictions or HOA covenants recorded against your lot. If they allow only one single-family dwelling, or require architectural approval, they can stop or delay an ADU the city would otherwise allow. As of October 2026, Texas has no statewide ADU law that changes this.
How do I find my restrictions?
Look at your title commitment or policy from closing, which lists recorded restrictions. The documents themselves are in the Bexar County Clerk's real property records, or the Comal, Guadalupe or Kendall county records for suburban lots. If you have an HOA, it should have the current declaration and any amendments.
What wording matters?
- "One single-family residence" or "one dwelling per lot."
- Bans on garage apartments, outbuildings or servants' quarters.
- Minimum living area, masonry requirements or setbacks stricter than the city's.
- Approval by an architectural control committee before construction.
- Leasing or short-term rental restrictions.
Did Texas try to change ADU rules statewide?
Yes, in 2025. Senate Bill 673 would have stopped cities from banning ADUs or requiring owner occupancy. It passed the Senate but stalled in the House and did not become law. Even if it had passed, the bill kept HOA rules and deed restrictions intact. The Legislature's next regular session opens in January 2027.
What protections do HOA members have?
Chapter 209 of the Texas Property Code sets procedures many residential property owners' associations must follow, such as written notice before certain enforcement steps. It governs process, not whether your covenants allow an ADU.
It depends: can restrictions change?
Some restrictions expire, some renew automatically, and some can be amended by a vote of owners under their own terms. Older San Antonio neighborhoods may have lapsed restrictions; newer subdivisions usually have active ones. A real estate attorney can read yours and tell you what is enforceable.
How do we handle it?
We ask for your title documents at the lot check, point out any restrictive language, and build HOA review into the schedule. When the wording is unclear, we recommend legal advice before you pay for design.
Sources, as of October 2026:
- Texas Legislature Online, SB 673 (89th Legislature) text and fiscal notes; Texas Policy Research SB 673 summary.
- Courier of Montgomery County, on SB 673 clearing the Senate and then stalling in the House.
- Texas Property Code, Chapter 209.
- City of San Antonio Development Services, Accessory Dwelling Unit Permits page.