HOA COVENANT AMENDMENT HOW-TO GUIDE Quiet Skies TX — QuietSkiesTX.org | info@quietskiestx.org Restricting Commercial Drone Deliveries Under Texas Property Code Chapter 209 ------------------------------------------------------------------ IMPORTANT: This guide is for informational purposes only and is not legal advice. Every HOA's governing documents and circumstances are different. Have your specific CC&Rs reviewed by a licensed Texas HOA attorney before proceeding. ------------------------------------------------------------------ OVERVIEW A growing coalition of DFW homeowners associations is exploring covenant amendments to restrict commercial drone delivery acceptance within their communities. As of March 2026, Quiet Skies Texas, LLC (QuietSkiesTX.org) is coordinating that effort across Richardson, Garland, Plano, and surrounding cities — following Amazon Prime Air's launch of residential drone delivery from its Richardson facility in December 2025. HOAs in Texas have the authority to regulate activity on property within their community — including commercial delivery methods. While HOAs cannot regulate airspace (that is FAA jurisdiction), they CAN regulate whether residents accept drone deliveries on their lots, designate their property as drone delivery zones, or enroll in commercial drone delivery programs. If enough HOAs in a delivery corridor adopt this restriction, drone delivery becomes economically unviable in that area — without requiring legal battles or waiting for city ordinances. This guide walks you through the process of amending your CC&Rs under Texas law. ------------------------------------------------------------------ STEP 1 — UNDERSTAND YOUR CURRENT GOVERNING DOCUMENTS Before proposing any amendment, obtain and review: □ Your Declaration of Covenants, Conditions & Restrictions (CC&Rs / Declaration) □ Your Bylaws □ Any existing rules and regulations adopted by the Board □ The most recent annual meeting minutes (to understand amendment precedent) Key questions to answer before approaching your board: - What vote threshold is required to amend the Declaration? (Typically 2/3 or 3/4 of all owners, or all owners in the affected class) - Does the Board have authority to adopt rules without an owner vote, or does this require a full member ballot? - Are there existing provisions about "commercial activity," "nuisances," or "delivery vehicles" that could already be interpreted to apply? - What is the procedure for calling a special meeting or adding a ballot item to the annual meeting? ------------------------------------------------------------------ STEP 2 — CONSULT A LICENSED TEXAS HOA ATTORNEY Before proceeding, invest in a consultation with a Texas attorney experienced in HOA law. This is new territory — make sure your attorney is familiar with both Chapter 209 and the emerging drone delivery legal landscape. Key questions to ask your attorney: 1. Does our CC&R structure give the Board authority to adopt this restriction as a rule, or does it require a full Declaration amendment with owner vote? 2. Is the proposed language defensible under Texas Property Code Chapter 209? 3. Are there existing provisions in our documents that conflict with or support this restriction? 4. What is the correct amendment procedure for our specific documents? 5. Once adopted, how is this recorded and made enforceable? Many Texas HOA attorneys offer flat-fee consultations for $150–$350. This is money well spent before committing HOA resources to an amendment effort. ------------------------------------------------------------------ STEP 3 — BRING THE ISSUE TO YOUR BOARD Request a spot on the next Board meeting agenda. Frame it clearly: - Describe it as a "community quality-of-life and property value protection issue" - Bring copies of this guide and the Quiet Skies TX sample covenant language (available at QuietSkiesTX.org — see the HOA Covenant section) - Bring the documented data: a resident logged 122 drone overflights over her home in a single 10-hour period (February 2, 2026 Richardson council meeting) - Reference the February 4, 2026 crash — an Amazon MK30 drone struck an apartment building on Routh Creek Parkway in Richardson, fell to the ground, and began smoking. Amazon confirmed the incident and the FAA is investigating. - Note that the Quiet Skies TX coalition already includes multiple HOAs across Richardson, Garland, and Plano — your board is not acting alone At the Board meeting, ask the Board to: 1. Direct the HOA attorney to review the sample covenant language for compatibility with your specific CC&Rs 2. Authorize a resident survey to gauge community support (optional but helpful before a vote) 3. Schedule a community information meeting before the amendment vote ------------------------------------------------------------------ STEP 4 — DRAFT THE AMENDMENT LANGUAGE Work with your HOA attorney to draft language tailored to your specific CC&Rs. The Quiet Skies TX sample language (at QuietSkiesTX.org, HOA Covenant section) is a starting point — not a final document. Core elements your attorney should address: □ Clear prohibition on accepting or enrolling in commercial drone delivery □ Definition of "acceptance" that covers tether-drop delivery (drone doesn't land) □ Statement of purpose (property values, quiet enjoyment, community character) □ Reference to existing enforcement and fine provisions in your CC&Rs □ Technology-neutral language that applies to all operators, not just Amazon (covers Wing, Walmart DroneUp, Zipline, and any future service) ------------------------------------------------------------------ STEP 5 — NOTICE AND VOTE PROCEDURES (TEXAS PROPERTY CODE CHAPTER 209) Texas Property Code Chapter 209 governs residential HOAs. Key requirements: NOTICE: - Written notice of the proposed amendment must be sent to all owners at least 10 days before any meeting at which it will be voted on - Notice must include the full text of the proposed amendment - Send by certified mail or any electronic means permitted by your documents MEETING: - The meeting must be properly noticed per your Bylaws - Quorum requirements must be met - Members must have a reasonable opportunity to speak before the vote VOTE THRESHOLD: - Most Texas declarations require approval by 2/3 or 3/4 of the total membership - Check your specific Declaration for the exact threshold - Some declarations allow the Board to adopt rules without a full member vote — confirm with your attorney RECORDING: - Once adopted, amendments to the Declaration must be recorded in the real property records of the county where the community is located - Recording fees vary by county (typically $25–$50 for the first page plus a per-page fee) - Your HOA attorney can handle the recording ------------------------------------------------------------------ STEP 6 — COMMUNICATE THE AMENDMENT TO RESIDENTS Once adopted and recorded: □ Send written notice of the new provision to all owners with the effective date □ Include a clear explanation of what is and is not prohibited □ Post in the community portal, newsletter, or HOA board app □ Prepare a brief FAQ for common resident questions (see below) □ Notify Quiet Skies TX at info@quietskiestx.org so we can add your HOA to the coalition registry at QuietSkiesTX.org ------------------------------------------------------------------ STEP 7 — ENFORCEMENT The amendment is only as strong as your enforcement process: □ Establish a clear, written process for receiving and investigating complaints □ Follow your CC&Rs' notice and cure procedures before issuing fines □ Document all enforcement actions in Board minutes □ Consult your attorney before pursuing any legal remedy ------------------------------------------------------------------ FREQUENTLY ASKED QUESTIONS Q: Can a HOA really stop Amazon drone deliveries? A: A HOA cannot stop drones from flying through the air above the community — that is FAA jurisdiction. But it can prohibit residents from opting into or accepting drone deliveries at their lots. If enough HOAs in a corridor adopt this restriction, drone delivery becomes economically unviable in that area — which reduces flight frequency for all residents, including those in non-HOA properties nearby. Q: What if a resident violates the restriction? A: The HOA follows its standard enforcement procedures — written notice, opportunity to cure, and escalating fines per your CC&Rs. The restriction runs with the land and applies to all current and future owners. Q: Will Amazon or a resident challenge it? A: Amazon is not a party to HOA covenants and cannot directly challenge them. A resident could challenge enforcement, which is why attorney-reviewed, properly adopted language matters. Frame the restriction around property use (accepting deliveries), not airspace, to maximize defensibility. Q: Does this apply to Wing, Walmart DroneUp, or future operators? A: Yes — if the language is technology-neutral and refers to "any commercial unmanned aerial vehicle delivery service." This is strongly recommended. Q: What if our HOA attorney says it won't work? A: Get a second opinion from an attorney familiar with both HOA law and drone delivery regulation. This is emerging law, and not all practitioners are current on the drone delivery landscape. Q: Can we coordinate with other HOAs? A: Yes — and it makes the effort far more effective. Contact Quiet Skies TX at info@quietskiestx.org to connect with other boards in the coalition. ------------------------------------------------------------------ RESOURCES Sample Covenant Language: QuietSkiesTX.org (HOA Covenant section) Quiet Skies TX Coalition: QuietSkiesTX.org | info@quietskiestx.org Texas Property Code Chapter 209: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm Texas Community Association Advocates: https://www.tcaa-online.org/ FAA Drone Noise Complaints: https://www.faa.gov/contact Richardson City Council: https://www.cor.net/government/city-council Garland City Council: https://www.garlandtx.gov/758/City-Council Plano City Council: https://www.plano.gov/1345/Mayor-and-City-Council ------------------------------------------------------------------ This guide is provided by Quiet Skies TX for informational purposes only. It is not legal advice. Texas HOA law is complex and fact-specific. Always consult a licensed Texas attorney before amending your governing documents. Quiet Skies Texas, LLC — QuietSkiesTX.org © Quiet Skies TX — May be reproduced for non-commercial community advocacy purposes with attribution.