Army Veteran Beekeeper Loses Her Appeal Against Her HOA Over Hives Kept Beside A Park, Still Owes $2,500 In Attorney Fees And Her Bees Are Not Going Anywhere

A Texas appeals court has upheld the dismissal of a lawsuit that Conroe beekeeper Tyra Swanson filed against her homeowners association, Lake Forest Falls. It also left in place a lower court’s order that she pay $2,500 toward the association’s attorney’s fees.

Colorful beehives lined up in a grassy field in summer.

The ruling came on Oct. 22. The bee colonies at the center of the fight are still where they have been for about five years, on her own lot beside the neighborhood’s Spillway Park.

A Retired Army Veteran, A Decade Of Beekeeping, And Hives That Help Her Relax

Swanson is a retired Army veteran who has kept bees for roughly a decade. According to a report published Oct. 31 that drew on KHOU 11’s coverage, her colonies have sat in the same spot near Spillway Park for about five years.

She has described the hives as a hobby that helps her relax. Her property is small, and the trees near the hives give them shade, and she told KHOU 11 that her lot has few other suitable places to put them.

The HOA Letter Asked Her To Move The Hives Away From The Pavilion

In April 2025, the Lake Forest Falls Deed Restriction Compliance Committee sent her a letter. It said her bee boxes were next to a pavilion where families gather and eat.

The letter asked her to move the hives farther from the common area, possibly to the other side of her house or to another property. It also raised concerns about chickens wandering toward the park and warned that she could be fined if she did not respond.

An attorney for the association told KHOU 11 that bees near Spillway Park had stung HOA members and board members. The association sees the hives’ closeness to the gathering area as a safety concern.

She Went To Court Instead Of Waiting, And The Judges Said It Was Too Early

Swanson sued rather than wait for the association to act. A district court dismissed her lawsuit and ordered her to pay $2,500 toward the association’s attorney’s fees, and on Oct. 22, 2026, the appeals court affirmed.

The reasoning turned on timing. The association had not yet made a formal finding that she violated the deed restrictions, so the court found the suit premature.

The ruling did not decide whether her hives break any neighborhood rule. Whether the hives can stay where they are is the question still waiting for an answer.

Spillway Park Is Closed, And Neighbors Are Complaining About The Grounds

In the meantime, Spillway Park has been closed amid the dispute. Some residents have complained about the closure and the condition of the grounds.

As of the latest reporting, Swanson had not moved her bees and the dispute had no resolution. For Swanson, the ruling means a $2,500 bill tied to a lawsuit that never reached the question she cared about, and for the neighbors it means a park that stays closed while bees keep flying from the lot next door.

What Texas Law Says An HOA Must Do Before It Fines You

Texas law spells out the steps an association must take, which helps explain why this fight could start where it did. Under Section 209.006 of the Texas Property Code, an HOA must send written notice by certified mail before it fines an owner, suspends common-area rights or sues over most violations.

That notice has to describe the violation and any amount owed. It must give the owner a reasonable period to cure a violation that can be cured and does not threaten public health or safety, and it must tell the owner about the right to request a hearing within 30 days.

If the owner fixes the problem before the cure date, no fine may be assessed. A guide to the Texas Residential Property Owners Protection Act from FirstService Residential notes that owners can often ask for a hearing before the board takes final action under Section 209.007, giving both sides a chance to settle things before fines start.

The appeals ruling puts the dispute back where the Property Code expects it to begin, with the association. If Lake Forest Falls moves forward, it would need to make a formal finding and follow the notice, cure and hearing steps before any fine could stand.

Backyard Bee Guidelines From Texas A&M’s Apiary Inspectors

Texas has no single setback rule for backyard bees, but the state’s apiary inspectors at Texas A&M have published guidance that speaks to exactly this kind of tension. The Texas Apiary Inspection Service’s voluntary best management practices advise beekeepers to keep hives away from the general public and, when hives sit near property lines, to talk with neighbors and consider their concerns.

On small lots, or within 200 feet of a developed part of a property, the guidelines call for a flyway barrier, such as a solid fence, wall or dense vegetation at least six feet tall, that forces bees to fly up and over people. They suggest no more than three colonies on a lot of a quarter-acre or less, plus a steady water source near the hives so bees do not go looking for pools or hot tubs next door.

The guidelines scale with lot size. A quarter-acre to half-acre lot is suggested for up to six colonies, and a half-acre to an acre for up to 10, with higher temporary limits allowed for no more than 60 days to control swarming.

They also advise beekeepers to keep an eye on neighbors’ outdoor activity when deciding when to open a hive, and to fence properties with hives or otherwise control access to them.

Practical Takeaways For Any Homeowner In An Association

None of those practices are binding on their own. Whether they apply inside a particular subdivision depends on its deed restrictions and how the association enforces them.

Read your deed restrictions before you add hives, chickens, sheds or garden beds.
Answer every association letter in writing, and ask for a hearing if the notice allows one.
Keep copies of everything, including dates, certified mail receipts and photos.
Consider a talk with neighbors and a barrier fence before a small complaint grows.

Garden disputes with associations have been running hot this fall. In Georgia, an Acworth family’s front-yard vegetable troughs drew $25-a-day fines, and in Tennessee, East Ridge mowed down Chester Perry’s native plant garden after his appeal went astray. The Conroe case was reported by AOL.

Willow and Hearth