Covenants Form For Hoa In Houston
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FAQ
An HOA in Texas may access a resident's home as needed for the upkeep of shared utilities or common spaces. Although the home itself might not require maintenance by the HOA, some areas, such as balconies, may.
To form an HOA in Texas, one initiates the creation of a nonprofit corporation in alignment with the Texas Nonprofit Corporation Act. This act specifies the legal framework for nonprofit entities, including HOAs. The process begins with articles of incorporation, which must be filed with the Texas Secretary of State.
No, the HOA cannot enter your property without permission.
The governing documents should stipulate the conditions under which the property owners' association may access the premises. It's also important to mention here that HOAs must provide the homeowner with written notice at least one to two weeks before entering the property unless there is an emergency.
House Bill 614 guarantees your right to a hearing before the HOA board to contest the violation or the proposed fine. This ensures a fair and transparent process where you can voice your concerns and advocate for your interests.
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Effective January 1, 2024. A property owners' association must adopt an enforcement policy regarding levying of fines. The policy must be made available to the property owners.
Homeowners associations in Texas must be incorporated as nonprofit organizations under the Texas Nonprofit Corporation Act. Meanwhile, inium associations may be organized as for-profit or nonprofit corporations. The association must file the Articles of Incorporation with the Texas Secretary of State.
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. This legislation ensures that if you own a property, your HOA cannot categorically deny you the right to a fence installation.
As a general rule, the statute of limitations on HOA assessments in Texas is currently four years from the date the assessment becomes due.