Bylaws For Homeowners Association In Bexar
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FAQ
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.
Texas law places no limit on how much or how often assessments may increase. Any caps or restrictions will likely be found in the association's governing documents. Articles of incorporation or bylaws often limit the maximum amount that can be charged without approval by the general vote.
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.
Disclosure Requirements Disclosure is mandated by law, often through public records and real property records. Before purchasing a home, buyers must receive a set of documents detailing the HOA's health, such as its covenants, conditions, restrictions, bylaws, rules, and financial statements.
HOA bylaws are legal documents that revolve around operational issues, mainly pertaining to the board of directors. They're the specific rules that explain how an HOA runs on a daily basis. Within the bylaws, you'll find information about: Board member election processes.
Association bylaws are detailed rules and regulations within your organization or association that help with internal operations like your organizational makeup. They also provide guidelines for members and the board to follow. For nonprofit organizations, bylaws are a legal document that must be adhered to.
Texas House Bill 614: Balances power between HOAs and homeowners. To help address the problem of homeowners not being aware, or unclear about HOA rules, how they may have broken them, and what the financial penalties are, Texas passed house bill 614, in January 2024.
HOA board members in Texas can be sued personally if they engage in negligent, willful misconduct, bad faith, fraud, criminal activity or actions beyond their board authority.
The main difference is that covenants dictate property-related restrictions, while bylaws govern how the HOA operates — things like board elections, meeting procedures, and voting rights. Because covenants are recorded with the property deed and tied to real estate law, they generally hold more weight.
