In some cases, an HOA can foreclose on property when the owner has fallen behind on paying fees. The law and the association's governing documents will set out the proper procedure. This includes any required notices to the owner.
Unfortunately, yes, an HOA can fine you for backyard rule violations if the rules are spelled out in the community's governing documents. HOAs often have rules about things like backyard maintenance, fencing, or even how you landscape. If you're breaking those rules, the HOA is within its rights to fine you.
House Bill 614 is a significant step towards a more balanced and equitable relationship between HOAs and homeowners in Texas. By clearly outlining fining procedures and ensuring your right to due process, this HOA law empowers you to navigate your HOA community with confidence.
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.
HOAs exert authority over various aspects of homeownership, including the use and appearance of backyard spaces. While homeowners technically own their backyard, they must adhere to HOA backyard rules governing landscaping, hardscaping, and architectural modifications.
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.
The association's governing documents will often provide a way to submit a complaint directly to the association. If a property owners' association violates a provision of the Texas Residential Property Owners Protection Act, the property owner may sue the association in a Justice of the Peace court.
Texas law places limits on HOA power, including restrictions on their ability to prohibit certain types of construction like solar panels and rules against unreasonable fines or foreclosure practices. The exact limitations are outlined in state statutes, which are intended to protect homeowners' rights.
To battle a strong HOA organization it takes an experienced real estate lawyer and if you have been a victim of HOA oppression seek an experienced lawyer immediately.