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.
Since HOA meeting requirements, as stipulated in most governing documents, only allow members whose names appear on the title, that typically means spouses, tenants, and attorneys of members can't attend. Of course, not all associations impose this provision strictly.
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.
Texas has no general restrictions on HOA rentals in both inium and homeowners associations. Therefore, if an HOA wants to ban rentals, they must include it in the governing documents — specifically, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs).
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.
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.
If you're dealing with a voluntary HOA, you may have the option not to join the HOA, but you could still be prone to certain rules and restrictions that are included in your property deed or local ordinances. Be sure to ask your realtor about these options.
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.