Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
Eligibility. In general, Texas law does not contain any specific requirements for someone to be eligible to serve on the Board of Directors. A director doesn't even have to be a member of the organization. However, many property owners' associations create their own eligibility requirements in the governing documents.
Depending on the organizational form of the entity, however, the home or property owners' association may not be required to register with the secretary of state.
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.
Certificates are filed in the county where the property is located and electronically in the Homeowners' Association Management Certificate Database. They often include contact information, mailing address, and website where governing documents can be found.
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.
Notably, Texas HOA's with 60 or more lots are legally required to have an HOA Website, ensuring transparency and accessibility for all members. The HOA Website Law in Texas is designed to facilitate better communication and provide a centralized location for important association information.
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.
Duties and powers of an HOA's board, granted under the TPC and the community's declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association's behalf, maintaining of commons areas, and acting on behalf of the association in legal matters ...