These new HOA laws are a positive step for community association management in Texas. They provide more transparency and fairness in how HOAs assess fines and make it more difficult for HOAs to foreclose on homeowners for unpaid dues.
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
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.
There is no Texas state agency that oversees property owners' associations. Talking to the board or checking the association's rules can sometimes resolve misunderstandings and disagreements. The association's governing documents will often provide a way to submit a complaint directly to the association.
Board of Directors and Officers The Board of Directors is the cornerstone of an HOA's governance structure. They hold the responsibility for overseeing the association's affairs in ance with Texas law and the association's own governing documents.
The secretary of state does not maintain the bylaws or tax exempt filings of any nonprofit organization. Some organizations that have obtained tax-exempt status from the Internal Revenue Service are required to make certain documents available to the public.
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.
HOA Rights in Texas The Collection of Fees Known as "Assessments" or "Dues" ... Enforcing Community Rules and Regulations. Access to Common Areas and Shared Facilities. The Right to Create Bylaws. Host Meetings. Property Owners' Associations Must Be Transparent. Fair and Consistent Enforcement of Rules and Regulations.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.