Starting January 1, 2024, the HOA fines associated with things like overgrown landscaping, parking violation, house alterations and more become clearer. "Sometimes it's a matter of lack of communication that happens in some HOAs,” he said. “And the intent of this bill is to make sure that that communication happens."
The new law went into effect on Jan. 1, 2024. HOAs are mandated by law to provide property owners with a catalog outlining prohibited items, a fine timetable, and details on the conduct of hearings. The information must be posted to their website and given annually to residents via delivery, first-class mail, or email.
Finding HOA Information Check the property deed. Search the real property records in the county clerk's office where the subdivision is located. Search the Homeowners' Association Management Certificate Database. Hire a lawyer to help with the search.
Guide for Buying a Home with an HOA Ask to see the governing documents. Research your monthly fees and what they cover. Double-check the HOA's finances. Get to know the community. If you do buy into an HOA, get involved.
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.
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.
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.
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.
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.
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.