This By-Laws document contains the following information: the name and location of the corporation, the shareholders, and the duties of the officers.
Bylaws Of Homeowners Without A Mortgage In Harris
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State:
Multi-State
County:
Harris
Control #:
US-00444
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Word;
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FAQ
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.
A property owners' association may have the right to a lien on a property. 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.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
Choose a Non-HOA Community: The most straightforward way to avoid HOA fees is to buy a home in a neighborhood that does not have an HOA. Negotiate with the HOA: If you already live in an HOA community, you could try negotiating with the board to reduce your fees or request exemptions based on your circumstances.
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.
Texas law does not automatically grant associations the power to create assessment liens. This authority must be specifically stated in the association's governing documents. The documents should also state what kinds of debts a lien may secure: overdue assessments, fines, interest, attorneys' fees, etc.
In Texas, the statute of limitations for breach of contract is four years, as stipulated by Chapter 16 of the Texas Civil Practice and Remedies Code. This means an HOA generally has four years from the date an assessment becomes due to initiate legal action to collect the outstanding amount.
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.
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.