The association's governing documents will often provide a way to submit a complaint directly to the association. If a property owners' association violates a provision of the Texas Residential Property Owners Protection Act, the property owner may sue the association in a Justice of the Peace court.
Petitioner invokes the amendment of the Tax Reform for Acceleration and Inclusion (TRAIN) Law, which expressly provides that "association dues, membership fees, and other assessments and charges collected by homeowners associations and inium corporations" are Value-Added Tax exempt.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD.
SECTION 37. Association officers - Unless otherwise provided in the by-laws, an Association should have the following executive officers who shall be responsible for the management of the Association's business: president, vice-president, secretary, treasurer and auditor.
Texas law places limits on HOA power, including restrictions on their ability to prohibit certain types of construction like solar panels and rules against unreasonable fines or foreclosure practices. The exact limitations are outlined in state statutes, which are intended to protect homeowners' rights.
The power of HOAs. An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
Enforcing Community Rules and Regulations In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions.
Can you refuse to join a Homeowner's Association? The short answer is yes. Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members. Membership is optional unless it's stipulated in the Deed of Sale or relevant documents are annotated in the title of the property.
— Homeowners' associations shall complement, support and strengthen LGUs in providing vital services to their members and help implement local government policies, programs, ordinances, and rules.