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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.
Understanding Texas HOA Laws The homeowners association's management of affairs is governed by a board of directors elected by the homeowners. The board is responsible for enforcing the community's restrictive covenants, managing the community's finances, and making decisions on behalf of the community.
Most HOA documents are public record, including governing documents. Some states only require the HOA to make certain documents public, while others can be kept confidential.
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.
Texas HOA Laws Texas Property Code, Title 11. Chapters 201-215 govern property owners' associations in Texas. Texas Property Code, Chapter 202. This chapter discusses restrictive covenants, their construction, and enforcement. Texas Property Code, Chapter 209. Texas Business Organizations Code, Chapter 22.
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.
Homeowners have the right to challenge the HOA if the HOA is not following its governing documents or the law. However, before filing a lawsuit, homeowners are usually required to participate in dispute resolution through either internal dispute resolution (IDR) or alternative dispute resolution (ADR).
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.