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.
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 board members in Texas can be sued personally if they engage in negligent, willful misconduct, bad faith, fraud, criminal activity or actions beyond their board authority.
6 Steps to Amend HOA Bylaws and Covenants Amendment Proposal. The first step consists of a proposal describing the changes to the bylaw or covenant. Discussion Meeting. The board will then discuss the proposed amendment at a board meeting. Give it a Vote. Count the Votes. Amendment Approval. Recording and Effectivity.
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.
Homeowners associations in Texas must be incorporated as nonprofit organizations under the Texas Nonprofit Corporation Act. Meanwhile, inium associations may be organized as for-profit or nonprofit corporations. The association must file the Articles of Incorporation with the Texas Secretary of State.
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.
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.
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.