Duties and powers of an HOA's board, granted under the TPC and the community's declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association's behalf, maintaining of commons areas, and acting on behalf of the association in legal matters ...
Unfortunately, yes, an HOA can fine you for backyard rule violations if the rules are spelled out in the community's governing documents. HOAs often have rules about things like backyard maintenance, fencing, or even how you landscape. If you're breaking those rules, the HOA is within its rights to fine you.
HOAs exert authority over various aspects of homeownership, including the use and appearance of backyard spaces. While homeowners technically own their backyard, they must adhere to HOA backyard rules governing landscaping, hardscaping, and architectural modifications.
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.
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.
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.
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.
The local law supersedes the rules and regulations of the HOA, meaning that HOAs must ensure they are operating under the law.