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.
File appropriate paperwork with the state: Once you have obtained member approval and settled outstanding debts, you will likely need to file paperwork with the Texas Secretary of State's office to formally dissolve the HOA. This may involve filing articles of dissolution or similar documents.
It shall be unlawful for any person to keep, harbor, possess, maintain or allow to be kept, harbored, possessed, or maintained more than four dogs or four cats or any combination of such animals, with the total number not exceeding four over three months old, upon or within any premises owned, occupied or under the ...
Keep in mind that if a homeowner moves to an area that is governed by a property owners' association, they may not opt out of it. The only way to leave is by selling their house or petitioning to have their residence removed. Only once the petition is granted can they leave 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. Civil lawsuits can generally be filed in district courts as well, but the process tends to be more complex.
Texas law places no limit on how much or how often assessments may increase. Any caps or restrictions will likely be found in the association's governing documents. Articles of incorporation or bylaws often limit the maximum amount that can be charged without approval by the general vote.
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. This legislation ensures that if you own a property, your HOA cannot categorically deny you the right to a fence installation.
Keep in mind that if a homeowner moves to an area that is governed by a property owners' association, they may not opt out of it. The only way to leave is by selling their house or petitioning to have their residence removed. Only once the petition is granted can they leave the association.
The governing documents should stipulate the conditions under which the property owners' association may access the premises. It's also important to mention here that HOAs must provide the homeowner with written notice at least one to two weeks before entering the property unless there is an emergency.
Amending HOA bylaws in Texas typically requires a vote from the membership in ance with the procedures outlined in the bylaws themselves. These procedures often include a specific quorum and majority of votes, and must comply with the Texas Residential Property Owners Protection Act.