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).
In Texas, all homeowners' associations are governed by the Texas Residential Property Owners Protection Act. This document lists out all the rules and regulations that all HOAs must follow. inium associations are governed by a separate law called the Uniform inium Act.
Board of Directors and Officers The Board of Directors is the cornerstone of an HOA's governance structure. They hold the responsibility for overseeing the association's affairs in ance with Texas law and the association's own governing documents.
There is no Texas state agency that oversees property owners' associations. Talking to the board or checking the association's rules can sometimes resolve misunderstandings and disagreements. The association's governing documents will often provide a way to submit a complaint directly to the association.
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.
Certificates are filed in the county where the property is located and electronically in the Homeowners' Association Management Certificate Database. They often include contact information, mailing address, and website where governing documents can be found.
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.
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.