Hoa Rules For Bird Feeders In San Antonio
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FAQ
An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
Laws always supersede governing documents IF they conflict and the law applies to your HOA. In California, the Davis-Stirling Act may take precedent over general corporation codes because it's specific to HOAs.
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 ...
In 2024, the California legislature passed an amendment that allowed online elections to be held within HOAs. It recognized that this could open the door to digital vote manipulation within the HOA's management, though, so the state mandated that each HOA election needed to have an independent inspector of elections.
Feeding wildlife is illegal in California. Section 251.1 of the California Fish and Game Code states that feeding a wild animal can be considered animal harassment.
The association's governing documents will often provide a way to submit a complaint directly to 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.
While you can propose rule changes through proper channels, there's no legal way to simply ignore or “get around” the HOA's covenants, conditions, and restrictions (CC&Rs) that you agreed to when purchasing in the community.
Texas law does not automatically give a property owners' association the right to enter a private property to fix a violation of the rules. The power to exercise "self-help remedies" must be granted by the declaration of covenants, conditions, and restrictions.
