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.
"Association" refers to the homeowners' association which is a nonstock, nonprofit corporation registered with the Housing and Land Use Regulatory Board (HLURB), or one previously registered with the Home Insurance Guarantee Corporation (now Home Guaranty Corporation) or the Securities and Exchange Commission (SEC), ...
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.
The power of HOAs. 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.
Can you refuse to join a Homeowner's Association? The short answer is yes. Under the law, all homeowners are qualified to join a HOA, but they are not required or mandated to be members. Membership is optional unless it's stipulated in the Deed of Sale or relevant documents are annotated in the title of the property.
Enforcing Community Rules and Regulations In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions.
In homeowners association cases, the Complaint shall be filed in the RAB which has jurisdiction over the region where the association is registered with the DHSUD. (Rule 2, Section 7, Rules of Procedure of the Human Settlements Adjudication Commission).
— Every association of homeowners shall be required to register with the HLURB. This registration shall serve to grant juridical personality to all such associations that have not previously acquired the same by operation of the General Corporation Law or by any other general law.
REGISTRATION OF HOMEOWNERS' ASSOCIATION As far as practicable, only one (1) homeowners' association shall be established and registered with Housing and Land Use Regulatory Board (HLURB) in each subdivision. It is mandatory for all associations to register solely with the HLURB.
Statutory Basis: RA 9904 (Magna Carta for Homeowners and Homeowners Associations) and its IRR grant HOAs the right to impose and adjust reasonable fees and assessments. Procedure: Increases require: A board resolution. Proper notice to members.