Bylaws Of Homeowners Without A Pool In Texas
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FAQ
The absence of an HOA board can result in significant risks, including financial mismanagement, where bills go unpaid and dues are uncollected, leading to financial instability. Residents and city officials can also bring about legal actions against the HOA, resulting in expensive court actions.
A property owners' association or another “representative designated by an owner” may file a lawsuit to enforce a restrictive covenant.
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.
A Texas homeowner must have a minimum 4-foot high barrier around the pool. The barrier itself cannot have any gaps or openings more than 4 inches wide. You cannot have a barrier made of chain-link fencing. Swimming pool codes and regulations also include the need for a pool gate that is self-close or self-latch.
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.
A judge can rule to void the restriction from your deed, or from the common CC&Rs of the association. This is usually very difficult. In most cases, you will have to prove that the HOA does not have the right to enforce the restriction, or that they have not exercised the right.
Because there's no central authority to keep everyone in line, it's up to individual property owners to take matters into their own hands. They can either enforce the restrictions themselves or turn to local authorities.
The new law went into effect on Jan. 1, 2024. HOAs are mandated by law to provide property owners with a catalog outlining prohibited items, a fine timetable, and details on the conduct of hearings. The information must be posted to their website and given annually to residents via delivery, first-class mail, or email.
As a result, the Homeowner's Association Management Certificate Database website is now live and available to the public. The TREC website for HOA management certificates is .
