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.
The new law will require that homeowners association policies must include general categories of restrictive covenants for which the association may assess fines, a schedule of fines for each category of violation, and information on hearings.
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).
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.
Notably, Texas HOA's with 60 or more lots are legally required to have an HOA Website, ensuring transparency and accessibility for all members. The HOA Website Law in Texas is designed to facilitate better communication and provide a centralized location for important association information.
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.
To form an HOA in Texas, one initiates the creation of a nonprofit corporation in alignment with the Texas Nonprofit Corporation Act. This act specifies the legal framework for nonprofit entities, including HOAs. The process begins with articles of incorporation, which must be filed with the Texas Secretary of State.
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.
Critical Environmental Feature means a feature that is of critical importance to the protection of environmental resources, and includes a cave, point recharge feature, sinkhole, spring, and wetland.
Important HOA Laws in Texas The Texas Property Code has multiple chapters that pertain to HOAs. Chapter 202 addresses aspects of the HOA itself, such as its structure and restrictions. Chapter 209 addresses the governance of the HOA itself as a separate entity.