Typically, an HOA is run by a governing board, elected by the HOA members. While commonly referred to as “HOAs”, Texas law uses the term “property owners' associations.”
Contact the Texas Attorney General's Office: If you believe the HOA has violated state laws or regulations, you can contact the Texas Attorney General's Office to file a complaint. The Attorney General's Office may investigate the matter and take appropriate action if necessary.
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.
Understanding Texas HOA Laws The homeowners association's management of affairs is governed by a board of directors elected by the homeowners. The board is responsible for enforcing the community's restrictive covenants, managing the community's finances, and making decisions on behalf of the community.
There must be at least three people on the Board of Directors. If an association's governing documents do not state how many people must serve on the Board of Directors, Texas law says that the number will be equal to the initial number of directors listed in the Articles of Incorporation.
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.
HOA board members in Texas can be sued personally if they engage in negligent, willful misconduct, bad faith, fraud, criminal activity or actions beyond their board authority.
Depending on the organizational form of the entity, however, the home or property owners' association may not be required to register with the secretary of state.
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.