Most HOA documents are public record, including governing documents. Some states only require the HOA to make certain documents public, while others can be kept confidential.
Although the developer of a new neighborhood may incorporate an association and subject all of the lots to mandatory membership before the lots are sold, you will need to obtain the homeowners' consent if title to their property was not subject to a mandatory association when they acquired their homes.
Common issues that condo rules might address Common areas. There will always be a set of rules to determine the use and maintenance of common areas. Noise and nuisances. Garbage disposal. Recreational areas. Vandalism. Operating and parking vehicles. Architectural maintenance.
HOA rental restrictions on condos If renting out your condo is allowed, make sure you comply with all HOA rental restrictions. These restrictions can include a rental cap and limitations on the length of the lease. Lease restrictions may place a minimum lease period to avoid vacation rentals and a high turnover rate.
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.
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.
HOA Rights in Texas The Collection of Fees Known as "Assessments" or "Dues" ... Enforcing Community Rules and Regulations. Access to Common Areas and Shared Facilities. The Right to Create Bylaws. Host Meetings. Property Owners' Associations Must Be Transparent. Fair and Consistent Enforcement of Rules and Regulations.
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.
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.