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.
House Bill 614 is a significant step towards a more balanced and equitable relationship between HOAs and homeowners in Texas. By clearly outlining fining procedures and ensuring your right to due process, this HOA law empowers you to navigate your HOA community with confidence.
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.
In 2021, the Texas Senate passed Bill 1588, which placed restrictions on HOA authority over fencing. This legislation ensures that if you own a property, your HOA cannot categorically deny you the right to a fence installation.
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.
Effective January 1, 2024. A property owners' association must adopt an enforcement policy regarding levying of fines. The policy must be made available to the property owners.
For Texas associations, state laws are the only dedicatory instrument that outranks your Covenants, Conditions, and Restrictions (CC&Rs, your association's “Boss Doc”).
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.
The Texas Uniform inium Act contains a provision which states that unless a declaration provides otherwise, a inium building may be terminated and sold if 100% of the owners agree. It also allows unit owners associations to adopt a rule allowing for a lower threshold of 80% of the votes.