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.
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.
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.
(D) Quorum. Twenty-five percent of the members represented by person or by proxy shall constitute a quorum at a meeting of the members. If less than 25% of the members are represented at a meeting, a majority of the outstanding members so represented may adjourn the meeting from time to time without further notice.
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.
All communities differ, and larger HOAs may have bigger boards while smaller ones have fewer members. On average, an HOA's board is comprised of three to five members.
Texas law places limits on HOA power, including restrictions on their ability to prohibit certain types of construction like solar panels and rules against unreasonable fines or foreclosure practices. The exact limitations are outlined in state statutes, which are intended to protect homeowners' rights.
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.
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.