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.
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.
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.
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.
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.”
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.
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.