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.
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.
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.
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 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.
For Texas associations, state laws are the only dedicatory instrument that outranks your Covenants, Conditions, and Restrictions (CC&Rs, your association's “Boss Doc”).
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.
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.
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.