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.
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.
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.”
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.
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.
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.
Enforcing Community Rules and Regulations In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions.
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.