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 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.
(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.
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.
The board may, without membership approval, levy a special assessment up to five percent (5%) of the current year's budgeted gross expenses, subject to certain requirements.
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.
HOA board members in Texas can be sued personally if they engage in negligent, willful misconduct, bad faith, fraud, criminal activity or actions beyond their board authority.
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.
Depending on the organizational form of the entity, however, the home or property owners' association may not be required to register with the secretary of state.
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.