Bylaws Residential Association For Condominiums In Houston
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FAQ
Four types of legal “governing documents” are typically associated with subdivisions such as iniums and planned developments: the Declaration of Covenants, Conditions and Restrictions (or “CC&Rs”), the Bylaws, the Articles of Incorporation, and the Rules.
Generally speaking, the declaration is the document that creates the inium. The bylaws spell out the day-to-day operations of the association. If your association is more than 10 years old and the bylaws have remained unchanged, board members may want to consider making updates.
The Declarations define the use and occupancy rules of the units and common areas. Condo bylaws outline the remedies for breach of these rules.
Bylaws set forth how the condo association will operate including how and when meetings are held, how directors and officers are elected, the powers of the board of directors, insurance requirements, and maintenance responsibilities.
The inium bylaws govern the structure and operation of the association. They contain information regarding board meetings, elections, board terms, voting procedures, and the like. The bylaws are more about the management of the association than the rules that govern it and its members.
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.
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.
Ultimately, one of the main purposes of a condo association is to ensure your safety and convenience, as well as that of the other unit owners and residents in your complex or building. Another objective is maintaining property values so the community continues to be a good investment.
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.
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.
