This By-Laws document for a condominium association contains information concerning: restrictions, the board of directors, and the advisary committee.
Condominium Bylaws Condo Association For Negligence In Houston
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State:
Multi-State
City:
Houston
Control #:
US-00452
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FAQ
Many states have laws that protect board members from personal liability, but only to a certain extent. For example, California's Civil Code Section 1365.7 states that volunteer association board members aren't personally liable for damages beyond what the HOA's insurance covers.
Section 82.111 - Insurance (a) Beginning not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) property insurance on the insurable common elements insuring against all risks of direct physical loss commonly ...
Homeowners association lawsuits happen frequently. Sometimes, the HOA is wrong, and the homeowner has grounds to sue. Other times, the HOA is doing its job, and the homeowner has decided to file a lawsuit to get what they want. Association boards should be prepared for any circumstance.
To prove negligence in the context of HOA liability, homeowner must prove that a legal duty exists, the association breached it, and there were damages resulting from the breach. In most formation documents, the HOA is required to properly maintain common areas, giving rise to a legal duty.
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.
Texas House Bill 614: Balances power between HOAs and homeowners. To help address the problem of homeowners not being aware, or unclear about HOA rules, how they may have broken them, and what the financial penalties are, Texas passed house bill 614, in January 2024.
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.
The maximum special assessment that a HOA in Texas can impose is five percent of the current year's budgeted gross expenses, though a community vote may be required to approve this. However, the vote must be approved by a majority of the members in the community.
Section 82.111 - Insurance (a) Beginning not later than the time of the first conveyance of a unit to a person other than a declarant, the association shall maintain, to the extent reasonably available: (1) property insurance on the insurable common elements insuring against all risks of direct physical loss commonly ...
If a property owners' association violates a provision of the Texas Residential Property Owners Protection Act, the property owner may sue the association in a Justice of the Peace court. Civil lawsuits can generally be filed in district courts as well, but the process tends to be more complex.