This By-Laws document for a condominium association contains information concerning: restrictions, the board of directors, and the advisary committee.
Rules For Condo Owners In Houston
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Multi-State
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Houston
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US-00452
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FAQ
Right to Fair Treatment: Homeowners are entitled to equitable enforcement of rules, CC&Rs, and bylaws. This right ensures that all residents are treated fairly and without discrimination by the HOA board.
It typically happens once a certain percentage of homes in the community have been sold, usually around 75%. During this period, responsibility for the governance, finances, and operations of the community shifts from the developer-appointed board to a homeowner-elected board.
Starting January 1, 2024, the HOA fines associated with things like overgrown landscaping, parking violation, house alterations and more become clearer. "Sometimes it's a matter of lack of communication that happens in some HOAs,” he said. “And the intent of this bill is to make sure that that communication happens."
The association is responsible for the maintenance and replacement of all general common elements, and in the case of condos, there are many. General common elements, which are used by every unit owner, include sidewalks, elevators, roofs, lobbies and common hallways, and community amenities like pools.
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.
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.
The association's governing documents will often provide a way to submit a complaint directly to the association. 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.
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.
Other rules apply to the use of the facilities and the adherence to certain architectural guidelines. Anyone who doesn't comply with these laws may be subject to fines, but the HOA can't evict them. These fines, along with unpaid HOA fees, can lead to the removal of non-compliant homeowners from a community.