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.
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.
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.
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.
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.
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.
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.
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.
While HOAs offer a structured and well-maintained environment, they can be restrictive and costly. On the other hand, POAs provide more flexibility and community involvement but may have fewer amenities and a less uniform appearance.
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.