Condominium Bylaws Condo With Hoa In Texas
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The Texas Uniform inium Act governs inium associations created after January 1, 1994. A inium may be formed by recording a declaration executed in the same manner as a deed by each person who has an interest in the real property that will be conveyed to unit owners.
Each officer or member of the board is liable as a fiduciary of the unit owners for the officer's or member's acts or omissions. All acts of the association must be by and through the board unless otherwise provided by the declaration or bylaws or by law.
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.
If the tenant moved out and the security deposit or itemized list of deductions is not mailed to them within 30 days of moving out, they can sue. Section 92.109 allows the tenant to sue the landlord to recover “three times the portion of the deposit wrongfully withheld” plus other fees.
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.
82.059. PLATS AND PLANS. (a) Plats and plans are a part of the declaration and may be recorded as a part of the declaration or separately. Each plat or plan must be legible and contain a certification that the plat or plan contains all information required by this section.
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.
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.
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.
