There's plenty of work that goes into writing bylaws, so let's break down what you need to get writing! Research. Form a committee. Create the structure. Outline your organization's key roles and responsibilities. Establish your meeting rules. Define your membership. Address finances. Outline the amendment process.
Association bylaws are detailed rules and regulations within your organization or association that help with internal operations like your organizational makeup. They also provide guidelines for members and the board to follow. For nonprofit organizations, bylaws are a legal document that must be adhered to.
Typically, an HOA is run by a governing board, elected by the HOA members. While commonly referred to as “HOAs”, Texas law uses the term “property owners' associations.”
Understanding Texas HOA Laws The homeowners association's management of affairs is governed by a board of directors elected by the homeowners. The board is responsible for enforcing the community's restrictive covenants, managing the community's finances, and making decisions on behalf of the community.
There is no Texas state agency that oversees property owners' associations. Talking to the board or checking the association's rules can sometimes resolve misunderstandings and disagreements. The association's governing documents will often provide a way to submit a complaint directly to the association.
Enforcing Community Rules and Regulations In addition, HOAs have the authority to enforce their rules and regulations, such as those pertaining to architectural guidelines, landscaping, and pet restrictions.
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.
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 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.
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.