Condo Master Deed And Bylaws In Texas
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FAQ
Certificates are filed in the county where the property is located and electronically in the Homeowners' Association Management Certificate Database. They often include contact information, mailing address, and website where governing documents can be found.
The ByLaws is the corporate governance: The bylaws describe among other things, how the common expenses will be shared to maintain the building. Any restrictions on the use of the units and common areas. The bylaws are actually a part of the Master Deed itself.
In some states, such as California, HOA bylaws are considered public record and must be made available upon request.
Generally speaking, the declaration is the document that creates the inium. The bylaws spell out the day-to-day operations of the association. If your association is more than 10 years old and the bylaws have remained unchanged, board members may want to consider making updates.
Bylaws state when the meetings of the association are held. Standing rules tell where and what time association meetings are held, and when executive board meetings are held. Bylaws give the primary responsibilities of officers and chairmen. Standing rules give the specifics.
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 ...
The Texas Uniform inium Act contains a provision which states that unless a declaration provides otherwise, a inium building may be terminated and sold if 100% of the owners agree. It also allows unit owners associations to adopt a rule allowing for a lower threshold of 80% of the votes.
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.
Inium is a Latin word that means "Owning property together." That's what it is like when someone buys a condo unit. They have an "interest" in the land beneath the building, but the building's association owns the actual land.
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.
