Texas Code of Ethics, Duty of Care of Board of Directors of Homeowners' Association
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Creating a Code of Ethics for HOA Board MembersCommit Yourself to the HOA.Follow Your Governing Documents and Applicable Laws.Disclose and Avoid Conflicts of Interest.Practice Confidentiality.Never Discriminate.Exhibit Professional Behavior.Always Work Within the HOA's Structure.More items...?23 Sept 2020
Preserve All Board E-mail Just as e-mail sent at your job isn't private, nor is e-mail private when you're communicating with other board members or owners in your capacity as a board member.
Duties and powers of an HOA's board, granted under the TPC and the community's declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association's behalf, maintaining of commons areas, and acting on behalf of the association in legal matters
Texas's Fair Housing Act, Tex. Prop. Code §15.301, et. seq., provides state-level protections similar to the FHA and is administered by the Texas Workforce Commission.
Duty of loyalty requires HOA board members to act in good faith to promote the best interests of the entire association. HOA board fiduciary responsibility prevents board members from making decisions to further their personal interests. Board members must also avoid an HOA board of directors conflict of interest.
If your HOA is unresponsive to written communication, the first thing you want to do is take every action to contact the directors by phone. If you get no answers, find out if they are holding a meeting and attend it. If they still don't address your concern, you might need to seek legal advice.
Unhappy homeowners can sue the HOA and the board members individually for any number of reasons; for example, if the HOA fails to properly maintain a common area, or discriminates when enforcing a rule.
Here are six ways to effectively fight with your homeowners, co-op or condo association:Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase.Respond in writing.Don't argue the rule.Know the penalties.
If the HOA breaches a rule or regulation of the governing documents, homeowners may have grounds for a lawsuit and whether a contract has been breached is a question of law for the court.