Texas Rules and Regulations for a Condominium Association

State:
Multi-State
Control #:
US-1133BG
Format:
Word; 
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Instant download

Description

Rules and regulations are important tools for protecting condominium, townhouse or homeowner's associations. If properly enacted and enforced, they will enhance property values and create a pleasant living environment in the association. If rules and regulations are not adopted and enforced properly, they can create bitter divisions within the association and cost the association money in legal fees. If there is a standard that governs adoption and enforcement of rules and regulations, it is that rules and regulations, and their enforcement, must be fair, reasonable, and equitable. Any deviation from this standard will create legal problems. It must be remembered that when enforcing rules the Association bears the burden of establishing their reasonableness. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Rules and Regulations for a Condominium Association
  • Preview Rules and Regulations for a Condominium Association
  • Preview Rules and Regulations for a Condominium Association
  • Preview Rules and Regulations for a Condominium Association
  • Preview Rules and Regulations for a Condominium Association
  • Preview Rules and Regulations for a Condominium Association
  • Preview Rules and Regulations for a Condominium Association

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FAQ

How to Find the Homeowners Association Associated With Your AddressCC&R Recorded with the County.Find the Name of Your Community.Visit the State's Corporation Commission.Check You Have the Right HOA.Use Paid HOA Locator Services.

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.

Texas Recorded Document Search - Visit the county recorder's office where the property is located to find an association's Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the

Open a Google search window on a computer and type: "the name of the county where the property sits county assessor property search."Thereafter, choose the county assessor's website and search for the property information under the address or name of the owner. One can also search for the community or subdivision.28-Jun-2018

Texas law states that if an association's bylaws do not specify how many people may make up the Board of Directors, there should be at least three people serving, or as many as the initial number of directors listed in the Articles of Incorporation at the time the association was founded.

Regular and special board meetings must be open to all owners, subject to the right of the board to adjourn and reconvene in a closed section. So if you're an owner or the owner's personal representative, you can attend the regular meeting, but if the board goes into a closed session, you're not allowed in.

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.

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

Until 2011, HOAs in Texas also had the power to foreclose on properties without the involvement of a judge, speeding the process considerably and reducing the level of oversight for these legal actions. HOAs can also sue homeowners in court to collect fees and fines and to apply for injunctions against residents.

Non-Judicial Enforcement of Restrictive CovenantsTexas law does not automatically give a property owners' association the right to impose fines or use a self-help remedy. These powers must be granted by the declaration of covenants, conditions, and restrictions.

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Texas Rules and Regulations for a Condominium Association