Complaints and Concerns
If you have a complaint or concern, submit it as a comment below. If it is brief, and written using a reasonable tone and family friendly language then it will likely be approved so others can see it on the site. The editors reserve the right to deny approval for any reason, and even edit any complaint for taste, brevity, or other reason. Over time, groups of complaints may be categorized and tallied for review and submission to our elected leaders.
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***Disclaimer – Everyone’s situation is different. This is not intended to be legal advice. Please consult an attorney.***
For the past three years I have been dealing with a neighbor who has a lot of clutter outside of her condo. I have addressed this to the management of our community. It is written in our covenant that we have to keep the outside of our condos clean and clutter free. I pay an HOA fee every month and it is the Home Owners Associatio to make sure that rules are followed. They refuse to make her clean up.
I live in a small gated community in Spring TX. There are only 57 homes – 4 streets, 2 streets have homes on both sides and 2 have homes only on one side.
My street has an open field across from the homes. The CCR’s say street parking is not permitted, residents must use their garage and/or driveway. The CCR’s also state the board can change the parking rules if there are unusual circumstances and undue hardship.
Many of the resident owners and renters have more vehicles (many are large trucks) than can fit at their homes so they park on my street in front of the open field and across from the homes creating a difficult situation for backing out of driveways and leaving no available parking for visitors.
The board says it’s okay for this situation to take place since there is undue hardship to those vehicle owners. I believe this might be called “selective enforcement”. The board has not officially made any changes to the CCR’s but put a notice in our neighborhood newsletter saying extra vehicles can park on my street but not any other.
I believe residents having more vehicles than can fit at their home is not an “undue hardship” or unusual circumstance but a choice. How can the board decide that I have less rights and protections granted by the CCR’s than people living on the other streets.
The board refuses to enforce the deed restrictions as written.
Is there anything that can be done? I can not afford to hire an attorney nor do I want to.
In our CC&R’s it states that if the “Builder” is fined too many times they are no longer able to build in the community. (Paraphrasing).
The “Builder” is the HOA board as well as the Investor for the Community. The Builder does not follow building protocol by TCEQ or EPA standards or their own regulations through CC&R. The problem is they are NOT going to fine themselves or no longer build. Who can take action against them?
What I don’t understanmd is why the laws are not written fairly for Homeowners who pay for everything. This opens the door to all kinds of manipulation, corruption and Fraud.
Good LAWS can be written….
We need ethical, fair, truthful, righteous, transparent LAW’s without loopholes for manipulation, corruption and fraud.
Homeowners need Laws to protect them from HOA Boards and Management companies not giving answers to questions, not providing truthful proof of spent money, even when it has been requested multiple times in writing, as well as at HOA Board meetings.
All HOA Board members and the Property management companies should have to show proof to Homeowners within 24 – 48 hrs of requests in how their money is being spent. It should be a LAW for full discloser of all documents to Homeowners, Meeting minutes signed by Board members and management companies, All budgets signed, All financial Accounting documents per month and year ends, All Audits sighned by CPA, Board and Property management companies, Proof of bank accounts and reserve accounts, sweep accounts, All accounts, All Tax Documents, All Contracts / bids and negociated terms with signatures from Board and Property management companies, receipts and every document should be in PDF form in a secure site (that belongs to all homeowners NOT to Property management companies) for all homeowners to see, download, copy etc for all years of reference / history.
Without proper proof, full truthful disclosure and transparency of all documents, Board members and management companies can under / overstate yearly budgets, add fraudulent line items / amounts, to raise HOA Dues, under/overstate project amounts that Homeowners don’t even know about, or what they have paid for, or if it even actually got done.
It’s time to do the right thing!!
Completely agree with you. Please contact your state representatives and ask them to make changes in the laws so that these laws are fair to homeowners
My HOA is run my Goodwin & Company and it has not been handed over to the residents of our development. Goodwin & Company is charging unnecessary fees. They charge a fee to review an ARC for a project approval. I submitted a project approval 10/07/2022. Followed up with them several times and nothing. Told them I needed to purchase the items soon because they were providing a special. I didn’t hear back from them until the beginning of December 2022 requesting more information (CC&Rs state they have 30 days to approve/deny). I provided the additional information and did not hear back from them. Followed up again and nothing. I proceeded with my projects because the city approved it. After my shed and patio screening was installed in January 2023, I received an approval shortly after. They charged me a fee to review my request. I think this is ridiculous and I should not be charged when they didn’t even review the project timely. The other item is when paying my annual fee online with a credit card, the company did not disclose that they were charging a convenience fee. In addition to my annual dues, they added the project fee and convenience fee. We already pay enough in HOA dues, are they allowed to charge all these additional fees? I think the company is taking advantage of the residence in our community and not providing the responsibilities of overseeing the HOA. What recourse do homeowners have?
STATE LAW ISSUE: My property owners association was forfeited for periodic report non filing. It stayed that way for 17 years, collecting fees, making changes, and acting like nothing was wrong, although, I have been told by previous Board members that they knew it was inactive. Here is my issue. In the TX BOC (business organization code), if a ‘domestic entity’ has been forfeited based on the Tax Code, they only have 3 years to reinstate and the name must be available. (https://statutes.capitol.texas.gov/Docs/BO/htm/BO.11.htm#11.202) But, in the case of my POA, that was in forfeiture for 17 years and the name was not available, the state actually allowed it to be reinstated, WITH the change of name. It is a non-profit (SOS allows that) and in that code, it mentions the 11.202 above for reinstatement, which has the 3 year limit. But, in the non-profit code, it does not mention even the 3 year limit, and even allows the name to be changed, in one section of that BOC (https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm#22.365) and in the ‘winding up’ section of that non-profit BOC, it does not allow it (https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm#22.164). I think that this is a real conflict of law and needs to be addressed. It seems that if the corporation ‘winds up’ it cannot be revived after 3 years, but if it is involuntarily forfeited, there is not limit to the amount of years needed to be revived. In my case, and several other POA’s in my county, these POA’s are allow to conduct business, collect dues, change deed restrictions while they are in forfeiture (which seems illegal to me) and with the wave of a wand, allowed to reinstate (revive) the corporation at any time, even changing the corporation name, and be allowed to keep going with no ramifications. For me, the forfeited company should have the same 3 year limit to reinstate (revive). Tell me which legislative leader would be most inclined to address this situation.
My HOA refuses to make my neighbor his gutters, fence, driveway has crumbled and his backyard looks like a jungle. For over 10 years are more and my HOA can only say can’t tell me anything.
What percentage homeowner vote is required to change HOA By-Laws? Does it have to be a majority vote? (by- laws , not CC&Rs) What is the difference of enforcement scope for by-laws vs CC&Rs?
In your governing documents there should be a section on what is the quorum requirement to change the bylaws.
Our HOA will not provide Bank Statements of how our HOA fees are being used and for what.We have verbally asked several times.
If your HOA falls under the Texas Property Code, there are requirements that such documents are requested in writing not verbally. Please read Texas Property Code 209.005 and see if it applies to you https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
We have not had any communication from this HOA about anything except for when they are notifying us about “special assessment dues” where they are looking for a surplus of money for particular “repairs” or “increases” in things like liability insurance.
We have been out of a pool for two years and rarely do any landscaping.
There is no one to contact on the board. I have been trying to contact them for months.
There is a new tool available to search for HOA information. https://www.hoa.texas.gov/ You can type in your HOA information and it will bring up the management certificate. It should provide you contact information for your association
Who do I contact regarding significant hallway ceiling and wall mold now growing for the past 2 and 1/2 weeks outside my condo from burst water sprinkler pipe? My condo was flooded and it is dried out now waiting on a general contractor.
We suggest starting with the condo management company to determine the timeline for repairs.
Is there a law stating a max amount that an HOA can charge individual homeowners over a given year – between Annual Assessments and/or Specific Assessments?
A portion of our community (along a lake with a failing bulkhead) are being charged a Specific Assessment ($3,500 due Feb 8) shortly after our already high Annual Assessments ($3,375 was due Jan 1). This is to cover the fiscal shortfall the HOA created when they awarded work to a contractor without sufficient funding in our reserves to pay for it. They also did not obtain multiple bids for the project, or haven’t shared them if they did.
Does anyone know of any legal standing we have here? Or have any lawyer recommendations – to use and/or stay away from?
Unfortunately there may not be a lot that you can do. If your governing documents allow your Association to create a Special Assessment without any limits then your HOA can charge both regular and special assessments. See if your governing documents allow for special assessments and what the requirements maybe. Since we are not attorneys, we cannot offer you any legal advice.
I Currently live in Livingston Texas in a fairly rural subdivision and they currently have this so called POA that doesnt do anything in which they are suppose to. They do not maintain the roads in the neighborhood in which they there are in horrid conditions and they also tear up the fire department trucks as well. Not to mention the fact that due to them not unkeeping the roads it also delays calls as well in the events of emergencys
The house next door to my home is now a rental. Currently 14 un related people live there. The HoA covenant states that our homes are single family residences with no more than one unrelated person living there. The HoA says they are unable to do anything. Any suggestions?
Hello I am trying to get some information on how to remove board members, mainly our president and her daughter who is also a member from our POA. They have been stealing hundreds of thousands of dollars from our association and are now raising our fees due to “inflation” They have made no repairs to our community and we are tired of it and in desperate need of some help. They threaten and bully anyone who brings up an issue, no longer hold meetings and haven’t in years actually. When meetings were held if you spoke up or made even a comment they would have you escorted out by a police officer. Most people in this community are barely making it now. If a request is made to see any bookkeeping records, we are only allowed 30 minutes and taking pictures, making copies or taking notes is strictly forbidden and the same police officer is there to enforce this. We were supposed to have an election 3 years ago but she said we won’t be having one, then Covid came and she used that excuse. We finally did have an election and she went door-to-door threatening that if they don’t sign the paperwork she will report them to ice. Most of the people that live here did not even know what they were signing and she ended up winning by 80% proxy vote. It’s written on our bylaws that proxy voting is not allowed. No upgrades repairs have been made, with the exception of security cameras that she listed as a security expense 3 months in a row at $20,000 each time. We have met with city council, I’ve tried to contact an attorney every time we tried to get assistance it is a dead end. I don’t know how to go about having her removed and just need some assistance. Thank you
You will need to check your governing documents to determine if removal of a board member is possible and what the process is
Question. I live in subdivision of 205 lots. For the past seven years our board holds elections for board members where, the only people allowed to vote in the elections are those that can make the annual membership meeting in person. The board does not notify the association members who is on the slate of candidates, you have to be there in person to learn the names. The board screens anyone that seeks to be on the slate of candidates, you have to provide them your qualifications, and if they deem you to not be in good standing you are forbidden from being on the slate of candidates. The only time you can apply to be in the board is in January, but the board elections are in October. The same individuals have been on the board since 2013. By the board’s actions have they invalidated themselves from being on the board?
If your association falls under the Texas Property Code 209, section 209.0056 and other similar sections may be of interest to you https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
My Hoa has a person that belittled and harassed me via email today but also in the past. My neighbors were using a huge smoker with cedar counts high today and had it propped up against our homes to the point my garage and house was filled with black and white smoke. I called the fire dept as we are in a burn ban but nobody cares and these neighbors are loud and retaliate by doing worse things weekly. It’s ongoing. They know they can do whatever they want because we don’t even have a police force and they don’t care. My ring cameras go off 30-50 times an hour from 6 am to 6 pm daily and my HOA person calls me names via email and has never helped us once since 2017 with all the things these neighbors that are dangerous do and get away with every day. Yet if my grass is long I get a message but they can operate a daycare, leave trash all over to the point of rats moving here, and there are so many other unsafe issues. Nobody else on this road acts like this. I am fed up. I have tried to move but we cannot just yet. I have tried talking to them and they reiterate that they will do whatever they want. We work off hours and nights so they let the 10 kids there scream all day and don’t watch them all. It’s a nightmare and they knew if they moved out here to Jarrell that they would be ignored I just don’t feel this is safe or fair and I am not treated equally. Our HOA tells people via newsletter to buy devices to shut up the dogs barking which is cruel and violent and if people here weren’t packed in like sardines and having 30 -50 people living in one house the dogs wouldn’t bark in the first place not like this.
I am a homestead co-owner. I got non-judicial foreclosure. It only took 27 days. Below is the foreclosure timeline.
1. June 8: property manager, without written authorization from my COA, designated trustees to execute the foreclosure.
2. June 10: received Notice of Lien Foreclosure Sale from the trustees. The foreclosure was filled and posted at county clerk.
3. June 27: the June 8 document of Appointment of Trustees was notarized.
4. July 5: my appointment was sold.
It’s puzzling. My COA hired a new management company to manage our community on June 1. The property manager, our former management company employee, still claims that she’s property manager of our community and as representative of our community, designated trustees to foreclose my unit. This foreclosure is too quickly, out of the ordinary. The trustee disregarded the relevant legal requirements in order to catch up with the July 5 foreclosure auction. Otherwise, they will have to wait for next auction on August 2. It’s stealing.
I would like get some suggestions. Thank you.
An Expedited Foreclosure can be done within 23 days if you don’t respond once served. I am currently working with two residents of an HOA in which I am the former President who both have expedited foreclosures served on them.
Both of them wrote a letter to the court issuing a general denial dropping it off with the court clerk and since they beat the 23 day deadline, one case is set for trial not until September 2023. And the other has not been set for trial yet, but the general denial letter stopped the foreclosure process.
DISCLAIMER: I am not an Attorney and only relaying personal experience based upon me being both Treasurer and a President of an HOA and currently what two of my friends did and are going through.
Thank you for your comment on my case. I had no foreclosure experience in the past. If now, I would adopt this method to stop the foreclosure process.
I’m being charged fines that other neighbors aren’t being fined for the same violation. Plus they’re also charging me legal fees of $2,700 when all they’ve done is sent me emails. I asked about a payment plan and he told me the Board would only consider lump payment. Then after telling me they would take a payment plan. I sent the HOA what was owed of fees only. Then telling me they were hired for collections telling me they could possibly get the fines and interest waived. Duh that’s what I didn’t pay because other neighbors weren’t being fined for the same things. Then that they were also hired for none payment of assessments and when I looked at the bill there aren’t any assessment charges. The legal fees are more than what’s owed when we haven’t stepped foot in court. Emails take minutes to write not hours.
There are several newer laws around these types of fees, effective late 2021, that you should take a look at and see if they are violating them. These links will give you a starting point:
https://www.fsresidential.com/texas/news-events/articles/13-ways-sb-1588-affects-your-texas-hoa/
https://legiscan.com/TX/text/SB1588/id/2408353
Check TX Property Code Sec 209.006(d) which REQUIRES Homeowners Associations to develop payment plan policies that allows alternative payment plans. I know this becasue our HOA board just recently adopted such a plan that meets the Sec 209 requirement.
The challenge of HOA regulation through the Trxas Property Code is that enforcement is only through litigation. A suit is district Court can cost tens of thousands of dollars with little chance for reimbursement. The option of JP courts is that they have limited legal experience with more complicated matters of compliance with legislated issues. Texas needs some other remedy such as a court of mediation so that residents have some redress to abusive HOA management.
Texas needs an Agency dedicated to HOA enforcement not the Texas Workforce Commission.
Before you can get to a District Court tens of thousands of dollars are generally wasted in the required and corrupt Arbitration process. The judge I had apparently (lawyer conversation) encourages large lawyer expenditures at the arbitration level to discourage appeals. I had a really good case but arbitration cost me over $60,000 so the bad guys won by default. Just legalized corruption killing property owner’s rights.
My JP Judge has helped me multiple times with legal information that kept me from having to go to court. But, he has been around a long time, so that could be why I have had good experiences.
What was the issue the JP helped with?
Is your JP judge in Houston, Texas, by chance?
Arbitrary enforcement of ‘rules’ with zero recourse available to concerned owner. Experienced blatant contempt and disparagement from board members.
Why does the HOA raise their rates for absolutely no reason without giving an explanation? Then we are told we are not allowed to complain. What’s to stop them from charging $10,000 next year? This “just deal with it” attitude is very unprofessional and concerning at the same time. Something to think about.
Im a home owner. I have problem last 6 months I need help to get some HOA . I’m requesting patio . I have patio before from previous owner last 10 years I was trying to changing my patio roof Last 6 months they Were very unprofessional and unfair.my house is leaking…i need help. My HOA have no patio rule on there CCR guidelines. They are still fighting. New board member is bad my neighbor sadly. I’m going through tough time. I can’t afford any lawyer.
Thank you for contacting the HOA Reform Coalition of Texas. Pease go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Check you architectural control guidelines and see if there is a time frame that is to be followed. In my HOA if you don’t get an answer in 30 it is automatically approved and for roofs, if it is the same or better than what you have you don’t need approval to change it out.
Since 2014 our hoa has had a road remediation agreement. If you build or remodel, ( same form) you must sign this agreement, which will cover damage to the road ( pvt roads). And charge a fee to build..i.e example (2010 .50 cents a sg ft. 2020 upped to $1.00 per sq foot.
We have 3 board members, one built in 2021 and one in 2022. ( New homes).
This road remediation agreement is two fold major projects and minor projects. All 3 board members also complete minor projects ( 2 board members in 2021 and 1 board member in 2020. The board member who did not build a new home, made a motion to return money, void the updated road remediation agreement and go back to the smaller amount. To look like there was no conflict or unethical issues. For the year 2021 one board member recused himself and the other 2 board members voted for it. Then for the year 2020. 2 board members voted for it and the mone that built that year recused himself. Duh…both passed, thus both board members ( and 8 other new builds) had money returned.
Not fair and equitable because the board members claim since 2 board members completed small projects the same year 2021, they could not vote because they could not obtain a quarm.
Under texas state legislation ethics, this is unethical because if you have any part of benifitking from a motion you shall ( doesnt say should not, it says shall not) bote on that motion.
Under texas business code 22, it appears you can vote as they did but one prong of the motion is that it must be fair and equitable to all. That prong was not met because the homeowners who completed the minor projects were not reimbursed. This could even go as far as the board purposely did everything this way because of race, creed, religion or national origin. One of the 7 families that completed a minor project is African American. Did the board exclude all minor projects because that one family race? I believe not but could it be construde? If you cant be fair and equitable to all, no one is returned the funds! Espically the board.
Our HOA run by Goodwin has failed to keep up the entrance to our subdivision. They had a company they were using but they left. It’s been 6 to 8 months or a little weed pulling (some done by the homeowners themselves) but nothing else. Just dead bushes and weeds. I pay on time no late fees. What can be done? I’ve gone to the BBB but Goodwin keeps saying it’s our job to get it done.
Unfortunately, there isn’t much that you can do except run for the Board and put yourself in a position where the management company needs to take direction from you.
We have a full time Management company employee for our HOA that has 1247 homes. When selling a home the Management company charges nearly $1000 in fees to transfer membership to the new owner. There is an Inspection Fee for $150 that, apparently, is to view the homes compliance prior to new owners.
The issue is that the full time person we already pay for was the one who did the inspection. The management company is double dipping here collecting fees and using our full time representative to do so.
I understand how these fees can be acceptable for a non-full time representative but to charge homeowners in the HOA that fee is unethical and bad business practices.
Unfortunately our HOA board is only out to protect their own popularity and interests and will do nothing about the Management company.
Can an HOA regulate what a Management company charges?
What are complaint and legal issues a homeowner can do against the Management company?
BBB complaint?
The Coalition agrees with you completely. These transfer fees need to stop. A few years ago transfer fees were stopped for other real estate sales and not POAs. We strongly encourage you to contact your representatives and let them know about the fleecing of new homeowners when they purchase a home in a POA.
Every time I call the HOA management board they state refer to our president. I asked the builder who Essex claims is the president, about a copy of budgets and meetings. We have had only 1 meeting when a copy dropped us in 2013 since I have lived at property for 11 years. NOBODY has answers for our community. It has been a SCAM. We want to know where and who is are money going to.
Property code 209 has provisions for a demand letter to see all records and finances.
I want to file a complaint on a manager at VCM, Inc. who oversee the HOA for the constant harassment and turning resolved “courtesy notices” into formal violations weeks after I get confirmation that she closed the case. I have no experience with this and need guidance.
There is actually no enforcement agency in Texas for you to do this. The Coalition has tried in prior years to have such a board established but we have been unable to achieve that outcome.
My POA recently fined me for my boat parking. They conveniently decided that my home is front facing more to a side lot than the front of the lot in which it’s primarily built. The garage and carport are built on the side lot. They are doing this to find a way to force me to remove my legally parked boat from my driveway and park it behind in my backyard. In 2015 a prior president wrote a letter to me and the entire board for a similar complaint about my boat in which he acknowledged that my home was on a corner lot configuration and that my home is built on one lot and my garage on another and both lots are considered a corner composite building site with my home being primary on the addressed primary lot therefore legally in my rights to park there. I explained all this in a recent meeting in which they ignored the past president letter and said it wasn’t valid. I took my plat showing my home and pointed out the front facing the street and drew a perpendicular line across the property that proved the parking to be behind this line and compliant with covenants and restrictions. I also made multiple construction changes back in 2015 w this prior president approval in order to try and work on agreeable solutions for additional parking. I expanded my garage, added more pavement for parking, and added an additional carport. This was all as a result of the initial parking complaint in 2015. Now they are overturning and ignoring all facts. They are removing my ability to use and enjoy my property.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I haven’t been receiving my mail as the communal mailbox is supposedly “insecure”. I’ve made complaints to the HOA and have received the run around that the post office is responsible for the replacing the mailbox, but USPS says the community is responsible. It’s an inconvenience to make frequent trips to the post office 15 minutes away and only open during my work hours. What recourse do I have?
We would suggest that you have a discussion with the post office to see how the situation can be improved. To our knowledge, the USPS is responsible for mail delivery.
The post office boxes are federally owned, USPS is responsible for them. Talk to a person higher up in the post office, show that person pictures and request help.
What recourse do we have if the board of directors do not enforce the written CCR’s . The lack of enforcement , or possibly consistent enforcement causes damage to our property values and quality of life. Is there a Texas governing authority to report this to, if after requesting the board to review the issues I’d unsuccessful ?
Thank you
Unfortunately there is no governing authority that you can make such complaints to.
We filed several emails with photos to our HOA regarding an unsafe parking issue. Our parking lot has 2 entrances one on each side. Let’s say one east and the other on west side of our lot. There is a neighbor who continously parks so we can not access the west entrance. This is deliberate due to letter he recd 6 months ago from our HOA. Since then his parking has been more radical. He parks in the middle of our lot to intentionally block our side from the west entrance. We emailed our hoa numerous times with photos since June of this year. We expressed our concern about only having one way in and outta here. There is a sick person here and it’s very possible an ambulance or firetruck will be needed here. Since there’s been no change we assume nothing is being done. Our emails get no response. What can we do? We feel unsafe here. Especially if there is a fire. Thank you.
If you have public streets, you can try contacting the city to see what they can do. If they see they danger maybe they can create a “No Parking Zone” on that section of the street.
My husband and I have live for 3+ years in a POA in the state of Texas. Since living here I have attended the board meetings either in person or via zoom.
When asking concerns or questions about the community the board has either ignored my questions or concerns. It has now reach a level of personal attacks on an open community forum and blocking my household from attending zoom meetings which are at present the only way they will have board meetings.
I have a pretty bad leak coming from the exterior walls in my condo. I have contacted the HOA about 20 times in the past two weeks. Many times in writing. It took a lot of effort just to get their handyman out. After he viewed the walls, he asked me to follow up with the HOA for next steps. Again, the HOA as gone silent. They don’t answer their phones or respond to email. Is there a board or agency I can file a formal complaint with? I have all of the emails.
Unfortunately there is no governing board that you can elevate your complaint to in Texas
Why are there know caps on spending, reserve funds, contracts, HOA increases? Why can HOA boards get away with not being completely transparent, answer questions, correct things brought to their attention like pool chemicals being kept in the pool pump room which corrodes anything metal? Why are all the laws in favor of the association and not the homeowners who pay for everything? Fair Laws can and should be put in place in favor of homeowners. Homeowners should not have to take legal action to get questions answered. All owners should be able to vote caps / safeguards in regarding to spending, reserve funds, big projects, contracts etc. The Law should be on the homeowners side since we pay for everything.
Anybody using Townsquare for Texas HOA vote collection Just found out our HOA uses this software and the individual votes are not confidential (Texas Law). Anybody else having this problem?
On June 28, 2022, I received the standard letter from the HOA management company for semi-annual HOA dues that had to be paid by August 30, 2022. On July 15, 2022, I submitted the payment that was successfully processed. On September 12, 2022, I received a letter saying there was a $21 charge added to my account as a reminder fee for August 2022 HOA dues that had not been paid. I immediately reached out to the property manager and HOA board (via phone and in writing) to initiate a dispute and to provide proof of payment. The property manager responded to say the payment was applied to past due fees that were added to the account for an ACC violation. Since then have reached out to the HOA board of directors, the property management company, and ClickPay (the online payment servicer) explicitly saying that I did not authorize for my payment to be added to fees. Unfortunately, I have had no luck as the property management company says they do not have any control over how payments are applied to the account. On September 26, I requested a hearing with the board to discuss the matter. In response to my hearing request, the board asked for additional information that would help them make an informed decision. I provided the following (1) a copy of the HOA governing document which does not have a violation fee policy in place, (2) The ruling from a previous vote where the implementation of a violation fee policy failed to meet 2/3rds approval, (3) Proof of payment that had since cleared my account, (4) A copy of the payment coupon. On October 12, 2022, I received an invoice from the HOA saying another $49 had been charged to my account for a ‘second notice’ fee. This despite my having an active dispute and a request for a hearing. On October 12, 2022, the same day I received the ‘second notice’, I sent an email to the property manager and the HOA board of directors explaining that they continue to add charges to my account despite an active dispute that is awaiting a hearing date. In that email, I pointed to HOA governing documents which outline the following, (1) there is no violation fee policy for this subdivision, (2) Late fees and interest shall increase at a rate of 6% per annum, and (3) approval from 2/3rds homeowners is required for any amendments to CC&Rs. On October 20, 2022, the property manager responded (on behalf of the board) to say the enforcement policy they adopted, according to their legal counsel, does not require 2/3rds approval. In the email they explained that a hard copy of the unapproved fee schedule had been mailed to all homeowners. I can confirm an unapproved fee schedule had been sent to all homeowners in August of 2021. However, that fee schedule was never voted or approved by homeowners nor was it published in county records or even on the HOA website. After doing some digging, I found out that their legal counsel is a debt collection attorney.
My question: Are homeowners bound to unapproved changes made to restrictions when the governing documents explicitly say 2/3rds approval from all homeowners is required for an amendment?
Thank you for contacting the HOA Reform Coalition of Texas. There is a payment priority that HOA’s need to apply to account balances when received from a member. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge. He will be able to help sort through if the HOA appropriately applied the payment or not to your account.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hi. My HOA is giving me a hard time about installing a solar system. They made me get my neighbors written authorization. I do not see that in the law. They also coming up with excuses like is blurry or one of the homeowners form is not in the package which it was…. Any help would be appreciated. The also told me basically our neighborhood has more say because of price point. Sound A little discriminatory as well.
Thank you for contacting the HOA Reform Coalition of Texas. You are correct, Texas Property Code Section 202.010: HOAs and POAs cannot prohibit or restrict a property owner from installing a solar energy device as defined by Texas Tax Code Section 171.107. However, the following exceptions do give HOAs the power to restrict solar panels if one of the following conditions exist:
If the solar energy devices are illegal or violate public health and safety
If they are located on common property within the subdivision
If they extend higher than the roofline, do not conform to the slope of the roof, or are not parallel to the roofline
If they are ground-mounted and extend above the homeowner’s fence
If they are installed in a way that voids the warranties
If they have an element that is not in a silver, bronze, or black tone
If they are installed without prior approval by the HOA
Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
Further details about this topic can be found on: https://www.gosolartexas.org/solar-rights-regulations
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have been fighting with my hoa I asked for the foundation to be fixed for 3 years on August 11th my building literally split in half I have a covered wrap on my building which was supposed to be temporary still don’t have foundation fixed I have been in touch with city code Compliance im in kidney failure and my house is sinking more every day yesterday I cam home to busted pipes I can’t turn on water until this is fixed please if you can direct me to anyone who may be able to help all if the community has issues with no repairs being done it is getting cold outside I have several pictures of how I am living
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
We are a deed-restricted community. The current board-appointed president came in and started to null and void all the governing documents we have had in place for over 25 years. He then created his own water-down version of an amendment more to his liking. In that amendment, he added two more years to each officer’s position’s term retroactive. For example, he was elected treasurer for the 2022 term and then was appointed president when the elected president quit in February. This board was elected under the existing bylaws when they were elected that stated an annual election must be held but he is refusing to hold an election because he says it states in the new amendment he filed this year the new terms he created. We are not opposed to amending terms for board members but for new term limits amended an election must be held, and let the homeowners decide who they want to represent them under the new terms, not write yourself two more years automatically because you say so. We have tried to discuss this with the board but they refuse to discuss or bring it up at any meeting. We have never had a board president come in and take such radical actions as to remove all our existing governing documents. More important, refuse to hold an election as stated in their own original governing documents they removed (null and void).
I complained on the Inframark HOA Townhall that the people I registered violations and actions needed to took too long to remedy situations.
The HOA subsequently threatened my free speech rights telling me negativity was not allowed without saying how I was negative. They also removed my “negative” post.
I pay for the HOA to run that page. Seems they are denying my constitutionally protected right to free speech.
Do the following violations fall under this section of HOA deed restrictions: House needing painting or power washing, driveway needs power washing, screens in need repair?
Article III, Section 15. Lot Maintenance, The Owners or occupants of all Lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner, and shall in no event use any lot for storage of materials and equipment except for normal residential requirements as incident to construction of improvements thereon as herein permitted. The reason I ask is that many violations are written up under this section.
HOAs sending violation notices concerning lot maintenance, painting, parking violations and etc are very common in all POAs. HOA/POAs typically have Broad authority to send violations if it is perceived that the violation doesn’t uphold the subdivision standards
I have a question about the formation of the HOA board. The HOA that I live in formed a HOA board after the the required time as set forth by Texas law. From what I have read, the Board must be formed on or before the 120th day after 75% of the lots were created and sold. Is the previous statement correct? And if the HOA board was not formed within that time frame is it legal? Can they enforce any rules or regulations since it was not formed according to Texas law Texas Property Code Sec. 209.00591.
Thank you for contacting the HOA Reform Coalition of Texas. You are asking a very good questions. Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My hoa are racists they refuse to make repairs for my property while maintaining their own my dues are always paid the only response I get is if you don’t like it move I am a senior citizen and this is unfair
I have taken my HOA to small claims court twice when they did such tactics. It only costs about $200 to file. I just had to make sure that I had all the documentation.
Disclaimer: I am not an Attorney and this should not be construed as legal advice. Just what I did in my situation.
I paid my HOA on time, no fines. Paid assessments in my property that I bought since 1998, they have raised the HOA every year. They built a defective retain wall which I photograph with the cracks and emailed to the HOA and the Board of directors. The foundations problems had increased causing water leaks inside my property and is reaping my condo in its seems,doors don’t close etc. there are cracks everywhere; they had jack up my condo leaving a huge gap between the floor and dirt. I have six years of documenting this info to the proper channels fallowing the guidelines. Last year I paid a special assessment to repair the retaining wall over $400 I had requested info of any updates but I don’t get any answers. I’m afraid that my condo is going to crumble, I don’t know what else to do. They have prohibited me to contact any vendors that have served my property. They don’t acknowledged any of my emails, or responded. What can I do? Any suggestions are welcome, Thanks !
Unfortunately a HOA is not required to respond. At this point you may need legal advice. As we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My family (3 owners) owns a condo where my daughter (25) one of the owners lives. 2 years ago we received a disturbing video via airdrop (we did not accept it), but took a screenshot from a downstairs tenant. We shared our complaint with the board who advised us we did not have any proof of where it came from. Recently the downstairs neighbor shared pictures of flooding and it matched the screenshot in the video. The tenant (50ish) has recently started to harass our daughter. The police have responded, this tenant (who is not the owner) but the brother of a sister who owns the place. We filed a complaint to our board requesting that the owner of the property reach out to us and notified our entire board of the video and harassment. I am shocked but they are just ignoring our family as if we don’t exist. This tenant has lived on the property for over 20 years. They have an illegal homestead filed on the property. What is the responsibility of this board to actually respond/acknowledge our family? I am asking them to assist in helping us keep our daughter safe by connecting me to the owner of this unit. Am I missing something? Why are they ignoring us. Please note we receive almost daily emails of things going on in the community so I don’t believe they are being neglectful, it feels like they have intentionally decided to ignore us. It is just adding horrible insult to the harassment from this gentleman.
Thank you for contacting the Coalition. Your concern for you daughters safety is very important. Have you tried to talk directly with a Board member. Although there are many things that a Board can do, this could be out of their area of responsibility especially since the police have become involved. There are times that folks feel that an HOA board should resolve all conflicts between residents but there are times that the police or others are more suited to handle such delicate situations. This may be one.
Maybe others who read this site have some suggestions?
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our Frisco TX HOA is participating in Selective Enforcement.
They used an attorney to require us to provide information about our solar path lights, a decoration in the back yard, a temporary paver so I can walk without falling because of disabilities, power washing and restaining our fence a neutral brown wood color.
We spoke to neighbors and they have never been required to submit solor path lights, staining washing fence, temporary pavers…..
Our front door broke/wound shut or lock so we got another. More than 10 months later they now want an ACC.
But they are not requiring other neighbors.
They also invited the community to get rocks from the pool to put around our homes since they were removing them. We did get some and now they want an ACC request for those too.
Nobody else we have spoken to have been required to provide ACC. Only us
Anyone have any ideas?
8 unit condo association:
Board bullying
Can a 3 member BOD move forward with a major assessment without a vote of the members in good standing?
Can a BOD enact random new policies, using the term “ best practice “ over and over then record them in the courthouse.
BODs are given broad powers to increase assessments and enact new policies as long as the power is given to them in the governing documents. Best to check your documents an see if there are any limitations given.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Sure they can raise assessments without a vote because no authorities enforce the laws
Actually they can’t increase assessments without prior notification and done in an open meeting. They can illegally, but it only takes one homeowner to take them to court. We did it at our association when the Board increased assessments against the Texas State Property Code and they were rolled back.
“Sec. 209.0051. OPEN BOARD MEETINGS
…The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:
(1) fines;
(2) damage assessments;
(3) initiation of foreclosure actions;
(4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety;
(5) increases in assessments;
(6) levying of special assessments;…
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
DISCLAIMER: I am not an Attorney and this should not be construed as legal advice.
The Lawyer of my HOA scam about ten people. They put and amount of debt
on the owner account, them didn’t want to give them their account balance, while the owner disputed the debt, charges were
added to the account. I was intimidated by the lawyer and paid $6000.
I have try every avenue, DBPR ignore me and I never got my money back.
The residents can enforce it. Why do we always have to have public agencies? All it takes is one resident to drag their butt to court. I have been in Court against the Board of my HOA five times, and have been in mediation where a retired Judge was the Mediator once. The five times included twice as a Homeowner, and three times when I was President dragging other board members to court for their unscrupulous practices.
Sam Madden’s post shows why there needs to be a governmental body to enforce the laws. He took his association to court and what did it get him. He continues on multiple ocassions to continue to take them to court as it costs them nothing as insurance protects them. I to took my association to court and won. I got a settlement of $90,000. After lawyer fees and taxes I cleared about $5000. As it took around 7.5 years to get a settlement that the Board ignored, why bother. There needs to be some punitive action against boards. After the settlement my board refused to prosecute the theft of over $12,000 that was stolen from the association and was in an account controlled by one of the board members. Not only didn’t the board do nothing, the police and district Attorney wouldn’t prosecute either.
My lawyer told me the problem is people that want to be on boards are fruustrated power hungry people that couldn’t get power in real life so they sit on boards. I think he is correct. The only way to avoid hassle with boards is to avoid them or ignore them. I am in an HOA and have not looked at the financials, been to a board meeting nor communicated with them. I send them their check and don’t ask questions. Happiness abounds!
Does a Texas HOA, POA, CA, etc. have statutory authority to bar a homeowner from renting/leasing to a convicted felon?
My question is not intended to address the nature of a conviction. My HOA is floating a by-law addition to bar rentals to felons and appears to cast the HOA as a party to every lease in the neighborhood.
I have not found any reference (yet) in TX Property Code.
Thank you for contacting the HOA Reform Coalition of Texas. As we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has not maintained our lawn care for nearly 2 years they have made excuses about weeds and lawn service. Weeds are piled up on our fences and now the new excuse is that they don’t have a weed wacker
The UP Home Owners Association Board was not in compliance with Texas State Laws of 2019. The UP HOA Board operated not within standards from 2019 to 2021. I informed them that the UP HOA Board is not in compliance with the 2019 law. The President and their spouse served on the UP HOA Board consecutively. Both of them served on the UP HOA Board since 2013. I requested the board impose a moratorium or a hiatus from people serving on the board for 10 years straight. If a person serves on the board for two consecutive terms then there needs to be a hiatus of three years minimum. If a person serving on the UP HOA Board is found in non compliance with the TX HOA Laws than that person needs to step down and wait a minimum three years hiatus before running for the UP HOA Board again
I requested to speak to the UP HOA Board”s lawyer and was denied. I requested the name and phone number of the UP HOA Board’s lawyer and was not given the name or phone number. I requested the lawyer for the management company and was denied. The UP HOA operates not in compliance with the TX HOA Laws neither the Roberts Rules of Order when conducting Annual or Board members meetings.
I request that for the 2023 TX HOA Laws that there be term limits put on TX HOA Board members terms. The members whom may want to run for the board after serving two consecutive terms then those members will need to wait a hiatus of minimum three years. The HOA members have a right to know who is the lawyer that represents their HOA Board and the HOA Management Company serving their HOA Board.
The Coalition has already made this a 2023 priority to add term limits to Board members to allow new Board member to participate. But we need your help to contact your representatives to have them sponsor legislation for term limits. Our suggestion is someone can only serve six of the last 10 years.
How to contact legislators as you request? Is there a way to find who they are , a shared letter to use to ensure concerns addressed, etc?
Please see the Texas website: https://capitol.texas.gov/mnumytlo.aspx
Does an HOA BOARD have the right to deny a paid HOA member, the name and phone number to the HOA Board’s Lawyer?
Please explain how you buy onto an
HOA and agree to the terms and conditions, then rules are arbitrarily changed with no discussion or vote. I did not buy into the drastic changes. How can that be? Why can’t Texas have an HOA Ombudsman Department to take on these HOAs and complaints, and make restrictions to help the citizens. There is no place to live, it seems without an HOA. Can’t reps here contact the state government for further control?
There are probably many people who read this site that can relate to your frustrations concerning HOAs being arbitrary and changing the rules or interpretation of the rules with very little input from the membership. There are many complaints on this site about the same thing. The Coalition has tried for years to gather support for an Oversight Committee for HOAs at the state level. Unfortunately, very little traction has been made. There is an upcoming legislative session coming up. Our best advice is for you to contact your representatives and have them champion a bill to make a Oversight Committee for HOAs.
My HOA has increased the monthly fee to $392. My front yard used to be beautiful with grass & tall bushes. Now it looks like a desert. I can’t afford those fees and have the property decrease in value with its appearance. Now I can’t get any response from them. Any suggestions?
Unfortunately, there is nothing that requires an HOA to respond to inquiries. Maybe you can talk to a Board member one-on-one and determine if there is a pathforward.
Well said..you are absolutely correct
Yes, I am battling my HOA violating their own CC&Rs, I can communicate my disaggrements, but in the end I dont have thousands of dollars to blow on a lawsuit. Hard to move to a place near work without an HOA, but might have to take the high interest loans of the market for peace of mind and make that long drive.
This may be the most comprehensive, concise description of HOA activity in the state of Texas I have ever read.
Let just be frank HOAs and POAs can break any laws they want and deny you all your rights bestowed to you by the constitution of the United States because they are protected by the laws of this state. It is state sanctioned communism and tyranny. The reason that HOAs and POAs do as they please despite the laws or even bylaws is that they know there is no recourse for the people they abuse. There is no regulatory agency. You can issue a complaint to the TX workforce commission but that’s as useful as shouting into the wind for the same reason, no one is listening, cares, or has a policy to reprimand or correct illegal behavior. You can try the legal system but you’ll get stuck in the court system for an eternity and rack up an immense bill of legal fees. Not to mention that you are effectively suing yourself while the people who violated your rights are given blanket immunity by the state laws. I’m not a lawyer but it seems to me that creating a place inside our country designed to deny people their American rights should be federally illegal. Why are we not collectively suing the state for creating criminal enterprises and protecting those criminal enterprises they created under the laws of this state? I understand that this course of action might seem drastic to many but if the state has created a system that violates or denies federal rights to American citizens then is that not what the federal system is for? There are plenty of incidents where these places operate outside the law (state and federal) and do so with impunity knowing that they are protected by the state legislature. How much more corruption and organized crime (boards and managers) must citizens endure in this state before we take the case to a federal level? I’ve tried letter writing and alerting my representatives. The truth is no one cares. It’s not an issue that will gain politicians any recognition or glory so they have little interest in helping. I’ve even tried state HUD office and the best they could do was give me the phone number to a homeless shelter to go to if I felt unsafe in my home due to the managers threats and the number to the state law library I suppose so I could attempt to build my own pro se case. This is why most people abandon the idea of justice in these situations because the system here is created and cultivated specifically to muzzle and squash anyone who seeks fairness or equitable treatment under the law. How is that not against the entire premise and foundation of our nation? The laws regarding this matter in this state are fundamentally made to limit the rights of the members while empowering the boards and managers to operate illegally. How is the state not responsible for the abuses being suffered by their citizens when the state created the system knowing and continuously being alerted to those same abuses, criminal activity, and the violation of citizen’s rights?
I am experiencing the same. I have found that the greatest problem is with the majority of homeowners not knowing their rights under the laws. As noted above, there is no agency to oversee HOA boards, all that is left are the property owners or the courts. The more I attempt to educated the other property owners, the more retaliation I receive. I am in court no trying to prevent foreclosure of our home. In the discovery process we have discovered that the board has not held a lawful election for the board in the past seven years. They also gave away 15 acres of association land to a friend of the board, then at the advice of the association attorney Gregory Cagle, held a deceptive election to release that land from under our deed restrictions, the previous year, they had held a mail in ballot only to release the land, but filed with the county clerk that they did so with 51% approving, when the law states 67%.
I could not agree more. I sued my HOA for not adhering to Texas statutes. Nothing debatable. It took 7.5 years to arrive at a settlement. I got $90,000. It covered my legal fees after taxes. I also got injunctive relief. The board ignored the injunction and I was faced with doing it all over again. I sold the property. As Clayton Williams told Ann Richards, rape is inevitable. Lay back and enjoy it when it comes to hoas.
I totally agree with what you are saying. And the state legislation give them non-profit status. And allow them by law to oppress Home Owners. And no one Holds HOA AND POA accountable for their actions. JESUS HAVE MERCY
Well said. My case fits 100% with what you commented.
HOA is not following the law as it relates to meeting notices and enforcement. When you bring it up they retaliate and get rude with you. All I want is them to do what is right and Fair. I kept bringing up things not in compliant of the bylaws and they towed my car which was where it was allowed to be because I told them it is not safe for me to park down a dark street and walk home with no lighting and recent break ins and the tow company said the HOA manager called to have mine towed but nobody else’s. I have proof everyone else parks where I was parked but nothing for them and they refuse to give me a hearing or reimbursement for retaliation and selective enforcement. What are my options?
From Attorney David Kahne’s website concerning selective enforcement: https://texashoas.org/faqs/ “Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.”
This is not meant to be legal advice.
If they are like my HOA that do the same offenses as yours…nothing…we have won a lawsuit in court…the HOA ignored it an the courts fail to enforce it…..good luck
My HOA king property management does not respond back. Every time I call they don’t answer or brush me off stating they will call back but don’t. They are fining me for my dog barking but my dog is the the one barking I have given the video evidence and had my neighbor confirm. They also don’t maintain the lawn or other areas. I have photo and videos
Section 209.004 (a) (4) says the management cert. must include:
the recording data for the declaration and any amendments to the declaration;
Is that just the CCRs & their amendments or does it also include the articles of incorporation, bylaws, & bylaw amendments?
I am being sued for HOA dues. I informed the HOA and their attorney that I was a disabled veteran and I just needed time to see some assets to pay my dues. I informed them that I had the money on the 17th of August and they refused to take my payment. On the 30 of August the filed the suit in district court. I then paid the lawsuit in full to the attorney to have it dismissed. They now say that I owe and additional $1588.00 for them to dismiss the case. If I pay the additional $1588 to get this dismissed can I take them to small claims court to recover the fraudulent charges or do I just present this to the current Judge and hope that he dismisses the additional charges?
Thank you for contacting the HOA Reform Coalition of Texas. As we are am not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
I am a current board member our HOA is a 503c. I was told recently that the legal term for a leave of absence is voluntary resignation. I have never heard of anything like this, I’ve searched all over the internet and can’t find anything that says those are the same….so I trust your answers…am I being lied to by the management company.
Our HOA in Ventana Lakes Katy Inframark has been unable to repair a splash pad for nearly a month now. Every week it’s a new excuse.
What recourse is there?
This is a matter for your HOA and members to address. Maybe you can get a group together and ask the Board what the issues are with the splash pad and determine how, as a community, the required repairs could be made.
By the way that $400 is monthly. So I am paying $4,800.00 a year for my HOA fees and the property looks absolutely pitiful. There are other homeowners that feel the same also
Gatewood HOA are not keeping my front property appearance as beautiful as it was when I moved in. What was lush green grass & bushes is now dirt & 2 small bushes. The fees are now $400 & I can’t afford that plus my mortgage. I do have photos if needed
Your complaint is a common one that an association is not maintaining common areas or providing services unfortunately there isn’t much you can do. Sometimes the best thing to do is to get on the Board yourself to make a change.
I was hoping for a better response. Other homeowners are not pleased with this HOA as well. $400.00 a month and my property looks worse than when I I moved in. Almost $5,000.00 a year???? Why?
Can you Sue the HOA or Landlord for not providing Mailboxes ? or whom can i contact to inquire regarding this matter
Thank you for contacting the HOA Reform Coalition of Texas. As we are not an attorneys and you are specifically asking for a legal opinion, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I’m a member of a small HOA (10 units) in Port Aransas/Corpus Christi Texas. Who can I file a complaint with against my HOA whom I believe is mishandling funds, harassing guests (Short Term Rentals) and not looking out for the best interest of the community. They have not filed the Franchise Tax for 2020 & 2021. According to the state, they shouldn’t be operating as a HOA since they have not filed. They do not have a Registered Agent. I had to pay for General Liability Insurance for the common areas because they refused to do so. Hired an attorney, but after approximately $5,500, a request to bring the HOA back into compliance (no response from HOA) 7 a Cease and Desist Letter, I’m looking for any suggestions to resolve my issue. Any help would be greatly appreciated.
Unfortunately, there is no oversight committee or board that you can file a complaint about against your HOA. The Coalition has tried for several years to have such an oversight committee but we have not been successful.
I pay $265/mo. for my condo’s HOA dues. These fees include courtesy security patrol, property maintenance, security cameras. The company changed management to American1stPropertyManagement Houston, Texas which has received a multitude of complaints due to the influx of tenants moving onto the property, exceeding occupant capacity, vandalizing property & vehicles, unauthorized parties and congregating in the parking lot, furniture and trash in front of units and property, barbecue pits on the sidewalk, resulting in property owners loosing tenants and money. The property manager does not provide any security, maintenance, nor the cameras we are paying for. He doesn’t respond to the complaints and concerns of the homeowners/tenants. What can we do about this matter?
Unfortunately your complaint is a common problem when living in a condo or HOA. As an owner you don’t have much control over this situation except if you are on the Board yourself or the owners together make a change in the organization.
Our unincorporated rural HOA board has decided for a preferred contractor (trash) to be the sole provider for our small neighborhood. There are multiple companies offering a variety of different services in our area. We have a contract with a different company with a renewal date 14months out. Our CC&Rs and Community Manual gives power to the HOA for contracted bids on the maintenance, repair and anesthetic appeal of common areas – gate, road and landscaping along easements). QUESTION: Can the HOA force us to change to another contractor, with individual contracts locked for multiple years and with no set rate? Is trash collection considered a common area? What wording in HOA documents should I look for that provides clarity?
If the Texas property code 209 applies to your subdivision. Section 209.0052. ASSOCIATION CONTRACTS maybe of some interest to you. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm. The Board is typically given broad powers to enter into contracts so you will need to read the governing documents for any limitations.
Texas Property Code Section 204.010 DOES NOT APPLY to most HOA’s in Texas. Still, many HOA’s are using it unlawfully, either by mistake or a power grab.
1. Earlier in the Chapter, Section 204.002 limits the geographical area to which Chapter 204 applies to Brazoria, Galveston, Harris and Montgomery Counties.
So, if you live elsewhere, your HOA should not refer to or take any action under Section 204.010.
2. Earlier in the Chapter, Section 204.003 states,
“An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter.”
So, if your subdivision already had a DCCR meeting those conditions, your HOA should not refer to or take any action under Section 204.010.
HOA’S SHOULD READ SECTIONS 204.002 AND 204.003!
HOA’S SHOULD STOP APPLYING SECTION 204.010 UNLAWFULLY!
Here is the link to the Texas Property Code:
https://statutes.capitol.texas.gov/?link=PR.
My HOA has been operating under Chapter 204.010 unlawfully since 1995, and I only discovered it this past month. I spoke at a meeting of the Board of Directors and explained it to them. You should do the same. Hopefully this information will help. Good Luck : )
I got unemployed, so I didn’t have money to pay the HOA bill $1100 this year. Now they increased the fee to $1500, includes $195+$60 collector’s fee. Also $100 on late fee without any letters or emails to let me know this. Should I pay this bill or are they anywhere I can complain on this problem? I am in Houston, Texas
Thanks for contacting the Coalition. There is no oversight board or committee that you can complain to about this problem. What you are experiencing is a common complaint. The Coalition always recommends to pay your HOA assessments. If you do not, the HOA can foreclose on your property, even for these small amounts (compared to the value of your house). The HOA should have a policy about creating a payment plan. Contact your HOA about this policy. Document your conversations with the HOA, verbal, email and via mail.
They should offer a payment plan of up to 18 months it’s the same for property tax’s. Makes sense saves the association money in legal fees. However you can ask for a payment plan they cannot refuse you by T.P.C.
There’s a condo complex in San Antonio that concerns me and a lot of other people. They charge an HOA fee of $206 a month!! It’s unheard of. It’s not brand new. It’s older. And I don’t see how they are getting away with charging so much HOA fees a month! Villa Del Sol is the name on Vance Jackson. How can the owners get some changes? This is ridiculous!
This is a common problem with many HOAs and COAs, the ability to raise fees and special assessments without limit. We suggest that you contact your state representatives and ask them to place limits on all HOA’s and COA’s with the amounts that they can charge for fees and fines.
Hill Country Homeowners Association for Windgate Ranch in San Antonio thrives on sending violation notices to many residents for the most diminutive items. I have been berated with countless violations for my motorhome and as a retired veteran I deserve more options to store my motorhome on the side of my home without any enmity or repercussions. We are paying an absorbent amount of fees every year for little to no improvements in our community. We don’t even have a communal area or play area for children.
I’m the POA for my parents they have a house in Glenn Heights Texas. I paid their annual fee in January. HOA is saying that I did not pay. I showed the receipt showing that I did from their system. Then they came back saying oh we reversed the payment. They did NOT reverse the payment. I told them that the bank says they didn’t send anything. Then I see they charge us for another fee in 2021 and never notified us about it. I sent the money in for that and they sent the check back. The HOA won’t take the money and they keep on adding fees on to my parents. They won’t respond to me anymore and I filed a complaint with BBB. They won’t respond to them. I’m trying to sale the house but can’t because the HOA is not clear. I don’t understand why they are doing this to us. I feel stuck. I have never had issues for paying a bill before. I read their reviews and many say that they don’t notify you because they’re wanting to charge you the fees. I don’t think this is fair. I have all my documents showing we paid on time and e-mails that I sent to them. I called too. No one will contact me. I’m a single mom, have a sick parent and the other passed. I don’t want to worry my mom about this so I’m trying to handle this professionally. I would appreciate any help you can provide.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I own my home. The HOA is forcing me to have a service installation INSIDE my home that I do not need or want. I’m being FORCED because other homeowners want the service. This requires damage to the inside of my home in which no one will be responsible for paying for in terms of interior damage or clean up. This also includes the workmen CUTTING through the walls of my property. Do I have rights to stop this?
Thank you for contacting the HOA Reform Coalition of Texas. Your question is one that we do not have the resources to answer. Your best bet is to ask an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
We have an HOA who does not answer us, phone calls and emails, we have no board and no proof of financial records. We are expected to pay our dues though..which I have. What can we do?
The best thing to do is get involved with your HOA and run for the Board. If you want to see change, sometimes the best thing to do is to get on the Board yourself and make those changes. Your issue of non-responsiveness is a common problem in HOAs.
I live in a HOA-POA & there are 18 phases with different rules & regulations. They are wanting to pass the 211 where we become one phase. Does each phase have to have a 67% YES Vote ? Or say 400 Yes votes are mailed in & 67% vote YES. Does this mean 211 is passed & official ? This seems to be a gray area in our community.
This is a difficult question to answer without seeing your governing documents. If your governing documents are not clear it be best taht you get a legal opinion. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has property on the otherside of my backyard. Their trees are growing through our fence and destroying our property. They have ignored every one of our requests to view the damage and to cut down their trees causing the damage
HOA’s ignoring issues is not an uncommon problem. As you can see on this website many folks have complained about similar issues. As we are not attorneys we cannot give you legal advice. However we can suggest that you contact the HOA with all of your documentation and send the information certified return receipt so that you have proof of your willingness to work with the HOA to get this issue resolved. If there is still no resolution then we suggest that you contact an attorney to see if they can help you in the process.
Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA is sending out meeting notifications with a link to the agenda 7days in advance that don’t include any location. They also have repeatedly failed to upload meeting minutes in a timely manner. To date the last one published is February. Multiple people have notified them. Who can we report them to?
Thank you for contacting the HOA Reform Coalition. You are correct that there are Texas State Laws that require certain information to be published for a Board to conduct a meeting with certain requirements as long as your HOA is subject to these laws. However, there are no requirements to upload meeting notes. Unfortunately, there is no oversight governing body that you can report your HOA to. There are some legal recourses that can be taken. Since we are not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hello there I could use some serious advise in regards to HOA and their “representatives” I live in an apartment/townhome complex and there is an “office” where one agent hides herself away unless she is forced outside to write fines that sometimes come from the president or herself… after moving into this facility the woman/agent in the office told me she knew my mother in which I found out they did not like one another. Now this woman is using it as a reason/means to make up rumors and write fines that are NOT true at all sending them to our landlord causing tons of unwanted and unnecessary drama. Also lying claiming they sent “warning after warning” which is another bold face lie. Which might I add we all have our own personal landlord within these units. Now I am being told by our landlord that he doesn’t want to deal with the HOA and their complaints and are forcing us to move out!?! How is these even remotely possible? My fiancé and I are a quiet couple who keeps to ourselves especially since he has to be cared for 24/7 medically after he was on life support a couple months ago. Do we have ANY sort of rights in regards to this crazy situation? Please if someone could shed some light that would be GREATLY appreciated. Thanks God Bless
Thank you for contacting the HOA Reform Coalition of Texas. Your question is of a legal nature, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have a huge concern. A family member is in the process of purchasing a condo here San Antonio Texas. They are older and the name is Villa Del Sol condominiums on Vance Jackson. Just found out their HOA fees are $206 A MONTH! Whaaaaat the?!?! I live in a nice home and HOA fees are only $130 quarterly. I’ve seen the condos, they are older but most are renovated inside. The pool I don’t think is working, they have a fenceline, some greenery. But $200 a month from every unit? How does this make sense?
HOAs can set the rates as they see fit. They can also assess hefty fines and special assessments.
This HOA is Not Fulfilling it’s Duties this HOA has not allowed Trust on Promising to make changes in Community after 10yrs Still No Changes There is Only a Memorial where someone lost there Life and A Trespassing Sign on Park Still no Walking Trail but they Collect Dues for What Still no Changes 10yrs. Please Help Please Hear My Plea .
I need an attorney for dallas Texas to sue my Hoa for abusive tactics on fines just because you write letters..instead of communicate with you;they fined you because of letter..they are in thecomplex to work for the homeowner as we paid them with our dues..need to get in touch with a lawyer..I got all correspondence with me.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Tuscan Village Lakeway has been a nightmare POA and has divided a once great community. After the builder turned over the Association to Community the Board has been making change after change of rules that were put into effect without member vote or discussion, including requirement to sign a strong waiver that basically owners are being forced to sign or NOT be able to use their amenities, attend events, enter clubhouse, or get a fob, etc. TV POA Association is not responsible for anything and cannot be sued. Making rules with no vote or discussion, ignoring members, micromanaging lives, not making repairs. Members feel helpless and many afraid to speak out. Please get state laws to make changes that gives MORE power and freedoms BACK to the members. We are not robots and we do not live in an authoritarian communistic country. Basic rules are fine, but going overboard to not being able to feed the birds, park in your driveway, have rights to use your member facilities that you pay for, changes without vote or discussion, spending your money without vote, not making repairs, go way too far. You cannot purchase home hardly that is not under HOA. Where are our freedoms? Why must there be an HOA in every community? You already have your City restrictions. PLEASE HELP!
Security camera approved to be installed by me at my condo conspicuously due to damage to my car and I have protective order and my neighbor was court ordered removed from the community. The HOA claims I am using camera to spy on all my neighbors due to recent board member I sent videos of her stalking me and harrassing me. My neighbor has inconspicuous camera mounted monitoring the stairs that I have to use coming and going from my condo yet friend of the board so she does not have to remove her camera. Selective enforcement and ignored concern for my safety of myself and properties
Selective enforcement is not an uncommon problem in POAs. There are many complaints on this website of similar issues
Thank you to the legal system that allowed five years of stalking, harassment, lawsuits, breach of contract and breaches of a permanent injunction that caused me to attempt suicide. Thanks for not helping. Sorry I didn’t have a ton of cash for you. I am now facing bankruptcy and a battle for foreclosure within some strange loophole.
I’m paying thousands of dollars a year in dues but hoa is neglecting my property my neighbors properties are maintained while mine isn’t I think they are racist what am supposed to do I don’t want to be forced to move
How are privacy screens treated legally?
1) Is a section of privacy screen considered fencing?
2) Is the section of privacy screen considered a permenant structure?
3) Are there any state(Texas) or federal laws that override HOA CC&R’s.
CONTEXT:
I created a privacy screen along a short segment of my fence line with the intent to block my neighbors view from their 5 second story windows and 1 ground level window that can easily see my pool and sunbathing deck that the wife lays out on for sun.
Our HOA rules on fences is not taller than six(6) feet. I am in a non flood zone, and as such, do not need permits for fences in my county.
The privacy screen is to ten feet tall 4×4 wood posts, 8 ft above ground with a curtain rod like piping across the top and 4 outdoor specific designed curtain panels. The width is about 14 total feet or two standard fence panels wide approximately.
They gave me a violation and said they will fine me if I do not remove it.
Your feedback is appreciated.
Thank you for contacting the HOA Reform Coalition of Texas. Since we are not attorneys and you are asking for a legal opinion, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I was supposed to close on my condo 7/8/2022 but because my HOA has been non responsive to requests from the mortgage company, I still have not been able to close. The documents requested from the HOA is the only thing holding up the closing. Requests were sent to them on 6/22. Is there an agency where I can file a complaint? Location is in Texas.
Unfortunately there is no oversight group you can report the HOA to in order to resolve this situation. The Coalition has asked for stronger laws giving more power to the owners and to provide an oversight committee to resolve issues such as this.
We have a relatively new hoa board member who is presumably retired or otherwise unemployed and started a dog walking service that ending up only including people in our community (was not a pre-existing business that happened to be used by people here but rather began ostensibly with one neighbor and expanded to others including other board members). Nothing against creating opportunity – good for them – but, now they are a board member. This strikes me as a conflict of interest, regardless of intent and even in the absence of misconduct, to have a hoa board member who has income derived either in part or in total from hoa members. This person was recently at the pool promoting their service in the same conversation as talking about being a board member. Is there anything specific in terms of property code that speaks to this or would this have to be addressed in our by-laws?
We are unaware of anything specific in the property code that would prevent this behavior. It would most likely need to be addressed in your governing documents.
My bankruptcy was canceled a year before completion during the beginning of the pandemic in 2020. The HOA sued me for over $30K, which included $11K in past due HOA fees and the rest is attorney and collection fees. The invoice shows a misc line item of $13K for Dec 2018 which is most likely prior years fees that violate the 4 year statute of limitations. I offered to settle for $25K, but they refused and would accept nothing less than $32K.
What can I do about this?
Thank you for contacting the HOA Reform Coalition of Texas. Your best bet is getting an attorney involved, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in a small POA containing 149 lots with a private lot. There are 45+ plus homes and growing. The board members we currently have are unwilling to supply an outlet for ALL members to access any and all information concerning the workings of the board. The outlet that is in place is a user friendly site.
They refuse to emails as a way to contact the board.
They have failed to maintain roads, common areas. They are not willing to answer or address concerns in a professional manner.
Volunteers are not accepted unless known by board members.
Any referrals or assistance would be appreciated.
Thank you for contacting the Coalition. Your complaints are common here on the site. HOAs not performing the duties that the members expect. The Coalition has been successful in getting more homeowner rights via the Texas State Laws but there are many more laws that need to be changed to give homeowners more power in the POAs.
Question? If our board has not been running board elections in accordance with the association Bylaws, and 209.00593 of the property code, can they be lawfully seated? Or is this potential fraud?
Thank you for contacting the HOA Reform Coalition of Texas. Since you are asking for a legal opinion, we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has not upheld its covenants on adjacent property owner.
We have filed complaints since April 2022 with no resolution. This homeowner has parked a large travel trailer on slope a few feet from our property line. Covenants require a slab for parking which has been dismissed by ACC president aka homeowner bunko buddy. HOA 3rd party has not been involved with the decision ACC president has made on her own. She has given them an addition 6 months starting june 2022 to comply and is allowing homeowners to use travel trailer as additional space with generator.
Upon appeal of appraisal district with photos of adjacent property and travel trailer we were granted a reduction in home value of 25k.
We have continued to reach out to HOA and ACC and have been ignored. We feel our rights as property owners have been dismissed while ACC and HOA have been allowing adjacent homeowners to violate covenants.
Thanks for contacting the HOA Reform Coalition. Your complaint is not a new one. Many folks complain about selective enforcement and non-responsive ACC and Boards. If you are in a zoned community, maybe there is something that the City can do to help you.
In my HOA we had bylaws stating that the ACC committee was to decide the paint colors for the complex. When the board decided they did not want to accept or even negotiate or give feedback on the color selections they voted to amend the bylaws to include the board as the final vote in color changes. They posted the proposed change on Friday and the board meeting was Monday. Even though the meeting had 3 times the usual number of homeowners plus and aggressive email campaign to the board, they passed the new bylaw. They did this to make sure the new law separating ACC from boards didn’t effect our HOA. After they changed the bylaws but before they have been officially recorded by law, they voted not to change the color palette that was approved last year before there was the new law separating ACC from the board.
Was this done properly? Is there any recourse? Homeowners did not approve the by law change 88 percent to 12 who did via a poll taken. (Though the poll was only about 35 of 404 homes)
Thank you for contacting the HOA Reform Coalition of Texas. You are asking a legal question, since we are not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am a homeowner in need of an attorney that I can consult with regarding a possible breach of contract by my HOA. Can anyone recommend someone in the Houston area?
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in williamsburg Hamlet. Our HOA has actually demanded we tell them how many people live in our homes and if we fail to do so they will fine us….isn’t that a violation of my right to privacy?
Thank you for contacting the coalition, assuming this is not about tenants, please clarify if (1) they are asking everyone, or (2) asking just certain homeowner(s)? What reason (if any) is being given? Is there something about this in any governing documents? Is this something new in the subdivision?
I am the ARC chair for my HOA. Our bylaws say that ARC chooses the paint colors for the homes. Since there can no longer be a board person on the committee, the board and manager gave me the instructions to include colors from other paint phases so that we didn’t have so Macy paint to store. They told me how many colors could be chosen and that I could only use a max of 3 new colors.
ARC turned in a neutral palate reusing 7 of 10 colors and only adding 3 new, also neutrals.
Now the board claims it needs to vote in the colors (not in our bylaws) and I believe they have asked our association lawyer to change the laws to say they get to pick the colors. They are a micromanaging and incestuous bunch and are often pulling nasty tricks.
If they pull that stunt is there any recourse? If they get it by the lawyer, would the colors turned in when the bylaw said ARC is solely in charge of colors be able to be changed or would they have to wait to decide on their colors because the change in bylaws was after a palette was decided and submitted by my committee?
If there were one or two “no” votes to change the bylaws then I believe via our docs they can’t make a change but the most likely “no” vote May miss the meeting due to illness. Can she have a lawyer represent her at the meeting?
Can they still proceed and get the bylaw passed?
If they do it but that “no” vote becomes known so it was an illegal (by our docs) change, what recourse do homeowners have? Just another miserable day with this board who for the life of them can’t be transparent or open to conversation instead of underhanded manipulation to get their wishes.
All help appreciated!
Thank you for contacting the HOA Reform Coalition of Texas. Since you are asking for legal opinions, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA charged the title company, who then charged me, almost $700 in fees to process the sale of my house. They have found loopholes and ways around the legislative restrictions and someone needs to stop them. They are just taking our money because they can.
The HOA Reform Coalition absolutely agrees with you. These fees need to be contained.
I need an attorney for dallas Texas to sue my Hoa for abusive tactics on fines just because you write letters..instead of communicate with you;they fined you because of letter..they are in thecomplex to work for the homeowner as we paid them with our dues..need to get in touch with a lawyer..I got all correspondence with me.
The problem with the current HOA laws is ignorance of property owners in the HOA’s as to their rights and protections under the laws, in particular Property Code 209. I am a Texas Realtor, and generally had a good knowledge of HOA laws through my licensing and continuing education. However, I found myself confronted by a board President and board that for the past five years has been a serious thorn in my side. They actively seek to keep property owners in the dark about what they are up too. Since 2020 my home has had a lien placed on it over a disagreement, and then since 2021, the association has filed a case in District Court to Foreclose on our property. Because there is no agency in the state that oversees HOA boards, it is up to the property owners to hold board members accountable. I believe that any future changes to Tex. Prop Code § 209 must include a requirement of some kind where anyone moving into a HOA must be provided a copy of 209, either at the Title Company, or by the Realtors selling properties.
I have lived in 3 subdivisions (2 in Plano and 1 in Prosper) with HOAs. Currently, I live in Windsong Ranch in Prosper TX. Here’s my concern. Is there a limit for how long a Developer can control the board (no homeowner representation)? Why I’m asking is this HOA has been run by the Developer for 7 years. We keep getting increased dues annually which are approved by the Developer. Shouldn’t there be a limit.
Thanks for contact the HOA Reform Coalition. Texas property code 209.00591(c) does cover the Board membership with respect to developer control. Please review this section of the Texas property code to determine if your subdivision falls under this statute.
Note: This is not meant to be legal advice
In February 2011 the Texas legislators passed a bill that states “67% of homeowners” when voting. My hoa uses 70% of votes cast not votes of all eligible. This is still continuing. After bringing it to the boards attention they did recalculate the results on the last votes.
My question. This is 2022 every vote from 2011 to the most recent votes have been using 70% of votes cast.
Does this make each vote that was taken and tallied with the wrong information invalid?
Thank you for contacting the HOA Reform Coalition of Texas. Your question is legal in nature, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
We need to eliminate the HOA in lakeside area. They cause to many problems and do nothing four our Lakside community. I have lived in my lakeside home for over 22 years and they have done nothing. I see no change. It a waste of peoples money. I vote to get rid of HOA in Round Rock, Texas. Board member have nothing more to do then take our money to pay themselves. Hell no!!!!
The HOA board is comprised of a board put in place by builders and have no residents or voting. The HOA is over 3 years old. They recently passed an assessment for mailbox property that was damaged while having all members muted and refused to allow anyone to ask questions. Is there anything that can be done to form a homeowner board or fight this assessment.
This is an unfortunate problem with HOAs. HOAs have the ability to assess special assessments which may not be limited. In this situation, since every HOA is different, you will need to look at your governing documents to determine if there are any limitations for your Board concerning special assessments.
*Note — Every situation is different, this should not be considered legal advice.
Can the HOA force me to pay for repairs for uneven sidewalk on the side of my house
The first questions is who owns the sidewalks or are the sidewalks considered public property. If you are in a city, typically the side walk is public property and the City has a responsibility to either pay or share in the cost of replacing sidewalks that are uneven. In an private community HOA, then the responsibility should be discussed in the governing documents as to who has that responsibility. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am in a condo. I have had 5 leaks into my unit over the past 2 years from the roof. They are always in the same 2 spots and the HOA tells me they have repaired and sealed the roof… and then there’s another leak. I am responsible for the drywall so after every leak I have to pay for the drywall repair. I can’t even imagine the water damage inside the attic. The HOA is not responsive. They tell me it was “fixed” and then I have another leak into my unit when it rains. What recourses do I have?
Thank you for contacting the HOA Reform Coalition of Texas. As for recourses, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Dear HOA Reform Coalition: I am currently an owner of a condo in San Marcos Tx. Our small condo is in front of the on-site pool which has been filled with dark green/ gray water since August 2021. We have sent various emails to HOA managers in Sept 2021, Dec 2021, April 2022 and expressed significant concern each time. The algae is a community health hazard due to the type of bacteria that feed on it. This type of bacteria is known to cause contact dermatitis, folliculitis, diarrhea and fever. This is especially dangerous for those who are immunocompromised. The pool remains very green/gray in color and it is very disappointing (will attempt to send pictures). No obvious attempts have been made to shock or sanitize this algae/bacteria infested pool. I respectfully request help in this matter.
You may want to see if the City of San Marcos can help you. There may be some ordinances requiring maintenance of pools and other requirement from a sanitation perspective.
My flat had been suffering from rodent problem since early March 2022. HOA had done nothing, my property management company reached out 3-4 times to the HOA and no reply. The property management company sealed any pending areas, but this is temporary until the HOA gets the rodent situation under control.
Is there any way to push HOA to have a faster reaction?
Unfortunately there is no oversight for HOAs so to get a faster reaction is difficult. Many people complain about the lack of response by HOAs.
My Hoa charge $340.65 a month and the property is in bad shape no grass just weed containers wall in need of power washing My unit look like it haven’t been repaired in decade.The HOA is very frustrating., when I moved in tmy account showed a balance of $2400.00 I had to call them a lot lt two and half month to fix, when they did fix it I was charge late fees. They also charge $15,00 a month to make a payment. I really think something is crooked is going on. I think the Board needs a homeowners on the Board.
What outside groups (government, law enforcement, advocacy groups etc.) would help with: unauthorized spending by some Board members (circumventing financial controls with beyond historic spending and norms of Association including outside of the officer’s spending authority, not getting dual signatures nor Board approval per by-laws, etc.), sloppy to no financial statements, not granting new Treasurer full access to accounting system. In case it matters, note it is a 501(c)(4) property owners association.
I am seeking advice on where to turn for help on such problems.
Unfortunately there is no oversight committee available to report HOA’s too. The Coalition has been pushing for this for several session in the Texas Legislature but with little success. You will need to contact your representatives and ask them to create more protections for property owners and more accountability for Boards and management companies.
Does a developer run HOA have to file tax return for the nonprofit hoa? And if so, is that return public information? Any idea how to obtain if HOA refuses to provide?
If an HOA is incorporated, the HOA has various filing requirements. The HOA board (whether controlled by the developer or by owners) is responsible to ensure these filings. The developer (or a property manager) may have some responsibility (to the association) by contract.
For Texas non-profits generally, some filing requirements are described here https://www.hurwitassociates.com/nonprofit-registration-and-compliance/starting-a-nonprofit-organization-in-texas/ and here https://comptroller.texas.gov/taxes/exempt/faq.php. HOAs can be exempt from some of these filing requirements (sales tax, franchise tax), if they qualify appropriately. See https://comptroller.texas.gov/taxes/exempt/hoa.php.
In most cases, owners should be able to get copies of financial records, using the open records statutes. See the Texas Property Code 209.005 & 82.1411. Those statutes state certain procedures to follow.
Also, all condos, and some subdivision HOAs, must obtain audits, and these also should be available to owners. If a subdivision obtains federal 501(c)(4) status, which is not common, the public should be able to see its application and recent annual filings. See https://www.irs.gov/charities-non-profits/public-disclosure-and-availability-of-exempt-organizations-returns-and-applications-documents-subject-to-public-disclosure.
In a developer run hoa, do all board members have to sign and approve a dues increase? Or can just one?
You will need to refer to your governing documents as to how increases can be implemented in the subdivision and what the voting requirements are to make such increases. This type of issue is different in every subdivision.
My POA does not charge dues, we do not have a clubhouse, pool, boat ramp, nothing. The roads are maintained by the county. I never signed an agreement or belong to the POA. my lot with an outbuilding on it is under contract to be sold. I was told the POA needs to sign a variance because 3 corners of the building are in the easement. The POA will not sign it because they say I didn’t ask permission before putting up the building. The POA practices selective enforcement, I see many violations around me, nothing has been done to remedy it. What can I do since they won’t sign the variance and can they do this to me when they do not equally enforce the cc&r’s.
Why is there no State Agency that can audit or look into wrong doings of our HOA? I believe our HOA is most likely doing criminal activity and also making it so we can not vote on anything ever.
There should also be a way to Appeal decisions that do NOT involve the Corrupt HOA officers.
The Board of directors has also turned over ALL control of the HOA to the Management Company and they are all working together to launder our money or get contractors to fix things on their own property while saying it is the HOA common property (allegedly).
HOA’s are all just another level of corrupt governing body that needs to be eliminated in Texas!
The HOA Reform Coalition agrees with you. We have tried for years to legislate for an oversight committee or State Agency to govern over HOAs. Unfortunately our attempts to get such legislation passed has not been successful. We have not given up on this concept and look forward to continue to pursue this and other topics to protect homeowners.
This is a key issue. My HOA consistently violates or ignores legal statutes or founding documents. My only recourse is through an expensive legal action that platifs and defendants(us as well) have to pay for.
Can an HOA divide itself into three sections each having its own board and manager but keep the articles and bylaws from the original HOA? Also can those sections of HOA divide without documentation at the county clerks office? If each section doesn’t have their individual articles or bylaws but file amendments later to their individual section then naming that section for the documents at the county clerks office are they even applicable as changes if the changes are under each section identified with a different name then the original founding documents? Also does a board and manager have to file documents naming themselves during their tenure? According to our original documents and not finding any amendments to those documents filed at the clerks office my HOA is not delivering several things in those bylaws and articles. So even if the amendments filed under a different name are legal despite the name not matching what is my next course of action if they are in violation of their own documents. I have gathered a good number of residents to sign several certified letters to the board and manager. One letter is for the release of financials and voting records. The next is to address the changes in the bylaws that have no record on file at the county office. The last is to ask for a vote on a new manager because of her unprofessional behavior and failure to do her job in accordance with the bylaws and articles. My question here is when they refuse or acknowledge those letters or react to them at all is my only next step to gather the residents who signed those letters with me and hire an attorney? Is there nothing else I can do as a layperson? I can’t get on the board because the manager and board were never voted on to begin with. Those positions have always been passed by predecessor to whoever they choose to take their position. They are usually friends or relatives of the previous person in that position. Also the board and manager are not allowing proxy mail in votes. The issue is there are never enough people for a vote so the board and manager have taken to just making decisions in place of a vote. When I mentioned to the president that allowing people time to get, review, and mail in their votes with a proxy ballot was an option we should use so that a vote could be held. He told be that wasn’t allowed because of our bylaws but that’s not in the bylaws. Obviously they have no interest in holding votes so they can continue making every decision without oversight or majority consensus.
There are State laws governing HOAs but it has been my experience unless the laws are enforced by the local authorities, nothing will be done and HOAs can do whatever they want without punishment
Unfortunately that is true. I am going on the 4th year of a legal battle against an HOA that i lived in from 2007-2019. The fight continues because of personal vendetta’s of a very small group of people (3-5) with one main ring leader which continues to use Homeowner’s Dues to pay an Attorney to bully me.
They have kept themselves in power for over 15 years using election manipulation and fraud, (which I have proof of) and don’t follow anything, (CCR’s, Bylaws, and State Property Code), except what they want to do, which defies all three mentioned..
Can a neighborhood vote to disband/dissolve an HOA?
You will need to refer to your governing documents to see what the requirements are to disband the HOA. You will probably also want to involve an attorney to ensure that the process is done correctly.
My HOA is refusing to let me build a fence in front of my bedroom window that faces a parking lot and street. I have had a man attempt to sexually assault me in front of my property and want to feel safer and the HOA says that that will make my personal area too much bigger than that of others. Is this legal?
Fencing is an issue that has been quite popular. We are not attorneys so we cannot offer you any legal advice. In the last legislative session there were changes made to allow homeowners to put fences in on their property. However, the legislation has been interpreted by some as being to vague. Your best bet is to contact an attorney familiar with Property Right laws
Hello, In tx hoa, how can you deal hoa president that is stuck on meaningless items with driveway extension where its approved within in the bylaw but cant be close to property line by 3-5ft. They told me taper to avoid dead grass i filed a petition to the board but he is stuck on issue it will be muddy and create issue in the future, But i am seeing homes that didnt extend are having issues now. First the decoration pebbles were not allowed due to safety issues and now its “ok” within 3/4 months. how and what can i do to stop being harrassed and stressed by this folks
Our best advice is to ask to meet with the entire Board and attempt to resolve the situation with the other members of the Board
This is a new development. I sent him emails of other homes doing the same. At one point he said stones are not allowed and now they are ok calling it “personal property”. But the issue at the board meeting for driveway extension was never followed back by hoa till I got the invoice from lawyer and then when asked I thought it was resolved they said you need to remove the extension even after getting condition approval. This is really stressful for no reason and it’s within the rules and other homes extended their driveway.
We are considering buying a single family home in a relatively new master planned community in Bryan, TX. The community started in 2019 and ~200 out of the ~700 lots planned for single family residence have been completed and sold to owners. The developer has been running the HOA since the beginning but it appears that the way they run it has been uncommon. They did not attach “Current Balance Sheet”, “Current Operating Budget”, “Certificate of Insurance concerning Property and Liability Insurance for Common Areas and Facilities” as part of the resale certificate and marked those as “N/A”. When asked, they said that they did not have them, and that they did not prepare or discuss budgets during the board meetings that seemed to have been very rarely held. They would not share any meeting minutes.
Is this common for new communities? Could this be a red flag for the buyer since there is no way to review their financials and understand how well the HOA is run?
In our opinion, yes, you should question an HOA that cannot provide financial statement and the typical required documents for the resale certificate whether or not it is developer controlled. If the HOA is being run like this today, what will it be like in a few years. Sounds like the developer will be in control for quite a while.
Avoid buying in HOA controlled property!!!
You will always be an election away from problems
Texas HOA boards have tremendous power and zero oversight – your HOA property manager & attorney paid with your assessments will always support board members – even knowing they are wrong!
Owner/members have little recourse.
Yes, avoid purchase. We live in an HOA where the developer set us up for failure and the CC&Rs and BYLAWS are a mess. There are properties in the neighborhood not deeded to our development, ie we have not control over them. The Board has doubled our assessment twice in 3 years time – $200 to 800, and believes they have unlimited powers to do whatever they want with small minority vote approval. I would move or not purchase. We are planning to move as well.
How can I file a complaint on my HOA in Texas? They are pressing rules in home owners but fail to comply with their own rules.
Your complaint is a familiar one. Many folks want to file a complaint against their HOA. Unfortunately, one of the biggest problems with the HOA/COA/POA industry is that there is no oversight and it is very difficult for member to file and prevail with grievances associated with mis-management, selective enforcement of the rules and etc. There are some remedies given to homeowners available through judicial proceedings but those are very limited at this time. All of the power resides with HOAs and very little with the members themselves. The Coalition has tried and will continue to have the state legislature enact more protective laws for homeowners but also to have a oversight board to hear complaints and resolve issues with members.
I have questions about how exactly to help push for oversight reforms. I have contacted my state’s representatives and federal HUD authorities about the lack of oversight for HOAs in TX and how that is basically a breeding ground for Sunrise, FL tragedies and a whole host of other criminal and discriminatory behavior. We all have similar issues with our HOAs and it all boils down to no oversight and our only remedy being legal action which we are unlikely to prevail in. So my question is how do we take action as citizens and constituents to enact change for the fundamental problem of unbalanced laws in our system of justice, law and order? It cannot be that my federal rights are trumped by state laws aimed it seems at solely stripping me of those same federal rights. As a Texan and American it is unbelievable to me that I gave up all my rights and liberties to be treated fairly just by becoming a member of an HOA. It’s almost as if by becoming a member of an HOA I defected to some autocratic dictatorship. I know enacting change can be painstaking, long, and many times frustrating but I believe that it is also possible. It would be my hope that all of us sharing here can come together to develop a strategy that we put into action to right this egregious wrong we are all suffering under. How can we bring more attention to this issue? If not to help ourselves then at the very least to inform others before they find themselves accidentally signing away their rights when they join an HOA. I wouldn’t wish what I’m suffering or what others here have suffered on anyone and if I can prevent this pain from being inflicted on someone else I’ll give everything in that effort.
I learned by research, that the builder will send people to legislate in Austin when the bills come up and vote in the builders favor. We had one that never lived in our subdivision voting for us out here. I contacted Beanie many years ago about it to see what could be done. I believe he forward it to the right people. It takes action from everyone. You can’t buy a home without an HOA. That is NOT right either. It’s time to get rid of them.
Hello. my Name is Maria I’m a Navy 20 year veteran and 100 percent disabled vet. I need some help. I’m fighting an HOA foreclosure injustice. Been through two lawyers who have done nothing but drop the ball now I’m being evicted from my home twice. Please help.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
It appears our HOA has rules for me and not for thee, I am being harassed over a bench swing that has been installed over 11 years, one of the previous HOA board presidents have actually sat in and complimented the swing….11 years later we get a letter saying the swing is an eye sore and a nuisance, After driving through our neighborhood there is one house that really stands out with ample deed restrictions and upon further investigation I have learned that the property actually belongs to the sitting president of the MCHOA, her house looks more like a half way house. boat stored in driveway, uncut lawn, A frame swing in middle of yard, rotten tree stumps, un operative vehicles in drive and so on. Tuesday evening I am expected to attend an HOA board hearing concerning my 11 year old swing.
Selective enforcement is a long time problem with HOAs. Beauty is in the eye of the beholder. As for your 11 year old swing as well as selective enforcement, please vistit Attorney David Kahne’s website https://texashoas.org/faqs/ for more information on these topics.
POA should by law show financial records unless they are in Trinity,county Texas and refuse and the county officials refuse to enforce the law
I am in a legal dispute with my board. In the discovery process and after attending the last annual membership meeting for the purpose of electing board members, I observed how our board members are elected. The current board screens all individuals that want to be on the board prior allowing their names to be placed on the slate of candidates. The only way you know who is on the slate of candidates is if you actually attend the annual membership meeting. Also only those members present for the meeting are allowed to vote. Our association consists of 205 lots. Our Bylaws state that at any membership meeting where voting is happening, all property owners must be allowed to vote by proxy or absentee ballot. I am in possession of an email by a board member to another association member in which she informs someone in March 2021seven months prior to the annual membership meeting to elect board members that, after he has received notice in the mail the week prior to the annual membership meeting, that if he is still interested in running for the board, he can inform the board, and they will place his name on the slate of candidates to be voted on “by the members present at the meeting.”
My HOA is trying to levy a special assessment after only voting during a board meeting and not documenting what the vote was in favor for. I only found out about the assessment when I received a bill 10 days before it was due. I was told a letter was e-mailed (which I didn’t get) saying the vote was by the board during a July 2021 meeting for $70 to be due in March 2022. The July 2021 minutes say a vote was in favor of a $55 special assessment to be due in September 2021. The October 2021 minutes just say “Vote on Special Assessment”.
There is a section in the bylaws for Special Assessments that states:
“In addition to the regular annual Assessments provided above, the Board may levy special Assessments whenever in the Board’s opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under the Declarations. The amount and due date of any special Assessments shall be at the reasonable discretion of the Board.”
Texas Property Code Chapter 209 Sec 209.0051 (h) states:
“The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:
(6) levying of special assessments.
Does the Texas Property Code overrule the Bylaws? Do I have to pay this assessment?
Thank you for contacting the Coalition. In difficult times like these it, where the prices of everything seems to be going up and salaries are stagnate, it is difficult for folks to absorb these additional costs.
The Coalition always advises homeowners to pay their assessments. If you do not, the HOA may have recourse to file a foreclosure on your home. Better to pay the HOA, than lose your home over $70. The Texas Property Code does overrule the governing documents. So you will need to determine if the Board properly called a meeting and specified the agenda item. You also will need to verify that the Texas Property Code applies to your subdivision. It does not apply to all subdivisions in the State. **Disclaimer – Everyone’s situation is different and this is not legal advice**
I was a Texas HOAboard member in 2021 (term expired) and in October we had to vote on our new ACC committee. One of the board members wanted to be on that ACC committee. We were advised by the management company as well as the HOA attorney that it was ok for said board member to hold 2 positions. So we voted and made that board member a ACC committee member. So to be clear the board member is on two committees. Now its 2022 and that board member has another year left on his term. The new ACC committee is upset that a board member is also a ACC committee member which is causing problems as you can imagine. I did not find out that it was prohibited for a board member to be on ACC until we had already voted for it. What can we do now? Is there a higher authority that can get this board member off of the ACC committee? Can I report this to someone? Any help would be appreciated. Said board member is also an attorney. Which makes it even more complicated. Thank you.
The Texas Legislature modified the Texas property Code 209. If your subdivision fall under this statue you may find this of interest:
Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY. (a) In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.
(b) This section:
(1) applies only to a property owners’ association that consists of more than 40 lots; and
(2) does not apply during a development period or during any period in which the declarant:
(A) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B) has the right to veto or modify a decision of the architectural review authority.
(c) A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1) a current board member;
(2) a current board member’s spouse; or
(3) a person residing in a current board member’s household.
(d) A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:
(1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e) The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner’s request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.
(f) During a hearing, the board or the designated representative of the property owners’ association and the owner or the owner’s designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner’s application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g) The board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
(h) The property owners’ association or the owner may make an audio recording of the meeting.
(i) The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision’s declaration.
The statute is clear that a board member cannot be on the ACC committee. **Disclaimer – Everyone’s situation is different and this is not legal advice**
We used to have the board as the ACC committee, it gave the homeowners no place to turn if they disagreed.
If that board member has an ounce of integrity he/she will resign from one of the position, if not maybe the HOA attorney should visit a board meeting and explain the consequences of the continued double held positions. If the attorney still says it is fine, time to find a new attorney, because who knows what other wrong things that attorney has done.
Current TX law bars all board members from participating on ACC.
Is your neighborhood still under declarant control (in development phase)?
Our HOA attorney said no board member could be on the ARC committee
My home is in a small, residential area in a Texas suburb (80 homes total). Our HOA is not following what the Governing Documents state in relation to the Maintenance of “Street Trees” – which are defined in Gov Docs as the part of the ROW and “common area”.
* “Common Areas refer to that land and facilities in any one of the following categories: (ii) Any land and/or facilities within the areas on the Final Plat marked as “Unpaved Right of Way Dedication” or “Row Dedication”… or the unpaved rights-of-way of … ” And a list of all streets with “street trees in ROW” are specifically listed in the Gov Document as “Common Areas”.
*Note: on homeowner’s surveys and on the neighborhood Plat, this area where “street trees” are located is outside of the homeowner’s property lines. (trees are located in the grassy area between the sidewalk and street).
Our HOA Board refuses to acknowledge the Governing Documents, that this ROW property is to be maintained by the HOA Maintenance Association and has sent some homeowners with “street trees” letters demanding that homeowners replace trees, at homeowner expense, in the ROW that have died or fallen over due to storms, etc.
Can HOA’s require homeowners to plant trees on land that is ROW and/or not owned by the homeowner? There is zero mention in the Gov Docs of homeowners being responsible for replacing trees on land outside the homeowner’s deeded lot.
Also, these same “street trees” have been maintained by a long term board member (no longer on the board but still a resident). He sprayed these street trees with black paint for years, with the board’s knowledge.
Thank you.
Thank you for submitting your concerns. In our opinion, an HOA cannot make homeowners do anything that is not supported by the governing documents. The term “support” is deliberately broad but the authority for the Board to act or not act must be in the governing documents. We are not attorney’s, so this is not a legal opinion but just our understanding, based on our understand of what you say is in your governing documents and the Texas Statues, they do not have the authority to make you comply. But again we are not attorneys.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
How can I get involved with the hoa reform coalition. I live in a condominium. The lack of oversight or repercussions to Rogue Condominium Boards has got to change. What objections were there to expanding 209 to apply to condominiums.?
The HOA Reform Coalition absolutely supports your great idea about extending Texas Property Code 209 to condominiums. Senator Huffman did submit a bill in 2019, SB639, to do just that. Unfortunately, her bill did not gain any traction. Again, in 2021, Senator Huffman submitted a watered down version of the bill, SB318, to give those in condominiums the right to records. Absolutely more needs to be done so that those in condos have the same rights as those who live in subdivisions. It is the intention of the Coalition to take this issue on again in 2023. You can submit your email address on the home page to receive updates concerning our activities. What can you do now? Contact your State Representatives and Senators and let them know you need these protections and to support Senator Huffman’s bill. Your Representatives and Senators can co-sponsor the bill.
My HOA has denied me access to all voting and financial documents. Even the bylaws were denied to me for some time and when I did get a copy of what management called updated bylaws there appeared to altered from the originals that I had but there is no documentation of the vote that authorized those changes. When I inquired about this I was verbally abused by the property manager and later my utilities were randomly turned off by management without notice and with no reason given. Vehicles resembling mine and only mine were threaded with towing from visitor parking spaces and the property manager has demanded entry into my home without notice on numerous occasions during my work day knowing I work from home. To be frank, I am afraid of a Surfside Fl situation happening in my community because of mismanagement of funds and structures. I am also facing harassment and discrimination because I dare to ask about things it’s my legal right to ask for. I assume the main issue is my asking questions but since several slurs have also been tossed in my direction by management there could also be something about my person that motivates this individual to treat me worse then other property owners here. Since the freezing storm of Feb last year I have been living with a living room that has two walls missing down to the studs and a balcony with no ceiling and missing drywall from busted pipes in the wall. While some residents have had no trouble getting the HOA to manage their repairs in a prompt manner and with proper contracted repairmen, others are being sent the general property handyman. After that freeze some were even being denied repairs all together by the HOA and told to contact their insurance while others were being threatened with the financial responsibility of the repairs not only to their unit but to their neighbors units as well. What seems unequal or discriminatory is that in most cases the damage needing repair by all these residents is almost identical in nature and source, and yet the response from one owner to the next varies drastically with the only real variant being how this one person, the manager, feels about you personally. I have attended meetings hoping to bring my concerns to the board and the community. We are never given more then a weeks notice for a meeting. In our last meeting the board and the property manager announced changes to the bylaws. When I asked why we weren’t voting I was told there would be no vote and that the board and the manager had the right to change the bylaws without a vote and as they pleased. I know that this goes directly against the bylaws and articles of incorporation for my HOA but with no votes being held how is this to be corrected?
Sorry to hear about your frustrations with your HOA. Many folks have issues receiving documents from their HOA’s. It sounds like you live in a condo. The HOA Reform Coalition has been trying over several legislative sessions to extend the homeowner rights that are in 209 property code to condo associations. Extending these rights will substantially increase homeowner rights for those living in condos. If you would like to receive some attorney advice, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Developer owned POA-1) Can they make a special assessment annual repeating amount? 2) They filed for PPP loan (forgiven) for some of the neighborhood employees. But annual statement showed more of an expense for these salaries than previous years. Can financials still be requested from developer owned?
Thank you for submitting your question. In our opinion, even in developer controlled subdivisions, Homeowner are entitled to financial documents per Texas Property Code 209.005, if your subdivision fall under this section of the property code We are not attorneys but section 209.005 defines the rights of homeowners for records. For more advice concerning your individual circumstance, please consult an attorney.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has an issue with the Developers of our island resort. When the development was established in 2010 the HOA Declaration was very sloppy and the Development rights for future development was not written correctly. Now 12 years later they are trying to get us to do a “Reformation” of our Declaration to clear up their issues. At question is 1/2 of our common area that was in our 2010 Declaration. Everything I read in TUCA does not allow Common Elements to ever be removed once the first condo is sold. I am worried about the effect on my “Clean” title to my property and don’t want to cloud my title by removing “Common Elements” property. In all of my research I cannot find any examples of this happening and being legal
Thank you for contacting the HOA Reform Coalition of Texas. Your question is legal in nature and getting the right advice is important. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have worked onsite for an association for 11 years. Multiple management companies and employees have come and gone. Due to covid we suffered staff shortage resulting in work overload and a micromanaging board chair. I informed management company of work overload, requested support and committee memember involvement to ease work load. I also requested an update on actions being taken on board chair that was micromanaging me, overloaded me with work, yelling, and causing an uncomfortable work situation. No response, only action I got from them was to change my job title and assign me more tasks with no pay increase later to deny the occurrence. The last 3 months I have been retaliated against with false emails and accusations of mis conduct. I requested updates on restaffing my 2 admins and one maintenance personnel position and was told no suitable applicants applied. Not one interview in the past 3 months. Was requested to attend meeting at the management company to be told that the association board has decided to move in another direction and that i had the option of being relocated to their office 40 miles away compared to 15 miles away. I declined relocation due to hardship and child care and they advised me that they never fired me only relocated me. I have worked for association longer than management and in all 11 years not once received a writeup. Contractual agreement between both state we r staff of hoa but management can direct our day to day. I also signed an at will agreement with management company once we hired them. Need advise how to proceed and opinon on who Is my employer. Thanks
We are not attorneys, so we cannot advise you on this situation. Our best suggestion is for you to contact an attorney that is familiar with this area of law, employment, do determine what your options are.
Myself I would resign nobody needs the stress of this situation; There are too many jobs out there some you may like better. At a time when everything an everybody is trying to get our money don’t give it to the doctors
I am in a condo HOA in Texas. The BOD don’t meet at times set in our D&BLaws. We have 180 units, yet no one shows for meeting (never know when they meet). There is no quorum for voting (no one cares). A management company seems to control everything. No one seems to know who is even on our BOD, and management company is not allowed to tell. Is it better just to sell and get out? San Antonio, Tx.
My 150 family sub division has a lake that our rain water runs into. When it reaches a certain height it runs into a creek that eventually runs into East Galveston bay. Who does the lake belong too. Who should pay for the maintenance including, electricity, pump maintenance that circulates water into the air for oxygen that helps stagnation. IS IT THE HOA OR MUD DISTRICT
Sorry but we cannot answer that question definitively. It could be either the HOA, MUD District or some other entity. You will need to do a property records search to see who owns the property and the plat of your subdivision. It isn’t uncommon that while the MUD exists that this entity may help with the costs of such as these but when the MUD dissolves those costs are then the responsibility of whoever owns the property or is responsible for it
Question? For the past several years, our board has been dominated by just a few individuals. They call what the ostensibly say is an annual members meeting for election of board members. However, the only way you can participate in the election of board members is to be present. They do not allow absentee ballots or proxies. This last election the most votes any one candidate received was 29 out of possible 205. Since they do not comply with 209.00593, can this actually constitute an actual annual members meeting, since they exclude 86%of property owners? If not, then could a demand be made as given in TPC 209 for a membership meeting be made?
Many subdivisions have a lack of participation just like yours. So low attendance at annual meetings is not uncommon. As to what constitutes a quorum for the election of a director is determined in your governing documents. Start with your bylaws to see what they say about a quorum for the annual meeting. Do to the change in the state law requiring that an expired term for a director an election must be held, the position cannot be filled by appointment, the statute allows for a bylaws revision to reduce the quorum requirements so that director’s election can be held. It is not uncommon that 10 or 20% of the subdivision constitutes a quorum.
**Disclaimer — This is not legal advice. Everyone’s situation may be different**
In our HOA, the last several year’s annual meetings we maybe had 6 people one year we had 12, 6 were kids. We open and close till quorum is met. The last meeting where we met quorum was in 2011.
The homeowners are very quick to complain, but no one wants to get involved to help out, even with neighborhood events. It seems like they have all forgotten that if you want change come to a meeting. Social media won’t do anything.
Unfortunately my board does not even comply with the association Bylaws. By their actions they discourage participation.
I currently live in Shale Creek in Rhome managed by Essex. We have a continuous issue with the renters across the street. Daily we have very loud music, junk cars and curb mechanics being done all times of the day and night. Along with racing of loud (intentional) cars up and down the street. We have witnessed and filmed drug activity and all of the loud music and cars. We have sent it to Essex multiple times and nothing has been done. The response we get is we cant make them comply (from Lisa A. The Compliance Officer). We have had the Wise County Sherriff out multiple times and no matter what , the renters will just go back to the same thing when they leave. What are the steps we can take to hold the HOA for not enforcing the noise and junk car bylaws? we have pictures and video of all of this..
This is a tough one, it sound like you have done all that you could. You have contacted the HOA, you have contacted the sheriffs office. with no relief. If you live in a City there may be a Noise Ordinance that could be enforced against them by the City. You can go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Once a B.O.D. stops enforcing deed restrictions even a new board will not be able to enforce them. Ask MR. KAHNE. No way to run a subdivision
Our HOA has refused for several months to replace burnt out lightbulbs in our carport area. Lots of excuses and it has never been done. How can we solve this problem?
First you should consult your governing documents to ensure that the HOA is responsible for the lights on your carport. If so, send the HOA a registered, return receipt letter stating the section of the governing documents that requires them to repair or replace these lights. Try to meet with the Board in person to find out why they are not willing to fix the lights if they are part of their responsibility. Maybe you can offer to replace the lights in exchange for credit on your dues or reimbursement from the HOA. If they still are reluctant to resolve the situation then you should consult an attorney who can appropriately advise you.
If you haven’t asked and or they haven’t offered by T.P.C. you are entitled up to an 18 month payment plan. Your attorney should have known this. Ask for a hearing in executive session with the B.O.D.
My H.O.A. required a lease of no less than six months years ago before B& B’s. And this cannot be added and acted on if there is an existing B&B. However gett on a ballot and get it stopped before it proliferates
Arlington, Austin and Coppell have passed ordinances regarding short term rentals. For one thing, they are subject to the city’s motel tax and must get a permit. If there is an existing B&B, check state laws regarding B&Bs. See http://txrules.elaws.us/rule/title25_chapter228_sec.228.223
The builder of my subdivision did not enforce the rules / codes of my subdivision while they were in control of the HOA until the subdivision was sold out. This was approximately 4-5 years. They then turned it over to our subdivision HOA. Are the rules/codes now considered void because they weren’t enforced for so long?
Any help would be appreciated!
Per Attorney David Kahne’s Website https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am subject to two property owners’ associations, one the usual hoa, the second a ‘trails’ association.
The trails association on Jan. 10 emailed what it labelled a ‘pre proxy’ announcing a Feb. 10 annual meeting and soliciting board candidates. It is not a ballot or proxy form, just a solicitation for candidates.
To date I have not received an absentee or proxy ballot listing the names of candidates for the board. I write this on Feb. 2.
What are the required dates by which proxy or absentee ballots listing the names of all board candidates must be sent?
If the trails association is subject to the Texas Property Code, https://statutes.capitol.texas.gov/Docs/PR/pdf/PR.209.pdf these sections may apply:
Sec. 209.0055.VOTING.
Sec. 209.0056.NOTICE OF ELECTION OR ASSOCIATION VOTE.
Sec. 209.00592.VOTING; QUORUM.
Sec. 209.0058.BALLOTS.
Sec. 209.00593.ELECTION OF BOARD MEMBERS.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Copper Grove HOA has been billing me for owed dues as I got behind with husband being laid off, Covid, both husband & I are elderly & husband is a Marine Veteran. Tried submitting at least 3 financial proposals & was told board rejected everything. They put a lien on my house & threatened foreclosure. I sent emails to all the Houston media trying to put a stop to them continuing charges for attorneys, filings, etc., Charges for everything! A close $10,000 now & counting. We have no money & will be facing homelessness if someone doesn’t help!
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has filed a lawsuit against us for an injunction pertaining to the maintenance on our yard. The allegations are untrue, not to mention reliant upon subjective violation claims and selective enforcement. We are in fear of losing our home to foreclosure due to lawyers’ fees should they prevail. We had an attorney, but we ran out of money. I would be grateful for any advice,
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
If what you say is true you can file a complaint with the Texas Bar Association against any lawyer acting unethically. If the HOA is forcing you to maintain any of their property including the strip of the property where your mailbox and the drainage pipes or ditch is, that is the property of the HOA and if they force you to maintain it they are guilty of human trafficking, Human trafficking crimes, which are defined in Title 18, Chapter 77, focus on the act of compelling or coercing a person’s labor, services, or commercial sex acts. The coercion can be subtle or overt, physical or psychological, but it must be used to coerce a victim into performing labor, services, or commercial sex acts. I don’t think there are many bar associations that would support human trafficking by HOA’s.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
A major ethical issue exists when Owners of a condo community file a court petition for hoa books/records and choose to replace the hoa board and manager for general failure to adhere to bylaws and TX property law. However, the hoa attorney, that has been on retainer via the board and shares some of the responsibility in the hoa’s conduct, is allowed to represent the same board in the legal case by Owners against the hoa. Isn’t doing so a duplicitous role of the atty that gives the atty inappropriate advantage to affect the outcome in favor of the hoa.
Also, if the same atty intends to preside over an election of a new board, that the Owners want to conduct themselves, that may result in termination of the atty’s contract with their hoa, isn’t that also improper as a breach of ethics? Btw, the condo bylaws afford them the power to remove board members provided the Owners meet the quorum requirement.
Texas Property Code 209 talks a good game, however, talk is cheap. In my association of 205 properties, the vast majority of property owners are unaware of their rights that TPC 209 was written to protect. Consequently, in my case the board totally disregards any provisions of 209. The board has engaged in a defamation campaign against me on the association FB page. I am not allowed on the page as the amended their rules, such that if the board declares you not in good standing you are banned. The lack of knowledge about 209 within an association weakens the intent. I believe future legislation should somehow mandate information on membership rights and responsibilities. Maybe an overview of property code 209 that must be presented and explained to prospective purchasers in POA’s by the realtor, something that is given by title company at closing, and since associations are required to maintain web pages, they post those on their cites.
Thank you for your idea. It is a good one!! There are requirements on the HOA websites for information concerning the HOA directly but not necessarily the TPC209 and other Statues that have homeowner/condo owner protections.
It does more than talk a good game. But a property owner must be willing to either take their HOA to small claims court when they are not following it or any of the governing documents which are legally binding contracts between the POA and It’s Owners. Or be willing to hire an Attorney.
I have done both. Twice in Small Claims representing myself and once hiring an Attorney when the case was too big and a bit too complicated for me to handle.
Did you win?…we won but the POA is still breaking the law and the corrupt Justice of the Peace refuses to enforce the law
Yes, I did both times. I don’t know what you took them to court for. I took my HOA to court over misuse of funds which the Director had to pay back after I did a records request.
The second time I took them to court is when I had given my Proxy to another individual and they did not let the person in the meeting. In this case the Judge awarded punitive damages, which of course came out of HOA funds. So it’s like suing yourself and your fellow homeowners.
regarding the new fencing law. Westbury civic club did not post on their website or does not reply to my emails regarding the new fence situation and their requirements. What to do?
Thank you for contacting the Coalition. Have you sent a formal letter to the association and the board members with you concerns as registered, return receipt. This would be the first step to show that you formally contacted the association and you have proof that they received such communication from you.
Our HOA election process is not in compliance with our By-Laws and not in compliance with Texas Property Code. We need help. What can we do?
IF your association is subject to the rules in TPC 209 those should be the guidelines set for how to conduct an election and should supercede the bylaws. The best path forward is to have an attorney advise you on how best to update your elections and bylaws so that they are in compliance with TPC209
Our HOA has been collecting fees and holding the posting of payments (usually checks since they don’t offer online payment) and waiting (in some cases weeks) to cash the check, then assessing late fees. We know this because we are now sending our payments via certified mail. This is literally happening to 100s of homes in our community every month. Is there a required time to post payment? Should I report them to the AGs office?
You can try contacting the AGs office, but it is unlikely that the AG will do much concerning the situation. Your solution of using certified mail is a good one. Have you tried contacting the Board or Management Company to determine why payment processing is so slow?
October 2021 annual membership meeting, my board held an election for 4 open board seats. We have 205 properties in our POA. It is our boards policy to screen all candidates before placing anyone on the slate of candidates, and you are only allowed to vote if you show up to the annual meeting in person. About 30 property owners ever make the meeting. It’s not that they are ignorant of TPC 209, it is that they are willfully ignorant. I pointed out to the board the changes in TPC 209 about restrictions on members of the ACC. Our ACC consist of five members, one is also a board member and the other four are spouses of board members.
You are correct. TPC 209 states:
Sec. 209.00505.ARCHITECTURAL REVIEW AUTHORITY.
(a)In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.
(b)This section:
(1)applies only to a property owners ’ association that consists of more than 40 lots; and
(2)does not apply during a development period or during any period in which the declarant:
(A)appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B)has the right to veto or modify a decision of the architectural review authority.
(c)A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1)a current board member;
(2)a current board member ’s spouse; or
(3)a person residing in a current board member ’s household.
Sec. 209.00591.BOARD MEMBERSHIP. (a)Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner ’s right to run for a position on the board of the property owners ’ association is void. Please read the rest of this section for further details concerning Board Membership
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have water damage on my condo, the association is aware and in fact sent out 2 companies for estimates. This has been going on for 8 months, they won’t answer my calls. I mailed a certified letter they signed for it, yet claim they never received it. I am at my wits end. Do I need to proceed with litigation?
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am interested in any actions a HOA has taken in regards to regulating or prohibiting short term rentals.
You would need to address your question directly to your HOA and what policies they have established concerning short term rentals.
Wouldn’t any ‘rules’ need to be stated in the governing documents of the HOA, as filed in the local county courthouse? Usually they are in the Deed Restrictions document because even if an HOA is abandoned, the deed restrictions ‘go with the land’, as they say in Texas law.
AS you may know, this issue was brought in a lawsuit that went to the Supreme Court. On May 25, 2018, the Texas Supreme Court, in a unanimous decision authored by Justice Brown, held that short-term rentals are NOT BARRED by the widespread, typical “residential use only” deed restrictions. Policies are definitely NOT sufficient. There are now more than a dozen lawsuits filed against HOAs which amended their CCRs to forbid short term rentals, i.e., the use of residentially zoned homes as a motel and some times used as “party house.” AirBnB et al are multi-million dollar businesses. The cost of their numerous lawsuits is just the cost of doing business but can be a hardship to HOAs. Our POA has a dozen or more CCRs for different areas. Getting an amendment to our CCRs will be difficult to say the least and may result in a lawsuit against us. I do not like the idea of these associations being able to regulate our property to the nth degree but short term rentals disrupt the neighborhood. These short term rentals are analogous to the so-called “Lemon Socialism,” where profits are privatized, and risks are socialized. The advantages of short-term rentals (i.e., increased income) are reaped by individual property owners, while the potential downsides are borne by the community as a whole.
What is the best ways, to deal with cyberbullying of fellow residents on our HOA FB page? Board of Directors are well aware of this bullying and sometimes participate in this bullying. I believe this is a violation of the target(s) legal rights to “Quiet Enjoyment” in the CC&R’s. I was thinking about complaining directly to HUD, but since the targets of the cyberbullying are not in a protected class, I don’t believe a complaint can be filed with HUD. Any legal channels or advice you could give would be very helpful. Of course since we have Director’s that either participate, ignore, or encourage the bullying, we also have selective enforcement of the CC&R’s, but that is a different battle.
Cyberbullying is a difficult issue to tackle. The first question to ask is the HOA FB run by the HOA or by members of the community? So the first question to answer is who are the FB admins. If the HOA FB is being operated by people other than the true HOA entity there may be little that you can do. But if it really is a HOA FB page run by the HOA or the management company, rules for posting on the site should be established to avoid the cyberbullying that you are experiencing. Rules like being “being kind and courteous”, “no hate speech or bullying”, “respect privacy” and etc. The FB admins need to remove those posts that do not follow the community rules. If there are people that constantly break the community rules, then they may be blocked from posting on the FB page. Yes, FB can be a valuable tool to a community but only if it is being used appropriately. HOAs have been successful in maintaining FB pages that are not full of drama but that takes diligence to review what is posted and when people complain to response to such complaints.
It is unlikely the HUD will do anything. It may be possible to make a report directly to FB to see if posts are in violation of FB’s standards.
**Disclaimer — this is not intended to be legal advice”
How HOA has refuse to fix our siding for years base on our race. It states in our by laws that they are in charge of mowing and all outside siding and repairs. To top it off we learn they are not update to date with the state of Texas HOA. All white owners are getting new sliding done to the townhouses in past a few years. But us color brown people get zero done to our house.
Thank you for contacting the Coalition. This is very hard topic to address due to the nature of the allegations that you are making. Our best advice is for you to contact Attorney David Kahne at his website website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA board decide to collect Fees $75 for so called exterior modication per item. Such as fences, paint, even to lay flag stones. Is that legal? And conducting by HO managements company.
Typically, HOA boards are given the right to create “special assessments” in order to cover the costs of project in the community. This is not uncommon but you will need to look at your governing documents to determine if your particular HOA was given the right to create “special assessments” and if there are any limitations on such assessments.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Check your bylaws and see what they say about public areas.
The courts look at the conditions and restrictions as a business contract. Along with the bylaws. TPC 209.0051 list 15 items a board cannot vote on without first placing it on an agenda for an open board meeting.
My experience is that my self manage board really doesn’t care what’s in the C&R, Bylaws or the Texas Property Code. However, this last legislative session, the legislature placed in TPC 209, the right of any property owner to sue in JP court for violating property protections granted in 209. Far less expensive than filing in district court.
Why are there not laws that say that a declarant owned HOA must be turned over to homeowners by a certain period? I live in a community where it is ran by the HOA President/developer for the last 18 years and it is a complete joke. There are no laws that protect the homeowners in this case. He has also written the bylaws that as long as he owns one lot, which he lives here, he remains the final say on anything the board does even if he doesn’t get re-elected to the board? Where are the homeowners rights and protections here? He also controls and runs the ACC as well. He’s a tyrant.
Thank you for contacting us. We understand your concern about a declarant who has maintained control over the HOA for what seems to be a long period of time. Your governing document will mainly control when the association is turned over from declarant control to homeowner control. One section of the Texas Property Code 209.00591(c), if your subdivision is subject to this sectgion, does provide some guidance as to the make up of the board.
This 209.00591 (c) states: “The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded. ”
***Disclaimer: This is not intended to be legal advice. Each circumstance is unique. ***
Our HOA recently stated on an open meeting, the HOA Attorney informed them that for the last 40 pus years, no Board had authority to enforce deed restrictions because the developer never signed over the ASSUMPTION OF POWER. I did ask the President if the Board had no authority to enforce deed restrictions, then what gave the Board authority to collect maintenance fees. I requested a copy of the Attorneys opinion on this matter yet never received my request. I did find a QUIT CLAIM signed by the developer and the HOA.
Would the quit claim be the actual document where a developer turns over all authority to a HOA?
Thank you.
Typically, the time that the developer turns over the HOA to member control is defined either by the governing documents or within the Texas Property Code. Since an attorney has already been involved in this and rendered an opinion, we would suggest that you contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
In discovery documents related to civil suit was information I discovered about a real estate transaction at the expense of the association members. In October 2017 at an annual membership meeting outside of the approved agenda, the board president brought up concerns about an undeveloped section of our association. 40 members of 205 were present, no proxies or absentee ballots were allowed in the vote for board members. The board president had stated she received a call from an individual that had purchased the land and wanted to develop it, but didn’t want to be under our covenants. She proposed that the association sever ties with this section. What they did not tell everyone was that the association owned all common areas and roads in that section. The motion was changed to allow the board to vote on the severing of this section after consultation with association attorney. November through March there was no vote taken to sever ties and transfer real estate or was it placed on the agenda. March 2018, in a vote with out a special meeting of the membership was initiated by the board through the mailing of absentee ballots and proxies. The results of the election to remove this section from under the deed restrictions was never announced. May 31, 2018, the board president and treasurer filed in county records that the vote to sever ties was passed with at least 51% of property owners voting in favor. On that same day, a deed transfer was recorded stating that on October 17, 2018, the association membership vote to deed over all property owned by the association membership. This was factually false statement.
I know that an amendment of the Covenants and Restrictions requires 67% vote
I know that among the 15 items that a board cannot vote on without informing the owners is the sell of real estate.
I know that any person has a right to request a recount within 15 days of the vote or the announce of the vote which ever is the latter.
Approximately 30 acres were transferred with a value of approximately $300,000. In 2019 the board doubled the annual dues because of lack of funds.
In this paperwork I have discovered that at least since 2015 the board has not complied with any provisions of Tex. Prop. Code § 209.00593 Election of board members. The same election committee each year restricts access to members seeking to place their names on the slate of candidates for the board. They do not allow any votes outside of the annual membership meeting for the purpose of election board members, either by proxy or absentee ballot. They do not inform the owners of the slate of candidates for the board outside of the meeting. They do allow nominations from the floor.
I am concerned that this board is engaging in organized criminal activity.
Thanks for contacting the Coalition. You are correct, if your association falls under the Texas Property Code, the election process that is specified in the code needs to be followed. There are a lot of issues that you brought up that are beyond the Coalition. We are not attorneys. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Is it normal for HOA to store funds directly onto a lockbox to a bank that’s not even in Texas but Georgia ? Please let me know
Thank you for contacting us. In our opinion, this does seem strange for an HOA to store funds directly in a lockbox unless it is a small Petty Cash fund. All kinds of questions come to mind like: Why are they storing funds in a lockbox and what is the justification, How is the money being accounted for in the HOA ledger, Who has access to the lockbox, What processes are used to account for the money going in and coming out of the lockbox, etc? In our opinion, this is not appropriate. Even a small petty cash fund should have a structure around it as to how the funds are disbursed and how the fund is replenished.
I don’t know all the specifics but this is supposed to be the process:
1. Checks are mailed to a lockbox to prevent theft. The bank opens the lockbox each business day, accounts for the funds, and deposits them in the HOA bank account.
This is what you should ask your HOA.
We do agree, if the lockbox is solely to store the checks for security purposes and are directly deposited into the POA account then this would be a justified reason.
There is a dog being left outside In 44 degree weather in KB homes Sundance crossing. It cries all the time during the night or day. I contacted the police and they said they tried knocking on the door but no one answered so they can’t do much and also the weather isn’t like the winter storm in February. This dog is clawing at there back door constantly and crying out loud. He told me to contact HOA.
Thanks for contacting us. Your complaint is a common complaint whether someone lives within an HOA or not. Barking dogs can be a nuisance to the entire community. If you contact your HOA, what do you expect the HOA to do? Most likely the HOA can send a letter to the homeowner asking them to do something with the dog. Even if the HOA went to court over this, it would be several months or years before it is resolved. You stated that you contacted the police department, have you tried to contact animal control or the SPCA and see what options may be available there. These types of organizations are more equipped to deal with this situation than what an HOA can do.
Is there a way out of paying association fees if they do not offer any services (pool, tennis, basketball, etc) that we as homeonwers are meant to ahve by participating? so many houses have run down fences and loose dogs. The sidewwalks are destroyed and nothing is being done and there are no meetings under the excuse of covid which is ridiculous as its 2021 and it can be done virtually. What exactly am I even paying them for?
Thank you for contacting the Coalition. We know it can be frustrating to HOA member to pay dues when expected services within the community are not being done. However, the Coalition advises, whether or not the HOA is providing expected services or not that you pay your association fees/assessments. HOAs have been given the ability to foreclose on your home for non-payment of dues in a fairly speedy process. Do not lose your home over this. Pay your dues. As a member of the association, you have a right to see and request a copy of the financial reports to find out where the money is being spent.
HOA has allowed LLC to become inactive. What are the implications of that?
Honestly, we do not know the implications of the LLC becoming inactive on an HOA. Not all HOAs are LLC to start with but are registered organizations. Some HOAs are 501c4 tax exempt organizations and other are not. You need to contact someone who is more familiar with the implications, if any to your HOA.
If a board member has been denied the right to speak at a Members meeting pursuant to Texas Property Code Sec. 209.0051. OPEN BOARD MEETINGS. (c-2) A board meeting may be held by electronic or telephonic means provided that: (1) each board member may hear and be heard by every other board member: Should the meeting be terminated then?
You bring up an interesting aspect concerning meetings and the ability for Board members to speak. There are Boards where certain Board Members are prevented from speaking. One would think that Board Members should have the ability to voice their opinion during member meetings. With that being said, there is no automatic adjournment because a member is not given the ability to speak. Adjournment would need to be done via a motion and follow Robert’s Rules of Order. The Board Member may have the right to sue the HOA if they are not being given and opportunity to speak. But this is something that an attorney would need to advise on.
As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Where can I find HOA laws for Developer run POA? Assuming they have some differences in nonDeveloper run POA’s?
In general, the same statues that governing both Developer run POAs and non-Developer POAs. Some of the statues are applied equally. Other sections of the statues will have exceptions for Developer run POAs. In general, there are less statues covering developer run POAs.
Can HOA in Texas put a lien on your property solely due to fines or violations?
The short answer to this question is if your HOA has judgement against you concerning fines and violations the HOA can file a lien against your property. This is a common practice by some attorneys to ensure that the property records reflect that such judgement has been issued and to let general public know that if this property is sold, that there is an outstanding debt or violation that needs to be addressed at or before closing.
If you would like to consult an attorney about your particular situation, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
The property I reside has not emptied a construction dumpster since May 2021. The dumpster is overflowing and a filthy eyesight. I have contacted the HOA twice and basically have been told that there are two HOA governing entities and they both are denying responsibilities. I pay my dues and the emptying of the dumpsters on the property is included. I need help.
Your complaint about your HOA not fulfilling their duties is not an uncommon one. Whether it be not dealing with the dumpster, mowing common areas, maintaining amenities and etc complaints like these are very common. As for a suggested path forward, since both HOA entities are denying responsibility, the first thing to ask them is if they are not responsible then who is? If they are pointing fingers at each other, maybe you can help them find a common ground where each HOA entity pays half to get rid of the dumpster. If there is no resolution or the HOA entities don’t know who is responsible, we suggest that you contact Health and Human Services or the Sanitation department for where you live. Make the case that this is an unsanitary thing and needs to be dealt with. Provide them the information concerning which HOA entities you believe need to deal with this, the names and contact information along with the dates that you met with or spoke to these boards, who you spoke to and a summary of what was said. This will help the government agency understand the process the you went through to resolve the situation.
Thank you for guidance.
Here’s one for the ages. October 2019 our b.o.d. was given a letter from the mayor of Onalaska Texas. Saying that because our entrance street is a main traffic thoroughfare it now belongs to the city. Under the Texas bill of rights the only way they can get our street is by dedication of the members, disrepair, or by paying for it. To this day our b.o.d. has done nothing. I filed with the police department in February. The police chief did an investigation and interviewed our president he responded that the city could have the street. In order to dedicate a street the board needs 25 percent of the members to agree. Yet most members do not know that the city stole our street. Unless you have been to a meeting you were not informed. It’s my belief that our president and all officials of the city should be in jail. P.s. on the agenda I took this matter to the city council twice. They went silent and refused to reply.
Let me know what you all think
In our opinion, the Board and City should have been more upfront about what was going on with the street. There may not have been much the HOA could do. If the City needs a certain property for the betterment of the community, the City can exercise its right of eminent domain. The right of eminent domain will trump the DCR voting requirement to deed property to an entity. Most cities do not want to do this except as a last resort. Based on what you said, it sounds like the HOA wasn’t going to fight the City in taking over the property.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Is there a law that requires an HOA to follow their governing documents?
To our knowledge, there is no law that requires an HOA to follow their governing documents. There is a law that states that if there is a violation of the State Texas Property Code 209 then an owner in the subdivision can bring a lawsuit against the association to Justice Court (TPC 209.017). There have been laws proposed in the past to require Board Members to acknowledge that they have read and understood the governing documents for their association but these proposed laws were never passed.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
There’s not a specific law. But the governing documents are a contractual agreement between the Association and it’s members. Therefore you can file a case for breach of contract and even do so in small claims court as long as the amount is under $10,000.
I have filed twice against the HOA I was living in.
Great information. Thank you
We as a community have a bad and seemingly illegal situation. Our Board of Directors have refused to follow the governing documents. It is a condominium HOA. Their latest act is to refuse to step down by denying us of an election to elect new board member. The election was to be third Monday of October. The presidents two year term has expired, the treasurer has one more year on his term, and the third member has always been ignored but was appointed to fill a vacancy. There is some serious financial concern in the community. This BOD as currently constructed has made themselves responsible for next years budget and possibly a special assessment. This can’t be legal. I would like to halt all actions of this BOD until after we have a proper election. We can call a special meeting to remove the BOD and appoint a new one. It would require 51% of the owner and I think we have that. Can we block their activity? And, who in Dallas county can we turn to for help. The community is Turtle Lake Estates in Irving.
Unfortunately, the protections that have been given to HOAs that require elections for Board members when a term expires has not been extended to Condominium Owner Associations (COA). The Texas HOA Reform Coalition has support the extension of this provision as well as many other protections that HOAs have to COAs. In the 2023 Legislative Session, we plan to continue this on our platform until these protections are available to those in COAs.
Can you block their activity? That is a legal question, please contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has had a contract with a local golf course (that is not linked to our neighborhoods) for many years now. It is up for renewal this year and the HOA plan to auto-renew the contract unless more than 51% vote to stop the renewal. The issue is that they are requiring the votes to be submitted on a website that only about 10-15% of the neighborhood is registered on. Can you advise if they can require voting this way as I thought a written poll should be acceptable as well. Thank you!
The question is the contract that is under consideration requires a vote of the entire membership or can the Board act on the contract without member approval. If this is just a normal contract where the Board has the authority to act on the contract without a vote of the membership, then the “informal” vote (poll) that they are taking is to get input from community that has shown an interest in Board activities. So for those who want a say on this, then they need to be registered on the site to have their voices heard.
If your governing documents require that a contract such as this requires member approval one would think that if only 10-15% of the subdivision is registered on a certain site that a Board would take this into consideration. Instead of providing this as the only means of voting, that a written ballot could be submitted or vote electronically via the site.
We just moved into our new home last October (2020). I built a flower garden in the front yard and have many potted plants. Just received a notice of “non-compliance” from the HOA for violating community law of “visible garden.”!!! Is this even legal to threaten a home-owner in his/her own property? Doesn’t the constitution guaranty certain rights to private properties? My question is – can I take any legal action against this tyranny and expect to win? Thanks
Thanks for contacting us. Your complaint is not uncommon. There are many rules and regulations that are agreed to when someone purchases a home in an HOA. Your home is not your home, the community controls what modifications and improvements you can do to it that are stricter than building regulations. These are the freedoms one gives up when living in an HOA
If you would like to see changes in any of the CCR’s or Bylaw’s of your HOA you do have recourse. Look over the governing documents of the HOA and you will probably find where homeowner’s can call for a special meeting and in that special meeting a Bylaw or CCR can be changed. It’s a higher standard for a change in CCR’s than Bylaws in every case I have dealt with.
The problem I see when people move into an HOA is that they never read the governing documents before they move in. That is like signing a contract without reading it.
I lived in an HOA for 12 years, was Treasurer and President. I am not an Attorney.
LoFH sent notice to remove garden pergola which has been on property over 4 years. Neighbor (1) across the street is the LoFH Treasurer. Picture attached to notice came from his second story window. Neighbor (2) adjacent to him has sent many notices about parking of our RV. Two years ago we hired an attorney and negotiated a 48 hour parking limit. All notices since then make no attempt to monitor time. We hired an attorney to send LoFH and both individuals a cease and desist letter. Neighbor (2) asked to discuss that letter in a closed executive board session. At the public September Board meeting when the Board was going to go into Executive Session I inquired how they would address the conflict of interest. The Board and Inframark Property Manager ignored the question and proceeded into Executive Session. Our Board does not allow Resident review of Minutes. After the Board approved September minutes at the October meeting and they were posted on the Association webiste, I reviewed the minutes. It does not mention my objection. The State of Texas does not have a public agency to receive complaints against HOA’s. What options should I consider for the November meeting?
According to Attorney David Kahne concerning the statue of limitation on deed restrictions, this question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
Our suggestion is that you request to have a meeting with the Board to discuss your situation directly. Any documentation that you have for the length of time that the pergola has been in place as well as any documents allowing you to park your RV bring with you as evidence of your position. Try to resolve this as neighbors first.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Some months ago, there was a by-law committee meeting of which I was a member. One of our proposals was to increase the terms of board members from 2 to 3. All four of us agreed. However, I requested information on how to bring this change to the board since our by-laws state that members can “amend or repeal” a bylaw. But there is no procedure. The board ratified all our proposals and filed them so that the 3 year term will be effective in at our annual meeting in a couple of months.
I requested that the board ask members to ratify the new terms at that meeting and the president has said there is no need since the board has already ratified. Our by-laws stated (7.07) that members can amend or repeal a by-law but does not provide any procedure to do so. I have no problem with the 3 year term but do have a problem with the board being able to unilaterally determine their own terms. I have submitted an amendment to 7.07 that would mandate any changes in the number of board members or the terms of office must be approved by the membership. Now I must appear before the board to discuss this amendment. Any suggestions on how I should proceed are very welcomed.
This is a common problem of HOAs where the Board can amend the bylaws without a vote of the membership. Typically, the governing documents cover what is needed to amend the bylaws. It sounds as if your bylaws are silent to the procedure. The first thing you can do since you have a bylaw committee is modify the bylaws stating that the Board cannot modify the bylaws or repeal bylaw(s) without a favorable vote of x% (typically this is 10 – 67% pending on the subdivision) of the membership. The procedure to change the bylaws then can be developed and placed in your governing documents.
It is very important that it is clearly stated that “the Board cannot modify the bylaws or repeal bylaw(s)”. This will prevent future Boards from making Bylaw changes without consent of the membership.
If your subdivision falls under Texas Property Code 209, then at a minimum the Board needs to consider the bylaw change in an open meeting that has been properly posted.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Thanks for your comments. The by-law committee finished its work and the board ratified everything, including a increase in the terms. I have now been told to appear before the board with a “change” which would require the board to have members vote on the terms and the size of the board and will ask for them to set up a procedure that allows us to vote on the bylaws.
My HOA denied my request for solar panels because they are “causing unreasonable discomfort or annoyance to persons of ordinary sensibilities”. My request for an appeal has been ignored. Can I take that as a de facto approval?
If your HOA is subject to Texas Property Code 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm the section 209.00505 requires that the Board hold an appeal hearing if you have requested one.
Also, Texas Property Code 202 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm may also come into play here. Section 202.010 Regulation of Solar Energy Devices where states: except as otherwise provided by Subsection (d), a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. Essentially, the HOA needs to provide a path for you to have solar panels and cannot prohibit them by saying “just because”. In section (d) it does provide the HOA the ability to have your solar panels removed if you do not get approval. Our suggestion is to work with your HOA in light of these requirements.
If you need or seek legal advice, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA misidentified a violation, so we called upon receipt of second notice and resolved the concern. However we then received a third notice and fine after resolution and the HOA refused to acknowledge the error or waive the fine after we both called and reported the error and had a BOD hearing. What if any recourse do we have? Should we pay the fine even though it shouldn’t have been assessed in the first place?
It seems that your HOA is being very unreasonable. In our opinion, they should just waive the fee. You contacted them that a mistake was made, they agreed but yet the situation wasn’t resolved and now you have a fine. Fines can escalate in costs as additional charges and fees are added.
At this point, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Take it to your precinct’s Justice of the peace file against the B.O.D. for failure to over see the deed violation was corrected in the assessment of the fine. But first send a certified return receipt requested letter explaining dates and how this infraction was corrected. Wait for a respond. I am not an attorney. Consult with one. Some are free and others generally less than $150.00
Our HOA just informed us that they intend to place their own speed cameras in the neighborhood, issuing speeding tickets of up to $335. It seems that the legality of this varies in other states’ HOA laws. I know that it’s prohibited for authorities to use speed cameras/red light cameras in Texas. Does anyone know if restrictions apply to an HOA trying to enforce this? It seems way beyond their remit.
In our opinion, is beyond what an HOA should be doing. It somewhat reminds us of the case in Florida where a Neighborhood Watch Committee member overstepped his bounds, see article https://www.cnn.com/2013/06/05/us/trayvon-martin-shooting-fast-facts/index.html How far can an POA reach in cases like this whether it is speeding, neighborhood watch and etc can lead to additional liability to the POA.
Governor Abbott in 2019 signed the red light camera ban into law https://www.dallasnews.com/news/politics/2019/06/03/gov-greg-abbott-signs-red-light-camera-ban-into-law/ How this exactly applies only to speeding is a debate as well as whether or not the HOA can fine for this. The ability for an HOA to fine for speed may be dependent upon if the roads in your subdivision are private or public.
Fundamentally, HOAs should stay out of police matters. The HOA can remind residents not to speed, request patrolling during periods when speeding is more prevalent, have “whats your speed signs installed” and so forth. A more appropriate solution would be for the HOA to hire off duty police officers to enforce speed limits.
With that said, your best option is to contact an attorney to determine what your rights are.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our Master HOA, Craig Ranch in McKinney TX approved their budget at the last board meeting but did not disclose that there would be raises to dues until I questioned them and then they said dues would go up 14%. This was on top of 10% last year and 7.5% the year before. I thought they had to inform up of the increase prior to the vote. They then sent out an email to the residents about events happening and buried in it the increase to dues. Now they’ve decided to hold their board meeting at 4pm instead of the usual 6pm.
If your HOA is governed by the Texas Property Code section 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm. Yes, there are some requirements, specifically section 209.0051 Open Board Meetings. In this section, it outlines certain votes that require an open meeting for consideration and a specific amount of time (144 hours) for the posting to be made before the meeting. Your governing documents may specify limits that the Board can increase the dues before a vote of the entire membership needs to be taken. As for the time of the meeting, check to see if your governing document specify a time that Board meetings need to be held at or no early than.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I bought the property. But the HOA had a lien against the previous owner .
I had nothing to do with that . I shouldn’t be responsible for that debt. So why didn’t the HOa put the lien in the new house of the last owner. ?
That lien should not be on my property that is unfair.
This does seem unfair and something that should have been resolved during closing such that any liens be paid off so that the title to your property was clear ownership to you. You may want to go back to the place that did your closing/title search and ask why these liens were not paid off as part of the closing on the sellers side.
Since there are legal aspects to this question, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Yes, it should have been settled through the closing process. The title company should have checked for liens on the home so you would have clear title.
The HOA should have issued a resale certificate on your home which is suppose to show what amounts are owed by/owed to, the seller and buyer. And that resale certificate should have shown these amounts. The Title Company should have made you aware of the resale certificate and asked for your approval before being put in the closing documents.
Texas Property Code Chapter 207 requires an HOA to provide disclosure. This disclosure/information is done through what is called a “resale certificate.
Here is a link to that resale certificate.
Click to access 37-5.pdf
Disclaimer: I am a previous President of an HOA, and not an Attorney. This should not be construed as legal advice
So in 2017 I filed a fair housing complaint against my HOA. In a current lawsuit discovery my HOA turned over documents from 2017. During the Fair Housing investigation, a board member, a retired Police Detective, paid for an extensive background investigation of me and all my family. Included in the investigation documents was my families SSN. Is this legal, to obtain and use someone’s SSN without their knowledge, and then to share it with the board members?
We completely understand your concern here. Especially with the number of folks who have had their identities stolen using information such as social security numbers (SSN). Even in the Texas State Statues, with respect to renters, there is allowed information for a POA to receive but one of those items that cannot be collected is SSNs. So one would think that members of a POA would be afforded the same consideration. However, since this is a legal question, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I was an trained investigator in the Air Force among many jobs. In the process of dealing with my homeowners association board, I discovered that since I moved here in 2015, the board has run a scheme whereby the same few are always elected to the board and they limit who can get their name on the slate of candidates, mostly the same 5 to six people over the past several years in violation of Texas Property Code 209.
I am in a lawsuit with the association to stop the taking of my home after the board engaged in malfeasance in to amend our covenants by collecting Proxies after the fact. The change was implemented to affect me.
I turned over what I learned about the election of board of directors, he amended our petition to the to the court and shared with the association attorney what we have learned. There has been nothing but crickets. Given that the property code states that any board members elected in violation of the statute is void, do we still have a board? If not, how does the association go about reestablishing the board. Also during the period that the board was invalid, the board sold about $600,000 in teal estate owned by the association without the proper notification in 209. Can the membership seek restitution?
Unfair election practices can occur in any HOA especially since HOAs make the rules governing the actual election itself. The is no unified election procedure for HOAs to follow. There is some aspects that are covered in the Texas Statutes like recounting votes, who can run for a Board position, how to handle ballots and etc. Your question is very specific to your subdivision and is a legal question, please contact Attorney David Kahne and post this question on his website https://texashoas.org/ at no charge.
Our hoa dictates everything that is within the fence of the homeowner that are invisible to the outside. For example, the HOA would not allow homeowner to switch out dying grass due to lack of sun (because of the proximity of the house next door, thus creating shade) to synthetic turf. Do you know of any potential solutions to this? Thank you so much!
Unfortunately, this is what life is like in an POA. When you purchased your house, you agreed to be bound by the governing documents and the associated restrictions, whether visible or invisible from public view. What you can do is try to formally request that you be allowed to put in synthetic turf by going through the normal processes. There are some new state statues, if applicable to your POA, Section 209.00505 where if your application is denied, the POA provides you with the reason for denial and provides you the ability to appeal to the Board. Maybe this is a way to have your issue heard by the Board to receive a variance to the current written rules. In most cases, the ARC committee cannot grant a variance, however the ARC may weigh in whether or not a variance should be granted. But the Board can grant variances.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Xeriscaping is a Texas law. Click on the link I am including. Texas law overrules HOA DCCRs. You are conserving water with artificial turf. Case closed.
Thanks! Would you include the link again? I might have missed it!
https://codes.findlaw.com/tx/property-code/prop-sect-202-007.html
My TX HOA has a bylaw that “regulates” who can be at my home if I am not there. This includes my blue ribbon 27 year old grandson who has 2 college degrees, is gainfully employed and has never been in trouble with the law. Furthermore I can’t employ a house or pet sitter if I am out-of-town. Has anyone ever heard of a restriction such as this?
This is the first time we have heard of any restrictions along these lines. Maybe we can get some input from those who follow this site and see if there are others that have similar restrictions.
I’m not sure about this. And I don’t have the time currently to dig intro it. But I did find a resource page that may help.
https://www.hopb.co/texas
-I’m not an Attorney, just a Previous President and Treasurer of an HOA
I want to know if there is a cap on fees that the hoa can charge?
Would love to discuss my issue.
Fees and fines are two issues that the HOA Reform Coalition of Texas has tried to put limits on in the past legislative sessions. Unfortunately, we have not been successful in creating hard limits in these areas. The Texas law uses the terminology “reasonable” when fees and fines are used. Therefore, fees and fines are currently controlled by the POA governing documents. Texas Property Code section 207.003(c) does have limits for the preparation of documents for a sale of a home https://statutes.capitol.texas.gov/Docs/PR/htm/PR.207.htm
The HOA Reform Coalition of Texas will continue to pursue limits on fees and fines since these can significantly burden homeowners.
Note: This is not legal advice.
All deed restriction violations in my subdivision is $1000.00
I just received a notice of violation for my trash cans being put out to early. My Trash Cans have been in the same place for 15 plus years (not kidding). Along with several other neighbors who store them in the same area. I’ve been told that they must be stored in the car port. There is no room in the car port due to a storage shed being built in years ago. Do I have any options? If this is correct, they haven’t enforced it in over a decade.
Your question is similar to the statue of limitations concerning the enforcement of DCR violations. From Attorney David Kahne’s website concerning this topic, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
If you desire additional legal advice since your situation is a bit different with an uncompleted project, we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org At the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What recourse do residents have if the board is not publishing minutes, meets in private and does not publish financial records other than a balance sheet.
There are no laws that require the POA to publish meeting minutes or financial records to homeowners. If there are any requirements along these lines, this guidance would need to be in the POA governing documents. If your POA is an HOA, and is covered under the Texas Property Code 209, there are specific ways homeowners’ can obtain records (Section 209.005) and meeting notice requirements (209.0051) https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Note: This is not legal advice
If the law meant it to apply to policy it would say so. It doesn’t. There are rules governing interpretation of laws. One is to interpret the lsse as written using the commonly accepted meaning of words. Google law interpretation and read up on the topic.
Don’t fight them unless they fine you with no meeting. Let them take you to court and that will resolve it. Arguing will just get your blood pressure rising.
See http://www.law.georgetown.edu>2018/12. It explains.
Note: This is not intended to be legal advice
Developer owned POA, collects dues to cover taxes/insurance on amenities, but has not paid those items in 3 years (per court records) but still reflects them as an expense paid on the brief (unauditable) statement provided. What remedy do property owners have on mishandling of funds such as this?
There is no specific remedy to the situation you describe. The best solution is to get a group of neighbors that share your concern and approach the developer with these specific questions.
I doubt the Attorney General would be interested…maybe your county attorney or DA…but they are usually buddies with the POA
In Sec. 209.0051 (h), it lists several items that must be considered or voted on in an open board meeting, namely “fines”. I recently learned from our management company that they think fines, as listed in that subsection, only refers to changes in fining policy and that actual fines against a homeowner are not required to be voted on by the board, as long as there is a fining policy in place for the management company to handle them. I didn’t think a policy could circumvent subsection (h). I’m just curious others take on this.
The Texas HOA Reform Coalition supports your interpretation of the statue. In our opinion, the Board can discuss in executive session the basis of the fine against the property owner. Just like the Board would discuss the foreclosure proceedings in executive session. However, the recorded vote to proceed with the assessed fine or similarly foreclosure would need to be during the open meeting portion of a meeting that was properly posted also per the statute. Even though there is a policy on the assessment of fines, the management company should not automatically assess such fines without the Board approving such action.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Look into Texas Deceptive Trade Practice Act even the insurance industry is afraid of this one.
Can my HOA force me to complete a project on my property that was started by the previous owner over 10 years ago? Their lawyers just sent me a Notice of Violation of Protective Covenants specifically for failure to complete construction of an improvement on my property.
Your question is similar to the statue of limitations concerning the enforcement of DCR violations. From Attorney David Kahne’s website concerning this topic, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
If you desire additional legal advice since your situation is a bit different with an uncompleted project, we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org At the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My final lien payment was paid May 4, 2021 via a law office and the HOA. It is now Sept. 21. I am told all fees have been paid. Nothing else is due. I have asked both entities in writing for my lien release. Neither has provided it. A month ago the HOA said it was signed and ready to be sent to the law office. I have received nothing. I have one lone low level contact at the HOA office. All other names are not public or findable online. We’re heading into the 6th month since I cleared this debt. I want to sell my house, but dare not get started. What leverage do I have to wrest this document from them immediately. Would it help to report them to the Attorney General’s office or some governing legal entity with teeth? Or are all those entities good ole boys club members?Thanks for your help.
The lack of response by a POA is a common complaint. There is not any oversight of POAs, so reporting them to the Attorney General or other organizations does not yield any substantial results. There are a few things you can do.
Since the lien and release should have been filed in the County Property records, you can go to your county property records and search the database to see if the release has been filed. Typically, there is a method within the County website that you can get a copy of the release, if you desire one.
The second way is to formally request a copy of the filed release through your POA using the methodology the Association has established for members to get copies of association records. This policy varies from association to association.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Thank you for your quick and helpful reaponse. I now know other ways I can check ststus.
As it turned out the day I wrote you, I also sent a red letter emphasized email to both the attorney and POA declaring the inexcusable 6 months of delays, where it was a month before and I WANT IT NOW.
Within an hour I had it via email. Not because my flaming words scorched them but because it so happened that its monthlong journey across town to a signature coincided with my declaration of war. And someone there decided to end it and send it rather than enjoy torturing me more and put up with my blasts that I made sure they believed were coming.
I am grateful for you and others for digging in to get this country out of the HOA prison. I won’t live to see their power dissolved, but I am here to help. Let me know when.
You can also check your County Records website to see if they filed the removal of the lien.
Search by the name of your HOA. If it’s there you can download a copy for a small fee. If it’s not there and you actually have documentation from your HOA showing that you fulfilled your debt obligation, you could also go ahead, out your house up for sale and the Title Company can clear the lien. If the HOA does not cooperate the Title Company usually has their own in house attorneys and they will take care of it.
I ran into a similar issue when selling my home and that is how the Title Company handled it.
Disclaimer: I am not an Attorney and this should not be construed as legal advice.
I have a Board that is not responding to emails / letters sent. They are being responded by the Property Management Company.
I have requested a copy of a check that was written to one of the Board Members for over $15,000. I have requested the documentation that backs up the check. I have been told I have to request through by submitting an open records request to view the all the receipts, contract and complete backup. Is this correct? If the Board wasn’t hiding something, why would they not share to eliminate any integrity issues?
If your POA is subject to Texas Property Code Sec. 209.005 ASSOCIATION RECORDS, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm there is an official way to request such records. If this code applies then your Association should have a policy on how to go through and request various records. You will need to refer and comply with your Association policy to obtain the records that you are seeking. If your association is not subjected to this code, then your governing document should have the mechanism for members to review the records of the association.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Are HOAs required to maintain minutes of ACC meetings where the ACC is separate from the board. Without documentation how may residents assured of consistent application of guidelines. Are these procedures part of HOA books and records?
It would be a best practice for a HOA to keep meeting notes of all committees, especially those that have decision making authority. However, whether or not this is required is dependent upon the requirements of your specific community and what the governing documents specify that the HOA is required to do. An HOA can update their policies and bylaws to required that these types of minutes are kept.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I bought my house (new build) in August of 2018. I have a 3 car garage with 3 vehicles inside. My garage is behind the house and backs up right to the alley. There is no driveway. I have a 4th vehicle, which I have always parked on the public street right outside of my house (corner house) where I can see the vehicle through both my kitchen and bedroom windows. After 3 years of parking on this street, I just received a notice from the HOA on 08/30/21 that states: “Violation: Street Parking – Parking of vehicle(s) in the street is not allowed and must be parked in driveway or garage only.”
Vehicles are parked throughout the streets in our community (not a gated community, all public roads) and so far I am the only one to receive this notice. Is this legal? Can I request some form of proof from the HOA that they have the authority from the city to ban parking on public streets?
This is a problem in many HOAs. Can a HOA enforce restrictions on public streets within the HOA? This type of question has been posted on various Facebook and Nextdoor sites.
There are two schools of thought on this topic. (1) It’s a pubic street, so the POA cannot enforce restrictions. (2) A person can waive rights when moving into a HOA, and may have done so, depending on the deed restrictions.
The Texas HOA Reform Coalition experience when dealing with this issue within their own HOA was the subdivision attorney advised that the HOA does not have the right to enforce parking on public streets. Just like the HOA cannot enforce speeding on the public streets. If there are parking violations occurring that are covered with the city ordinances, junk vehicles, parking for greater than x hours, then the HOA can call the city to enforce those parking restrictions or the HOA can request that the city post signs that no overnight parking is allowed.
Since you mention that others are parking on the street and not being bothered you should question why are you being singled out (selective enforcement) You do have the ability to question the authority of the HOA to enforce parking restrictions against homeowners.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am a disabled Vet that is trying to take care of my wife that is 100% disable and my Veteran Daughter who is also 100% disabled. I have tried to work with the HOA to allow us a variance to put up a privacy fence and have been denied 3 times. The developer maintain control of the HOA until January of this year in violation of when the HOA should have been formed. He gave a variance to my neighbors in January to put up privacy fence right before he formed the HOA board. The HOA is now trying to levy fines against us because we put up a fence that meet our needs. What we requested for the third time was denied and what they told us we could have did not meet out needs. Also, They also put up requirements that the neighbors did not have to meet.
We informed the HOA that the VA was providing this and need a response asap. I have a chain of emails and by the dates you can see the HOA trying to drag this out so the VA funds would run out before we could get approval.
We are looking for some assistance to make the HOA provide reasonable accommodation for us. Because both my wife and daughter uses the pool for physical therapy we do not want the world see them struggle to get in and out of the pool as well as the neighbors being able to look into my daughters bedroom windows and the master bedroom and bathroom.
Any help you can provide is greatly appreciated.
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
Also, HB3571, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB03571F.pdf#navpanes=0, was pass June, 2021. This Bill addresses a common complaint that associations refuse to let owners protect themselves and their property, new Property Code § 209.007 confirms owners can have security cameras, motion detectors, perimeter fences, or other security measures on their own property. Associations can, still, regulate the type of fencing. This may be useful if your subdivision falls under this section of the Texas Property Code. Again, you should discuss this with an attorney.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Are Property Managers to lead Board Meetings? The president of our HOA Board, turns the meetings over to the Property Managers to lead the meetings.
There is nothing wrong for the President to delegate who leads the meetings unless there is something in your governing documents that prevents the President from delegating this task.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What rights do homeowners if the By-Laws require two signatures for check issued over $5K but did not have two signatures when presented for payment. We currently have three (3) checks issued, $60K, $33K and $15K and all only have one signature. Also, the check for $15K was made out to a board member individually.
Transparency of a POA is very important. When irregularities or perceived irregularities occur the trust in the Board is shaken. The Coalition has been working to increase the transparency of POAs throughout the state. We have a lot of work still to be done in this area.
The problem that you refer to is local to your POA since governing documents are different from POA to POA. Fundamentally, this is should be a financial audit finding if the POA is required to have checks over a certain amount with two signatures per the bylaws. So has your POA done a financial audit? If so, what were the findings? Was this issue concerning the number of signatures on a check identified as a deficiency? What is the plan by the board to prevent this from happening in the future? If no audit has been done, the POA may want to start to conducts such audits on a routine basis to ensure these types of problems don’t occur or are identified an addressed.
If embezzlement can be proven then you need to contact an attorney for legal advice.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My property is subject to two property owners’ associations, one the usual hoa, the other maintains local greenbelt trails. (Harris County, TX)
I have been a director of the first for several years.
In May I attained directorship in the trails association
Having questions about the then current board members, the length of their terms of office, at which annual meeting each was elected or if not elected, at which regular meeting were they appointed, and how it came to be that two cohabitating married individuals were both on the board, I directed those questions to the management company.
IMO the information requested is available and may not be sequestered. Yet, to date (two months approx) the management company has neither provided an answer nor has it explained why it has not.
Comments and suggestions appreciated. I am ready to take these clowns to JP Court in an effort to keep them honest.
And yes, even though I am now a director of the association I cannot get the info requested.
You are asking a complicated question which we have not addressed before. We suggest that you contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
The governing documents of the greenbelt trails should specify the Board Terms and how each are to be elected. How this particular POA is governed by the Texas Property Code is unknown to us but an attorney should be able to guide you through this.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA has new leadership and has begun enforcing restrictions on yard art that I inherited from the previous owner. For 13 years I hear nothing from them, and then all of a sudden, here come the letters. Is there a statute of limitations beyond which an HOA can no longer enforce a restriction? I’ve heard it’s four years in Texas but I’m looking for confirmation.
Thank you for contacting the HOA Reform Coalition of Texas. We believe that there should be a limitation on unenforced restrictions that have been allowed to exists for years without any complaints by the HOA. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
UPDATE:
Per Attorney David Kahne’s website, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Looking for a precedent. My HOA board has been working hard these past few years to keep me off the Board. I think they are playing fast and loose with election laws, and the guidelines set in our by-laws which state “one-tenth of the vote” is require to establish a voting quorum and hold an election.
Recently we had two seats up for election, each household in the neighborhood could vote twice. Many people only voted for one candidate on the proxy form they mailed in. The Board tried to declare that the “one-tenth” required in our by-laws referred to the proxy form, not the number of votes tallied on them. I have no idea if they count two forms, one with two votes, and the other with one as only two votes, instead of three.
I have little doubt my Board was trying to get around the rules, but can anybody tell me of a legal precedent, clearing up this matter?
You will need to refer to your governing documents as to how a quorum is established. Typically, a quorum is based on the number of lots in a subdivision. So you need 10% of the lots to be accounted for, whether in person or by proxy, to have a quorum for a meeting. If your subdivision is subject to the Texas Property Code 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm, two sections may be of interest to you, Sec. 209.00592. VOTING; QUORUM and Sec. 209.00593. ELECTION OF BOARD MEMBERS, In the second section, there is a provision (b) for a Board to amend the bylaws by reducing the quorum requirement for elections only to ensure that a Board member is elected at the meeting.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I moved into my home 13 years ago. At that time there was a 2′ high wooden decorative bridge in my front yard. The HOA never said anything about it until last June when they told me it had to be removed since it was unauthorized lawn art. Can they do this? Is there a statute of limitations that would prevent it? After 13 years, this action seems arbitrary and capricious.
There should be a limitation on how long “unauthorized lawn art” exists where the HOA has not enforced or requested its removal for over a decade. At this point the “lawn art” has become part of the existing neighborhood. Since this requires a legal opinion, we suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
UPDATE:
Per Attorney David Kahne’s website, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hello, we just had an election in our lake community a Cedar Creek lake and I’m finding the current board is in violation of Texas Property Code 209.00594. There were 4 of 7 positions coming up for a vote and the 4 incumbents all counted the ballots instead of a neutral third party. Also, the board chair who was also running to be re-elected had the community send their ballots to her direct board email address. Not only does this violate Texas law, but it is also extremely shady. We finally received the vote tally 4 days later, with no witnesses to the vote counting. They could have thrown out votes or made up new ballots for all we know. Is there any consequence to a board that does not conduct election vote tallying according to Texas Property Code?
There are procedures in the Texas Property Code 209, Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. on how elections are to be conducted. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm You will need to verify that your community falls under this section of the Property Code. There is a new law in the 209 property code that will be going into effect starting September 1, 2021 New Section 209.017 Takes A Step Toward Use Of Justice Courts To Facilitate Dispute Resolution (SB 1588, §21) New section 209.017 confirms that owners can sue in small claims court for violations by the association. Seeing that your election was before this date, you will need to consult an attorney to see if pass actions that a violation of the Property Code can be brought to court under this new law. As a suggestion, you can contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Yes if you can get as many concerned members as possible and file the your local J.P. court. The board of directors must abide by the doctorial instruments (by-laws & restrictions
Our HOA phone number never rings, no voicemail, they never answer emails through the website, but they send out letters and fees and fines all the time. I’m currently being fined for several items that they “take pictures” of without any time stamp or anything. How do I get a hold of someone? The website doesn’t have any contacts or board members listed except for the treasurer. They have a file in the documents from 2018, but in the manual says the terms are for 1 year? I’m so confused, I hadn’t had any problems until recently when they started charging me fines for my grass when I have it cut by an actual Lawn company, they send photos saying it hasn’t been cut?
It can be frustrating when an HOA does not respond or for that matter makes it difficult for you to contact them. Here are a few suggestions for you that could work.
First, see if you can attend an HOA Board meeting so that you can discuss the issues that you are having. There are requirements for some HOAs that are subject to Chapter 209 of the property code to give notice of the meetings. Since you have contact information for the Treasurer maybe they can help you get on the agenda.
Another idea is to send a registered-return receipt letter to the HOA requesting a meeting concerning these various issues. There must be some return address on the letters that you are getting from the HOA. In the letter request that you would like to meet with the Board and the management company in-person or a Zoom meeting. Mention the difficulties that you are having in contacting them and the various ways you have tried to contact them in order to resolve these issues. Also consider sending an identical letter in regular mail. The return-receipt will provide documentation that the HOA received your letter in the mail.
If a management company is involved and it is convenient, go in person to the management companies address and see if you can talk to your property manager to resolve this.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our President term is up, but he refuse to step down and our management service has decided not to enforce that by-law. Who is required to make him acknowledge our by-laws section 5.02? Our management team or us the members?
Your question has legal undertones pending on the entire situation. The management company is hired by the Board and works for the Board. When enforcement or interpretation of a bylaw or restriction is required, the Board with the assistance of the subdivision attorney may provide clarification. The management company may execute the enforcement but it is instructed by the board to do so. If there is a question about enforcement against a board member, it may take the other members of the community to speak up.
Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA does not keep or share minutes for the ACC. They frequently make exceptions to the CCRs and no record is available to understand the rationally.
Our ACC is separate from the board so don’t the same open meeting requirements apply so there is transparency?
You raise an intriguing question. Are the ACC document considered official documents of the HOA and therefore required to be kept and accessible if a member requests them? There are some Texas Laws that cover access to records and how to go about requesting such documents. But we do not have an answer for this question. We suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
My HOA has issued an assessment of $79 to every homeowner in addition to the $495 annual dues. There is very little the HOA offers our community and we are a community outside of city limits. An ETJ actually. I already have a very good security system on my home with cameras and do not feel the need for a community wide system in common areas. The intent is to help with the increase of crime, but we also already pay for a designated patrol contract through our water board (MUDD) with the Constables Office. What options do I have to be exempt from this assessment or have the program shut down?
You can check into your governing documents to determine if you HOA can assess special assessments and any restrictions associated with these types of restrictions. Most HOAs do have this right to establish special assessments on an as needed basis. As part of a HOA community it may be difficult for you to be exempt from the assessment. All homeowners share in the burden for the costs associated with the subdivision. Although this may seem unfair or not needed, your board has decided to move forward with this assessment. This is one of the problems of living in a deed restricted property.
Finally we can have needed the reform of the hoA laws for a very long time! We have tried to keep our HOA accountable and with the current situation we had a very difficult situation once we removed the President of our HOA for horrific abusive physical and verbal discrimination and paid numerous fines and fees without any knowledge of we removed her via emergency meeting voted her off the board and under the cover of darkness during the Covid outbreak and a freeze she resurfaced by proxy and numerous rescheduling and supposed changes of venues and dates for our annual board meeting-
she became reelected as my husband was undergoing chemo and I was unable to attend a meeting in which we had no prior time to prepare for or even knowledge existing as it was sent out via mail chimp which as you well know goes to most of our spam anyone in the legal industry or in a corporate office knows that mail chimp information should never be used to send out a meeting information as you rescheduled a annual meeting and change the dates times so many different times it was impossible for me to keep up with while at the hospital and no cell reception after coming home from the hospital undergoing several trips to my husband‘s chemo treatment seem to be daily four months we discovered ones on the board more removed and the tenants who had no knowledge of her previous charges for discrimination and misappropriation of funds twice we paid legal fees under the disguise of HOA special assessments after we discovered thatWe contacted our own attorney and several inspectors and City Of Houston
FEMA and now we have a new law passed to prevent the abuse from proceeding any further finally a law that will remove her and put her out for good as I cannot thank you enough four making it easier for those of us who live in a community that we love and members and homeowners for 20+ years only to be assaulted verbally and physically by a dictator disguised as a president once again but this time This time we have a law preventing it and those who choose to continue supporting her will also be held accountable thank God where are our government passing a new law HOA abuse never again!
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Thank you for the kind note. The HOA Reform Coalition, supporters and Representatives worked very hard to have this new legislation passed in SB1588. It is the first step in the process.
If she resurfaced by Proxy and those Proxy Voters were either herself and/or members of her family, that is in violation of the Property Code. .
“Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. (a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners’ association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.”
She would be in violation of this section since she and/or family members within the above definition were given access to a ballot that was cast. Since they were the one’s casting them. So once they voted for that ballot and turned in that ballot there were in possession of a cast ballot.
Disclaimer: I am not an Attorney. This is the way I interpret the Section, and how we ran our elections while I was President of an HOA here in Texas.
Sam Madden
Garland, TX
As a resident of an HOA in Texas, I’d like to hear how other HOAs have handled installation of Google Fiber and how they address changes to “common areas” in the HOA community.
Recently, the HOA board of directors for my gated community received a request from Google for an access agreement to install Google Fiber in the community. This service would give all homeowners in the community an option to subscribe to Google Fiber services. To install the fiber optic cables, Google must dig trenches in the streets and run the fiber in long tubes under the surface of the streets.
Because the HOA bylaws designate the streets in the community as common areas, the HOA must conduct a vote of homeowners and obtain a 2/3 consensus to allow Google to install the fiber in the streets. The bylaws also designate the front entry area and an undeveloped park area as common areas. My concern is the HOA Board has implemented changes to the undeveloped park area without a vote of homeowners yet now requires a vote on the Google Fiber issue.
The changes to the park area included installation of wrought iron fencing and a gate with a keypad lock. The HOA board contends the fence and secured gate to the park are needed for security reasons and to protect wildlife in the area. The board also installed a small shed in the park area to hold equipment and holiday decorations.
The HOA board did not conduct a homeowner vote on the enhancements to the park area yet now requires a homeowner vote on the agreement with Google Fiber. To complicate matters further, two of the board members who advocated for the new fence and gate for the park area live very near the park and would likely benefit most from the improvements. On the other hand, the Google Fiber service, if approved, would benefit the entire community.
It seems the HOA board has a different set of rules for changes to common areas depending on the type of change required. One board member is concerned that Google will damage the streets and will not fix the streets if problems occur in the future. Can you offer any advice to help me address this issue with the board? Also, I’m interested in hearing how other HOA gated communities that designate their streets as private have handled issues with Google Fiber.
In this situation there is a difference in the type of improvements and which entity is doing the improvements. The improvements being done by the HOA on HOA common areas is typically within the power of the board to approve or disapprove pending on any restrictions within your governing documents. The projects that you indicate, fence/gate and small shed are typical project that an HOA board can approve without membership approval.
The second entity you are referring to is Google Fiber. If Google Fiber, external entity that has no rights to HOA common property, is asking for an easement to install the fiber lines then this can be seen as a property transfer requiring the 2/3 vote of the entire membership. Whether this vote is required is specified in your governing documents.
If you have questions about the easement or property transfer, you should consult an attorney about your subdivision requirements to do this appropriately. This post is not to be considered legal advice.
Maybe other subdivisions that have done this could respond to this post and indicate how they handled it.
The CCRs for our HOA do grant them the power to approve exterior paint color. However, they have rejected our request by saying the colors are “not harmonious” with the existing color scheme (even though the colors we submitted are already in use throughout the subdivision). My question is: can they deny using such vague language, without any concrete guidelines or color palette? Also, the CCRs do not provide for any fines beyond a couple of specific instances unrelated to exterior painting. Is there somewhere else besides the CCRs where they can get the power to fine homeowners?
Selective enforcement of restrictions or approval of ARC applications is a difficult problem to resolve. This is a complaint that is received quite a bit. The best suggestion would be to ask for a hearing with the Board of Directors and show them examples within the subdivision where the color that you chose is being already used in the subdivision.
Starting September 1, 2021 a new law will go into effect, SB1588. Major Changes Protect Owners at ACC Hearings (SB 1588 §11) For subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I currently have one issue with a board member who refuses to send me updates, quarterly minutes and won’t send me anything, I have to rely on other home owners to get updates, I have complain to the President and she is I believe afraid of this guy…. it keeps happening and its just a guy who is vindictive and bully… he is mad because I alway find things that are not kepted up or annouced.. but refusing to send a homeowner who is current on dues and etc.. there should not be any problems.. but there it is, this is just general updates so we get nothing…
The HOA Reform Coalition of Texas supports transparency not only for the membership but also those who may be considering to buy within a POA. For several years we have been advocating for more POA transparency and making the process of obtaining such information less burdensome for the requestor. We have more work to do in this area and plan on pursuing this in future legislation.
(Disclaimer: I am not an Attorney. So this should not be construed as legal advice. I was President of an HOA and prior to that had a lot of issues with a corrupt HOA Board)
You may try this. Any communication with the board and/or its members should always be done by certified/return receipt mail. So you have proof of the correspondence and that they did receive it. So under the following section of the Property Code regulating HOA’s you could request that the notices be sent to you. And if the request is not honored, I believe the current fine if you would decide to take the HOA to court is $500, but with the new laws is going up to $5,000 as of September 1st.
“Sec. 209.005. ASSOCIATION RECORDS
(c) Notwithstanding a provision in a dedicatory instrument, a property owners’ association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner, or a person designated in a writing signed by the owner as the owner’s agent, attorney, or certified public accountant, in accordance with this section. An owner is entitled to obtain from the association copies of information contained in the books and records.
(1) if an inspection is requested, the association, on or before the 10th business day after the date the association receives the request, shall send written notice of dates during normal business hours that the owner may inspect the requested books and records to the extent those books and records are in the possession, custody, or control of the association; or
(2) if copies of identified books and records are requested, the association shall, to the extent those books and records are in the possession, custody, or control of the association, produce the requested books and records for the requesting party on or before the 10th business day after the date the association receives the request, except as otherwise provided by this section.
Sam Madden
Garland, TX
It’s more a question, I live in a POA that put an above ground pool in is this legal. Plus want to charge a dollar a person.
Whether or not an above ground pool is allowed or not is dependent upon what is written in your governing documents. Some POA do not allow above ground pools other do. So this varies between POA and POA.
Hello,
My husband and I own property out in Cedarcreek Texas, we are selling.our land. The title company and our realtor have tried to reach the members of our Poa and still no response. We have been trying to contact them for 40 days now, per our realtor there is some important paperwork the Poa must fill before we sell. Is there an organization that can help us?
The Texas Real Estate Commission may be able to help you or give you a referral https://www.trec.texas.gov/
We finally had our annual meeting yesterday, August 3, 2021 to elect three new Directors. There was alleged lack of Quorum in January and the 3 existing BOD (two had quit) were petitioned by a member to announce a new date which they finally did.
There was a final vote tallied by the community manager who works for Real Manage however there was some surprised members at the outcome of the vote. There was no oversight in the tallying process and my question is how do members know it was done fairly?
Can a CPA recount the ballots/proxies?
If your POA is governed under the Texas Property Code 209, there is section 209.0057 which specifies the procedure on how to conduct a recount. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Does an HOA have the legal right to deny the installation of a light pole inside the homeowner’s lot? The homeowner is willing to pay for the installation and monthly fee for the power company. The reason for this request is that the community at night is pitch black and the homeowner is a senior citizen (76) and lives by herself. The homeowner checked the HOA documents and nothing shows that installation of a light pole cannot be authorized. In addition, this homeowner has never received notice for a community meeting. The only communication is to ask for the HOA payment and for the request of the annual financial report. Please advise. Thank you!
As you mentioned, the governing documents cover what is allowed and not allowed within a subdivision. However, sometimes there are general statements that are made in these documents that essentially requires any external change to a property to have approval by an HOA. Starting September 1, 2021 a new law will be going into effect that may help this situation.
Major Changes Protect Owners at ACC Hearings (SB 1588 §11)
For subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I questioned my HOA because they were not bidding contracts and instead, assigning them to family and friends. When I questioned them, I was told that I had, “no class” before being told to go “F” myself by a board member. I asked for his resignation, or that the HOA remove him from position, and no action was taken.
At the next meeting, I was accused of “bullying” the board.
What recourse do I have?
Your complaint is quite common and sympathize with you. We are not attorney’s therefore your best course of action is to obtain legal advice. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA violated the agenda of a recent membership meeting called by the board president to amend the Covenants. The agenda called for announcement of the election results prior to the close of the meeting. But they didn’t have the votes, so the board president ran off all the membership and took the next 14 days to gather the votes they needed. They stated the purpose of the vote was to combine two docs together in their entirety and add a table of contents. However, there was no mention that they were removing two provisions, which specifically affected me. One was the exemption of tax exempt properties which as Tex Vet I qualified for. I took this exemption after I was targeted by the board president for retaliation from a fair housing complaint. The Fair Housing Complaint was filed after the board refused to respond to my reasonable request that they provide descriptions of my violations. They refused to respond. Definition of Assessments in C&R’s included fines, legal fees, and liens. April of 2021 my board through their attorney Mr Cagle filed in district court to foreclose on our home for $345 in unpaid assessments. We used our settlement from the Veterans Administration to purchase this home, now we risk losing our home to board members engaged in criminal activity.
Thank you for contacting the HOA Reform Coalition of Texas. We are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
Our POA was not registered and in good standing with the county clerk’s office but still increased assessments without the required amount of property owners voting (quorum)..then they filed numerous (42) liens against property owners not agreeing with these unlawful new assessments.
We are sorry to hear about your situation. Unfortunately this is a common issue. HOA Reform Coalition believes that POA Board have too many powers. We have supported legislation that would regulate the ability for POAs to foreclose, limit attorney fees and hold Board Members accountable for their actions that are not in alignment with governing documents or state statues. If you want specific legal advice, you could visit https://texashoas.org/.
Chapter 202 of the Texas Property Code states that no document is enforceable unless filed with the county clerk.
They are bullying you.
Since April 2009, I have lived in a rural Texas lakeside subdivision with CC and Rs and a homeowner association group that has never legally incorporated. The group’s leadership at that time I moved here made clear to homeowners that they were a voluntary association. Their group did not have bylaws, just a Common Area Property Use, and Restriction document. April 6, 2018, I sent an email to the chairman, cc’d to the treasurer to opt-out of their group, stopped paying dues, and forfeited my use of the common area per the rule in the document. My decision to opt out of the group was because they were proposing a project that was not required by any city or county ordinances and wanted to increase our water bills for three years to pay for it. Their leadership at the time was not able to comprehend that they were not a legal entity and did not have the authority to even consider the project. Also, enforcement of CC and Rs had been spotty to non-existent to board officers blatantly violating them. Their new president knocked on my door on 7/17/2021 and stated that their membership and dues were mandatory and were designated so by the Sabine River Authority. The common area does have a leaseback contract. He also indicated that their maintenance scope now included a fence that was put up by the builder that extends across a few owner’s properties and street repairs. There is nothing in the CC and Rs about maintaining the fence or the streets. The group still has not filed articles of incorporation. But for whatever reason, they now seem to think the Sabine River Authority has granted them magical legal powers because the contract lists their name as “Sunset Shores Land Owner Association.” The president also mentioned that they do now have bylaws however did not provide me with a copy, just handed me a dues notice. They are misrepresenting the status of the association to collect dues.
What is my legal recourse?
We are an advocacy organization and are not qualified to give you legal advice. This situation requires specific legal advice by an attorney. You may want to visit https://texashoas.org.
Chapter 202 of the Texas Property Code states that no document is enforceable unless filed with the county clerk. As the Sabine River Authority is below the State of Texas in the government structure, Texas law takes precedence over SBRA.
They are bullying you.
How do I get a copy of all the new Texas HOA laws that are going into effect in July and September of 2021?
Here is a nice summary of the laws going into effect with the links below. Although there were several bills presented, SB1588 incorporated many of these bills into one document. Most of these bills go into effect September, 2021. Religious freedom was in effect immediately after the governors signature. There are section of SB1588 that go into effect at the end of the year, this is associated with registration of POAs with the Texas Real Estate Commission.
https://www.click2houston.com/news/local/2021/06/29/new-laws-target-abusive-homeowners-associations/?outputType=amp
https://texashoas.org/overview-of-new-laws-in-2021/
SB1588 – https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB1588
SB318 – https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB318
Our POA is not posting current financials or meeting minutes. I have requested multiple times with no results. What are my options?
The best way to do this is by requesting the information in writing. Here is a link on Attorney David Kahne’s website http://texashoas.abouthoas.org/homeowners-have-rights-to-get-important-documents/.
If your POA is subject to the Texas Property Code 209 here is a link to the statue https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
**Disclaimer – Everyone’s situation is different and this is not legal advice**
There was a misunderstanding about how my fees were to be paid. The HOA got lawyers involved and now say I have to pay $7,200 in attorney fees for a $1,500 missed HOA fee. Can the HOA do this? We need some advice in how to deal with these HOA critters.
We honestly thought that our fees were paid thru our house payments. We have owned our house for 3 years. First time home owners in our 60’s. We have explained this to them but no consideration was given. Please help!
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges,
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Q: There was a misunderstanding about how my fees were to be paid. The HOA got lawyers involved and now say I have to pay $7,200 in attorney fees for a $1,500 missed HOA fee. Can the HOA do this? We need some advice in how to deal with these HOA critters.
Check your state’s property codes. In Texas, HOA/POA has to allow some kind of payment plan if the fees are correct. You may also have the right to appear before your board to appeal. That info would be in your covenant/deed restriction documents. This thing about “getting a lawyer involved” sounds suspicious. Depending on how big your HOA/POA is, they might already have a lawyer on retainer. They surely would if you have a management company. If that’s the case, they may be arbitrarily tacking on fees, but you’ll have to read your community documents to see what they are allowed to do. But also your state’s property code w regard to HOA/POA’s. You might try reaching out to a lawyer too via the state bar assoc. They can help w free legal advice.
Just recently in March we had a new Board of Directors elected. The resumes were not sent out to the residence and then the results of the elections were not given to the homeowners either. What can be done to make this Board of Directors be more open to the residents that live here?
If your POA is subject to the Texas Property Code 209, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm, there are requirements for the Board to announce Board Meetings and Annual Meeting. SB1588 will go into effect on September 1, 2021 which will have added requirements as well as a law that allows the membership to take Board members to court for not following the Texas Property Code https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0
I am being charged assessments yearly during this Pandemic while services are being neglected
The problem with subdivisions neglecting services has arisen even before COVID. Although there have been moratoriums on rents due to the Pandemic, there has been no legislation to place moratoriums on POA assessments. Although you feel that services are being neglected, we strongly recommend that you pay your assessments. The POA has the foreclosure power that can be very swift.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA restricts fences to 36 inches. In light of the new law Security Measures- Section 4 of SB1588 which allows residents to put up fences for SECURITY PURPOSES, 36 inches isn’t really secure. Can they still limit fence height to 36 inches? I want to do a 40-48 inch fence.
Section 4 of SB1588 is new and goes into effect on September 1, 2021. The POA can regulate the type of perimeter fencing that is installed for security purposes. SB1588 is silent concerning the height. Because this law is so new, we don’t know what subdivisions will do. But the HOA reform agrees with you, that a fence with height limitation of 36” does not provide security.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our Property Owners Association Board of Directors decided to charge members $125 annually for an “amenities key ” that will unlock both gates to our 2 amenities- a swimming pool at one, and ball courts on a 3 acre lakefront area with private lake access. What I believe is discriminatory is they decided to charge $250 for residents who have long term leases, while charging nothing for the short term visitors who rent a vacation “home” for a few days. Part of the problem is that the president owns a STR that is contiguous with the lakefront amenity.
They did not discuss this during any open meeting. I questioned them numerous times about when that was decided since it was not in the minutes.. They apparently discussed it privately and then they voted by email. After the email voting was disclosed. they hurriedly voted it in at a regular (Zoom) meeting.
They refuse to treat LTR residents fairly because they are charged twice the fee, while they give STR vacationers free use of our amenities.
The situation that you describe does seem unfair. However, living in a POA allows the Board to modify fees and assessments as long as these are within the governing documents. It is not uncommon to see different sections within a POA being charged different rates. If you would like to ask an attorney his opinion of the situation, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What can I do if a poa board member breaks the nda they signed ,
A board member told a nonresident of our neighborhood about my poa dues being behind among other things about my personal info
Thank you for contacting the HOA Reform Coalition of Texas. Your question is more legal in nature. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
I am the owner for more than 10 years at the oaks of West U. Ever since the Rice management took place for our HOA, it has been a disaster. They have lost the monthly HOA fee my bank sent out through auto draft. Without any communication, they sent my case to the lawyer, trying to foreclosure my condo. When my bank has provided proof that the management has already cashed my HOA check, they finally admitted that it’s their computer error, but I have to pay the legal fee for their mistake. Even though I have never late for the monthly HOA payment over 10 years, the Rise Team keeps on charging me late fee and all kinds of fines, because I refused to pay the legal fees due to their own mistake. The Rise team office has ignored my email and phone calls. It seems like that I have to find a lawyer to fight with this horrible management team…
As you noted, you need an attorney. We suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My hoa has not posted minutes or Financials this year. They also use selective enforcement of restrictions. What can I do?
Unless specified in your governing documents or a policy, there is no law that requires an HOA to post minutes or financials. If your HOA falls under the Texas Property Code 209, there is a procedure for how a member can obtain these documents Section 209.005 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Selective enforcement is a common problem we receive frequently. From Attorney David Kahne’s website: Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove. https://texashoas.org/faqs/
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Having issues with the HOA over removal of mesh on my metal fence. The mesh is for the safety of my chihuahua preventing him to get out. I begged and pleaded with them to at least come up with a criteria of how the mesh should look like, ie the color, the length, material, etc etc. even a short one foot mesh would do the job, but they are adamant in my removing the mesh. I am Very scared for the safety of my little chi. No compassion on their part. Feel totally helpless. I’m not willing to do shock collars or invisible fence as they can be traumatizing to some dogs, especially these little chihuahuas.
The HOA Reform Coalition sympathizes with you. Many of us have our own cats and dogs who are just like our children. It is difficult to have a small dog and cats with a metal fence when the dog can fit through the slats of the fence. Recently passed SB1588 may help you. That law gives you the right to have a perimeter fence. The law is very new and also gives the association the ability to regulate type of fencing to be installed. So, it is within the power of the HOA to decide if the mesh would be allowed in this instance. The same statue, SB1588, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0, also specifies that mesh fencing is an allowable material for fences around swimming pools. Meaning that the HOA will need to decide on an acceptable mesh fencing for folks who want to put it around a pool. Maybe you can ask your HOA, in light of the new law allowing mesh fencing around pools that the same material could be used at the base of your fence to keep your dog in. The Board could still say no but maybe they can be reasonable over the request.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My family and I just recently open a mobile SnowCones company, we work out of a trailer and is hooked to our pickup truck. Which is parked in our driveway after we have completed the day, this is currently one of our sources of income since I have now retired. My HOA has sent me a letter saying commercial vehicles can’t be parked in the neighborhood neither are trailer allowed.
With the increase number of families going into business to stay afloat. Why aren’t we allowed to have our trailer parked in our yards?
Some storage locations for trailers aren’t always the safest solution.
It’s okay for those who work out of Van for cable companies to park, which is a commercial vehicle.. but those who have food trailers has to suffer with the inconvenience.
This is a common problem in many POA restrictions preventing home businesses. This is part of living in a deed restricted community. Some POAs are more aggressive in enforcing this restriction than others. You can try talking to the Board to see if there is justification for the restriction and if some compromise could be made. Another option is to have the community request that this restriction be removed or altered.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have lived in a POA neighborhood in Cibolo TX since we built our house in 2005. We are veterans of the US Navy and we decided to live here and retire. Since we first began living here the management company has been here governing over us like a King. I have tried to complain about things that needs to be taken care of but to no avail they haven’t been resolved. The hedges have not been trimmed in over several months and because it summer time snakes are more out and this causes a hazard to the community.
We are butting heads with our HOA over plants in our yard. The builder planted sick trees and plants and after two years of trying to revive them, we gave up and pulled them up this spring. Instead of the sickly trees we planted crepe myrtles. Young ones but they grow quickly. The bushes were pulled and replaced with more heat tolerant plants. The issue is with the crepe myrtles. Because they do not have 6” circumference they are demanding we replace them. Why? These are fast growing trees and will be the 6” circumference within a year. They want us to pull up plants that cost us over $100.00 and we refuse to do so. So now they are saying we are in violation of their rule. At this point we are sticking to our guns and refusing to remove two healthy trees to suit an HOA who has bigger things to worry about than our yard. We are so over HOAs and are seriously considering putting the house up for sale and moving out where our freedoms aren’t mandated by mini-governance institutions that shouldn’t even exist. Enough is enough.
Sorry to hear about your problems with your HOA. Your comments are very common. The HOA Reform Coalition of Texas believes that the POA should have to prove that a violation of a restriction will lower the property value of the neighborhood. If the POA cannot prove that not enforcing a restriction is harmful to subdivision, the restriction should just be removed.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am sued to pay a 2015 Yearly dues fact is I want to pay However I’m also ordered $2500atty fees.
I feel were intentional delayed to address 6 years later. Knowingly we were n court Jan 2020 when an appeal was ruled n my favor…a notice of 2015 insane could have been addressed sooner than now to have accured outrageous atty fees, penalty plus unreasonable interest as well.
I submitted letters to court and sheriff advising my willing to pay $650 of 2015 dues but asked to negotiate the outrageous atty fees.its been 3months and not heard from atty.
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am sued to pay a 2015 Yearly dues fact is I want to pay However I’m also ordered $2500atty fees.
I feel were intentional delayed to address 6 years later. Knowingly we were n court Jan 2020 when an appeal was ruled n my favor
My POA denied installation of sidewalks on both sides of my house because they say we are blocking the drainage of water. I explained we would still have 2′ of swale space for drainage on my side of the fence. They said I could re-submit my application with pictures, measurements and further info for reasons we need this addition. I submitted the need for 4′ walkways in a 6′ space for safe access for my family and guest (Wheelchair, crutches, etc.) coming to our backyard, so that they don’t slip in the mud on the steep grade the builder refused to fix.
The deal we were quoted was to good to pass up so we installed them anyway for safety. Now we are receiving letters asking us to fix the issue.
I had a 30 minute consultation with an attorney, but she wasn’t very helpful. She told me to remove them, and left it at that. I still feel I have some sort of right to have them, especially for safety reasons. I can’t have anyone over to my property, and the potentially slip, fall and hurt themselves. That would leave me liable.
Any advice would be much appreciated.
Accessibility is an important factor especially if wheelchair access is a necessity. We are not attorneys, therefore we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What can be done about selective enforcement and civil rights violations by a board who keeps the same members in rotation the past 25+ years
The HOA Reform Coalition has supported the need for term limits. So far, legislation has not been passed to term limit board members. One thing to consider is altering the subdivision governing documents so that there are term limits. Often the reason the same people stay in office there is no quorum at meetings. Sometimes this reflects incumbent directors suppressing attendance.
From Attorney David Kahne’s website https://texashoas.org/faqs/:
Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.
Often board members maintain power when quorum is not met at an annual meeting. Texas Property Code 209.00593(d), which applies to subdivisions, but not condominiums, enables boards to amend bylaws and reduce quorum requirements “to provide for elections to be held as required by Subsection (a)” of the same statute.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Re: Term Limits. Our By-law Committee recommended that a board member who served 2 terms (6 years) had to spend 1 year off the board before being eligible to run again. The POA attorney said that the new legislation prohibits HOA/POAs from stopping anyone from running for the board and, therefore, we cannot impose this “term limit.” Seems to me we are not prohibiting anyone from running period – just making them take a 1 year vacation.
When we purchased our home we treated our fence with a clear natural tone sealer to protect it from termites and deterioration. The fences in the subdivision with houses valued at over $300,000 have deteriorated in 6 months. We chose to protect ours. Our neighbor next door ask what we used and a neighbor across the street. They protected theirs as well. After a year and half we received a violation for the fence (the only part visible from the street is a gate). I called the HOA and they told me I needed to send in a request form and and a fee which I did. I also sent in a request form and fee to change the pavers on my flower beds and some of the bushes since the Texas Freeze killed some of them. A few weeks later we received a denial on the fence. I ask my neighbor across from about their fence and to my surprise theirs was approved. We all used the same product on the fence. Another neighbor on the same street also treated his fence with a red cedar and was approved. They have also denied my flower beds stating the because of the fence denial I was not in compliance and therefore I could nothing to update or up keep my property. This is absurd! They have too much power and seem to be discriminating against homeowners. I really need to know what the next step would be.
Selective approval and selective enforcement of rules is a common problem. If your subdivision is subject to the Texas Property Code 209 and the recently passed SB1588 https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0 may be useful to you. Starting September 1, 2021, SB1588, for subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
209.0058(d)(3) reads: “in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.”
209.0059(a) reads: “any vote cast in an election or vote by a member of a property owners’ association must be in writing and signed by the member.”
So, please tell me how the ballot document must be signed by the member, but not seen by the observer?? They cannot coexist together, IMHO. If the ballot itself must be signed, then the observer will see it if they are overseeing the vote.
Your question is asking for a legal interpretation of the statue. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge
The HOA at my condo complex has not had an annual meeting for the past 2 years. Understandably, last year because of Covid-19, but we could have still had did a zoom meeting but they decided not to. And this year they’re deciding not to have one in person or zoom. I have requested that we have one and no luck. What can I do in this situation?
Unfortunately, the rights given to HOAs concerning annual meetings are not available to Condos. I would suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
We live in a gated community which is part of Fair Oaks Ranch, TX. Since we are gated, we are responsible for our own road maintenance. Yet, our tax dollars are also being used to maintain roads in other parts of the city that have an HOA but aren’t gated. They consider them “public roads”. How is that fair. Our gates are open for school traffic all day long. Btw, we are still in the developer control period. There’s zero requirement for reserves, I’m afraid when buildout happens, our roads will be trashed. Help is needed.
Although it seems unfair, your subdivision chose to have private roads and therefore those that live within the subdivision will be responsible for the upkeep and repair of the streets within the subdivision. However, this does not exempt you from the maintenance of the public streets throughout the rest of the city/community. So you will be taxed for these streets as part of your property taxes.
If, as a POA, you decide that this is not a burden that the members desire, there is a normally a process to dedicate the roads to the city and make them public. You are right, that if the roads remain private, reserves needs to be established to ensure that they are maintained appropriately. The POA will need to ensure that enough reserves are available to do so.
On May 13th I came home to find my HOA had placed 4 recycle bins in front of my home in addition to the existing one and a dumpster eye sore that was already there. They refuse to move them and say the city mandated they place them there (which I confirmed with the city is not true). This is a trip and fall liability, accessibility violation and fire hazard.
I spoke to my HOA about the city ordinance codes they are breaking but they seem to be at an impasse with me and I fear retaliation at this point.
The board director wants to sit down with me today to discuss where to move the bins but I feel it will be futile as another neighbor in my community made the same request at no avail.
I’m hoping for advice on what to do if my HOA refuses to move the hazard from my doorway. I contacted my city council rep and they are investigating the issue now, but I’m open to other suggestions.
Our HOA was established by the builder and developer then recently turned over to homeowners with major drainage and erosion issues on one side of the community. Common area flood out and cause damage to private property and the homeowners that are in charge have no idea nor the resources to address it.
Flooding is a problem throughout. As more concrete is poured and additional construction, areas are flooding. You can make your issues be known to the local City, Drainage District or, if applicable, the MUDD. All of these entities would be concerned about potential flooding and risk to property. Take pictures of the issues, in dry and after major storms, to show the impact of the problem. Also, you might want to contact the developer and see if they will offer some assistance. Developers do not want to be know for subdivisions with flooding problems, so there might be some desire on their part to help resolve the issue along with the governmental agencies before a substantial problem is incurred.
My Texas HOA on a small rural lake has a bylaw that limits who can stay at my home when I am not there. For example, my 26 year old grandson is not permitted to be there unless I or my daughter is there. My close friends cannot stay in my home for the weekend if I am not there. I find it unbelievable this could be legal. Would appreciate your opinion.
You are asking a legal question. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I’m just trying to find out how to file formal complaints against my HOA to get an investigation going on them? They only let anyone see records if they make an appointment and then you have to go to the clubhouse and they sit there and watch you like a hawk and don’t allow you to have copies of any of the information. They raised our HOA dues $100 in the last year and we pay on time every year. The pool was not open and they just open it intermittently whenever they want. We pay to utilize that pool so it should be open from dawn until dusk regardless of whether there is a lifeguard on duty. Most places have signs that warn that there is no lifeguard on duty and that kids under a certain age aren’t allowed without their parents etc etc. There is no reason why we can’t utilize the one thing that we want to utilize. They spend all of their time energy and resources on a tennis court for the older people in the neighborhood. We can’t even get them to update the children’s playground but they went and purchased flood lights for the tennis court so they can see at night. When I asked to see what all of our HOA money was spent on they said the only way I could see that is if I made an appointment to go meet with somebody to sit down on their terms on their time to look at it and they refused to send me a copy even though we all have a right to a copy if we’re all throwing in money. I’m told they are a group of volunteers. So if they’re able to see what the money is spent on then every other resident who pays money in the neighborhood should have a copy of that information. They also only send out letters when they want to find you for something. They don’t send out updates they will post a handmade sign outside of the clubhouse with information on it and expect everyone to see that. They have a website they can use and they also have the ability to ask for emails and send out a chain email letter but they never do so. We went to replace our pool passes this year and they want to charge us $20 in order to do so because we didn’t have our old pool pass to turn in. There is nothing in any writing or online or anything else that states that we are required to bring the old pool pass in order to get a new pool pass or we will have to pay $20. When I asked why the vice president of the HOA said because they take the time out to make them. That to me says that their pocketing that money which is I’m pretty sure illegal for the HOA to do. Anytime We complain about something they end up sending us a letter threatening us with a fine for something we need to fix. Even if we’ve already fixed it. For example, we do the edging every week and the day before we were going to do the edging we get a letter saying that our edging looks bad and that they’re going to find us if we don’t fix it in 3 days. We do the edging every single week it hadn’t even been a week and they were sending us a letter about the edging because I called and complained that my neighbor’s dogs were getting into a hole they made in the fence into my backyard and chased my father out of our backyard. This is just the tip of the iceberg on everything I could complain about.
Your complaints are very common. Many people seek to file formal complaints against their POAs. Here are some options for you to try but we do not know what your overall success will be. There has only been limited success reporting HOAs for questionable operations. You can complain to the Attorney General’s office, which has a division to deal with non-profits. HOAs are a non-profit organization and fall under this jurisdiction. You can also complain to the County Attorney and, if you think there was a crime, the DA. Beyond these options, there are not many other avenues to take.
We found black mold in our condo walls. The HOA Insurance went out of business so I’m told the funds will be covered under the Texas Guaranty Fund. I ran out of money and there is still a little bit of mold left. They say they can’t remove it until the money comes in which could take a year. My place was torn apart and I need my reimbursement. They won’t even waive my fee and let me pay it back when the funds come in. My condo is uninhabitable and I’m running out of time where I’m staying. My place has been sitting for months and the mold remediation team needs their money. What can I do?
Thank you for contacting the HOA Reform Coalition of Texas. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
HOA charging too much for Resale Certificates, what can we do about it?
There is no recourse against HOAs. My HOS violated Texas state law by not getting audits or adhering to Generally Accepted Accounting Principals as specified by the Texas Property Code 82. Neither the Texas AG or my state rep would do anything. I sued them on these items about which there was never any question by the court that they were required to do.
It took over 7 years, over $40,000 in legal fees, but I won a settlement that they would do both items. I won a $90,000 payment. After paying income taxes on the money and legal fees I cleared around $5,000.
The HOA went back to it’s old ways, ignoring the court and my only option was to sue them again. I sold the unit. Owners have no support against HOA’s!
Hello, our 3 Board of Directors recently changed wording to our parking policy. We live in a small gated community (Stillwater on Lake Houston) in the suburbs around a lot of other communities. Our neighborhood/houses are nothing more special then the neighborhoods around us. Lot of homes with kids and people coming and going with get togethers spontaneously. That said here are the highlights of the new rules they have changed on us: These are the highlights of the policy changes now:
*No resident street parking at any time
*Temporary parking upon the streets in the Subdivision is permitted for the purposes of:
-Passenger pick-up, loading
-Unloading purposes
-Construction/maintenance services related to a Lot or dwelling
-Delivery services and trash services only (“Temporary Parking”)
*Resident is responsible the notifying the visitor and guests of policy
*If Resident is having a gathering that exceeds the limits of their driveway, please contact Management company with the following via email. Such notice must provide
-The name and address of the Owner or Occupant,
-The number of cars expected to be parked on the street during the event,
-The timeframe for the event
They have advised they contracted with a very “trustworthy” tow company as well. In the actual document it reads (yes they bolded it): THE ASSOCIATION MAY, BUT IS NOT OBLIGATED TO, PROVIDE NOTICE OF ITS INTENT TO EXERCISE ITS SELF HELP REMEDY BY PLACING A NOTICE/STICKER ON THE VEHICLE IN ADVANCE OF TOWING.
Thoughts on this? I have a poll going on FB to see who agrees or disagrees with it and currently for those who have voted majority of people don’t like it by a large amount. Any recommendations to get the wording back to what it was?
Your approach to get the community involved is good and the path that we would suggest. If the community supports your position, hopefully the board will listen and repeal the parking restrictions.
For the last three years I’ve been behind on my HO a dues but I use always catch up the following year I pay everything up but then I fall behind two months towards the end of the year again I do catch up the phone here well this year I was behind for 2023 months and we were in 2021 and I have not paid January and February I asked to be put in a plan that get amended and the treasury department for our HOA sent me out information in regards to being put in a payment plan but at the same time he had records of all my payments and sent it to other members The person that handles the pool, the person that cleans up the clubhouse I don’t feel that they needed to know any information in regards to my payments now did they break the privacy law by sending my information out to these people.
Whether the information was sent intentionally or unintentionally, we would agree that the Board should not have sent out that information to people beyond those that are required to know. With that said, people do make mistakes. We are all human. But if you want to pursue this further, you would need to contact an attorney to determine if any privacy laws have been broken. Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am late on my hoa fee for 2020, the pandemic has hurt my income substantially, the hoa turned my case over to their attorney, I owed around $900 for the year, their penalties and interest they say is $3,700 for just being late, they would not negotiate, this is in my opinion “price gouging ” during a pandemic, I have been late before and the price was $1,600 , what can I do about this,
You are not the only person who has had difficulty during the pandemic paying their HOA fees. The HOA Reform Coalition of Texas has proposed legislation in the last few sessions to limit attorney fees and associated costs due to unpaid assessments. Unfortunately we have not been successful to date. Attorney fees, as what your experience has been, can be several thousands of dollars for very small assessments.
You may want to meet with your Board to discuss a payment plan and a way to prevent further costs associated with the attorney.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
A small bridge on HOA property collapsed. The board solicited bids and chose a contractor.
Is it legal for the HOA board to take bids and select a contractor to rebuild a bridge? Does the membership have the right to vote and select the contractor?
You will need to verify with your governing documents but often the Board does have the power to solicit bids and select a contractor without a membership vote.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in a small HOA in San Angelo TX. I am a disabled combat veteran with moderate to severe PTSD, consequently I do my best to avoid conflict. In 2017 I began construction of a small shed as specifically allowed in our D&R’s. This began a 5 year campaign of harassment by the board. Initially I was told I had to get ACC, approval, despite the fact that all residents were allowed 2 small structures no bigger than 10×15 with out ACC approval. I was also sited for two other violations, but was not given a description of said violations. May 15 of that year I attended a board meeting that I was on the agenda for legal actions for my posts on NEXTDOOR. I had committed a violation of the board presidents mandate that no association member was allowed to discuss any issues about the association. What I posted was the state laws on HOA’s. We were warned by the president not to look at the laws because they were “to vast and numerous” for us commoners to understand. At this meeting I clearly identified as a combat veteran with severe PTSD, and asked that I be given a description of my violations, at which point a member of the ACC, violently began screaming in my face. I again requested as a reasonable accommodation for my disability that they please provide a description, the BOD president state “we don’t have to comply with your request.” She then stated if I was unable to interpret my violation, she would appoint a committee to come to my property and investigate, they would then provide a description.
After sending a certified letter in which I again requested a reasonable accommodation for my disability, the board never responded, instead, I was issued without a vote by the board a $50 fine and more violations. The great rub was that by observation of the entire association, you could not reasonably determine the nature of my violations. My immediate neighbors were in clear violation, but received no violations. The justification by the BOD for their arbitrary application of the rules “The BOD does not police the association, but only takes action in complaints are reported”, in my case the President stated that my neighbors were not sited because no one complained, if I felt that was unfair then I should turn them in.
Consequently, I file a Fair Housing Complaint investigated by the TexasWorkForce Commission(TWC), which sided with the board. According to TWC, I failed to establish a nexus between my PTSD and my need to know by description what my violations were, and it was my responsibility to interpret my violations, to ask the board to provide a description was onerous to their business model, the TWC could not reference other state statutes in determining if my request that the board comply with Prop Code 209 was reasonable. TWC acknowledged that the boards procedure for applying the rules was arbitrary, however, it was an “arbitrary practice that was uniformly applied”.
Two months after the decision, the notices of violations began again. I was informed that landscaping rocks in my yard were “trash, rubbish, or other debris” and had to be removed immediately. Our entire association is built on rocky ground.
In our deeds, it stated; “All properties exempt from Taxation by the laws of the State of Texas and to the extent thereof are exempt from association assessments.” Under the definition of assessments it included fines. My property based on my VA disability is Tax exempt.
They filed a lien on my property. I hired an attorney, who they initially refused to respond to. Jan 2019 they released the lien. Then drove to Austin and hired an attorney, and determined an urgent need to combine two D&R’s and an amendment into one document and add a table of contents because our 13 page D&R’s were confusing without it. These two documents were to be combined in their entirety. Except, they failed to mention in their documentation that the small shed and tax provision was removed. An election was scheduled for April 7, 2019.
The agenda stated that votes would be cast, tabulated, results announced and close of meeting, except, they didn’t have the votes, so they adjourned the meeting without announcing the results. Witnesses observed board members filling out ballots in their vehicles after people had left.
The results were announced on May 23, 2019, as posted on community bulletin board. I requested a recount, but was denied, the board sited they announced the results on community bulletin board the evening of the election, which didn’t happen. A week after the May 22 notice on the board the violations began again.
So now I have received notice from the attorney that the board intends to foreclose on my home.
Thank you for contacting the HOA Reform Coalition of Texas. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
The had a hearing with my HOA about a newly installed fence. I went through the proper steps to give the fence approval. The issue is a pre-existing landscape that occupies 95% of the area fenced; n I was given ‘permission’ to extend the fence three-feet from the corner of my unit due to a tree. TOn the day of the fence install, it was discovered the preexisting pavers are cemented 20 to 24 inches in the ground with a solid line of cement. I made a last-minute decision to have the fence extended two additional feet. It would add almost an additional $1,000 to the cost for the company to remove and repair the landscaping to meet the three-feet approved. It was the holidays and hectic, I was working 14-hour days, and I didn’t think to contact the board to get approval. Our board is slow to respond to approvals in most cases, as well. I received an email I wasn’t in compliance, and a $25 per day fine would be instituted until the fence was brought to meet what was approved. Hence, I requested a gearing. The board permitted me to have a business associate attend the hearing to help speak my case. The president of the board and three board members participated in the meeting. The president over-spoke me the majority of the forum and did not allow my colleague to speak to the matter; he was so rude, and it was more of a scolding than a meeting. There are no set restrictions except that fences exterior be painted Sherman-Willians 3034 (not all fences in the community meet this requirement). After touring all the community units, there are more than 20 units that have fences extending six-feet and more, and one unit is allowed to have a gate installed near the front door. The bottom line was I failed to get permission, and the reaction from the president was one of parent and child; you do as I say, or there will be a consequence. I agree I should have contacted the board. As mentioned, it all happened so fast, I was on the spot and made a choice. I feel the board’s decision is unjust. It will cost me $2,000 to have the pavers removed, the landscape repaired and the fence brought in by only two feet. I used Viking Fence, and they do superior craftsmanship, and I have one of the most excellent fences in the community with premium red cedar and design. It adds beauty and value to the community. Do I have any other options to fight the decision and report how the president handled the situation and me? I’m being held to restrictions other residents are not
From Attorney David Kahne’s website, https://texashoas.org/faqs/, selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.
Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org if you have more questions. This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our POA is a 1000 lot, rural subdivision. Our Board, along with the law firm hired by the Board to represent the Association, have interpreted Texas Property code 209.0059 to allow the Board to vote on all lots owned by the POA (common areas, foreclosure lots, lots purchased for re-sale, etc.) in Board elections or elections to revise Covenants. Doing so could potentially allow the Board to unduly influence the outcome of the election.
Texas is definitely in need of a division in the Attorney General’s office that would oversee the HOA/POA communities. There needs to be repercussions to the HOA/POA if their Boards choose not to follow current statutes requiring them: 1- to keep dedicatory instruments filed in the County Clerk’s office & posted on the HOA/POA website, 2-to maintain & keep current management certificates, 3-insure resale certificates issued by the management co. are correct & complete. I realize this would be a huge undertaking since there are thousands of HOA/POAs in our state but it needs to be done to protect the rights of individual homeowners.
During the 2021 Legislative Session, SB1588 was passed, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0. If your POA is subject to SB1588, the Bill contains a section that allows members of the association to take Board Members to court for not following the Texas Property Code.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in a neighbor I am force to pay HOA fees. I have reported many obvious violations stated in the CC & R, which is a contract. We pay the fee they follow the CC & R and enforce the laws.
They are committing Unconscionable Acts, which is when the seller takes advantage of “consumers” lack of knowledge, ability, experience, or capacity to a grossly unfair degree. This is an unfair degree because we are required to pay or a lien is put on my house. In addition, mist people and management company have no money idea what the CC & R even is and/or say.
If they don’t provide the service we are out of luck. There is no accountability i have been battling with them for 3 years. They do nothing.
We are forced to pay a service we homeowners don’t receive. That is Fraud. If they are informing the people of violations, the owner is not complying. This is still fraud, because they can fine and put out a lien, according to the CC&R. People still do it, so that is not happening. They AREN’T enforcing our agreed contact.
They are very aware of the violations, but do nothing, so I want to file a complaint. Any other company I could get a refund or fire them.
It can be very frustrating to pay association assessments and not have the contract (CC&Rs) enforced that you agreed to at closing. But this is not uncommon. Selective enforcement is a problem in many communities. As you stated, the POA can put a lien against your house and possibly foreclose for non-payment of assessments. Even though you believe this is fraud and you are not receiving services, pay your assessments to prevent possible foreclosure. You may want to take this topic up with your POA Board to see if there is a reason for why enforcement is not being done or if a new management company should be hired.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA and property manager are proposing to implement a system of applying financial fines against owners who they allege are in violation of community DCCR’s. Our governing documents (By-Laws and DCCR’s) do not provide the HOA the power to apply fines. The only enforcement power granted to the HOA Board is the power to litigate to enforce compliance. I’ve read online that HOA Board’s do not inherently have the power to apply fines if such power is not grated to them in the community’s governing documents. However, this distinction/limitation doesn’t seem to be mentioned in the property code itself. So, my question is can our board institute a policy of applying fines to owners who violate the DCCR’s or not? Our DCCR’s contain only the following on “enforcement:
Article 26: Enforcement
(Presented in its entirety from page 21 of the RR-DCCR’s)
“If the Owner of any Lot, or his heirs, executors, administrators, successors, assigns or tenants, shall violate or attempt to violate any of the restrictions and covenants set forth in this Declaration, it shall be lawful for Declarant, the Association or any Owner subject to this Declaration, to prosecute any proceedings against the person or persons violating or attempting to violate any such restrictions and covenants. The failure of any Owner or tenant to comply with any restriction or covenant will result in irreparable damage to Declarant, the Association, and other Owners of Lots in the Subdivision; thus the breach of any provision of this Declaration may not only give rise to an action for damages at law, but also may be enjoined or may be subject to an action for specific performance in equity in any court of competent jurisdiction. The bond required shall be no greater than $500.00. In the event an action is instituted to enforce the terms hereof, or prohibit violations hereof, and the party bringing such action prevails, then in addition to any other remedy herein provided or provided by law, such party shall be entitled to recover court costs and reasonable attorney’s fees. The Architectural Control Committee, Association, and/or Declarant shell not be charged with any affirmative duty to police, control or enforce the terms of this Declaration and these duties shall be borne by and be the responsibility of Lot Owners.”
Your question is asking for a legal interpretation of your documents. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge
Our POA Board says property code section 209 grants them the authority to vote on the lots owned by the POA. I don’t believe that is true. Also, how can the Board voting the POA lots in a Board election not result in unduly influencing the outcome of an election? How is that benefiting the entire community?
This is a very good question. The HOA Reform Coalition of Texas position on this topic is that a Board should not have the ability to vote POA lots. We do support the idea to use the POA lots for quorum purposes only. You will need to review your deed restrictions carefully to determine if the POA Board is allowed to vote POA owned lots or not.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I fell behind on the 3k worth of HOA assessments. It became 18k. It was nuts but we stayed quiet and offered a 12 month payment plan to get it behind us. Rejected. keep pushing for 1 month or 3 months. I paid a partial. Then sent me a foreclosure notices and added 4k in more fees. I had to find a way to pay it. I understand late fees. But they try to kill me attorney and misc fees. ( so stressful, we felt they singled us out for some reason to add so many fees. we fell behind but good people) It was just not normal or even evil to let fees run wild. . On this site, Im reading so many homeowners have the same issue with texas HOA. HOA fees need to have cap. With covid i dont want any other homeowners go through what my family did. It evil highway robbery. We need to push for change. Need HOA reform
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not.
The HOA Reform Coalition supports eliminating attorney fees in many circumstances and to cap attorney fees associated with assessments to prevent the escalation of costs. In 2021, Representative Sherman introduced HB2387, which the HOA reform supported, as an effort to limit these escalating attorney fees. Unfortunately, this bill did not become law.
The HOA Reform Coalition intends on re-introducing this legislation in the 2023 session. HOA Reform Coalitions welcomes your support on this issue as well as others.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Why are required to pay ten dollars per vehicle in 2021? Last year the first two were free then 5 dollars per vehicle. No notice was sent to me via mail, text or email. This a breach of contract between the POA,HOA and THA, we have no rights to in this matter. They raised dues a few years ago even after it was voted done by residents of Hot Springs Village. They used a clause that stated not enough votes were cast. As a current residence of of the village, I was a property owner with a out of town address, I never recieved an email, text or letter. I am willing to take this to court! They are taking advantage of our age and judgement
The extent of POA power to impose charges or increase fees for subdivisions and condo depends on your governing documents and state law.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
A woman is asking people for 400 dollars per house for a home owners association. Her made up hoa isn’t even registered. I gave her money last year and she is saying she doesn’t have it. It’s a scam that is costing a lot of people on the street money. We are scared she will put a lean but there are no meetings or elections no flyer nothing saying where this money goes. This is a scam that is scaring people and robbing them blind. She is saying she gives details of where the money goes at a meeting she invites no one too. I told her when are elections, apparently they address those at meetings they don’t have. The last meeting was in 2006!! The majority of the street does not want an HOA and the amount of money she is getting does not add up. The street is not well kept and there are zero events. She is clearly pocketing money. Please address this! I’m contacting the non emergency police number as well. I don’t want anyone else to suffer from this scam. If there is an HOA there needs to be elections and we need to know where the money is going and vote on what it goes too.
The following steps can help you determine if a POA is legitimate:
1. Check your closing documents, in the title insurance policy it should state whether or not a POA existed when you purchase your property. In rare circumstances, a POA is established after closing. In recent years, a disclosure form may also be included in your paperwork.
2. Check with the Secretary of State if the POA Articles of Incorporation have been filed
3. Check the County records where the POA exists to determine if deed restrictions, also called declarations, CCRs, or covenants have been filed
4. If being managed by a management company, again check the County Records for the filing by the management company stating their POA representation
As for “good standing”, POA members should be aware that a POA can still be powerful even if not in “good standing”. “Good standing” issues, especially those at the Secretary of State, often are easily resolved by the POA.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Why not just go to the media? Don’t you have a local Troubleshooters or something? Media attention might catch the eye of a lawyer who might help. You can also write a letter to your state’s Attorney General about the matter. Do all of the above. You can tell her or not, but she has to provide some accountability. A local news station might get some answers out of her.
Why? we as homeowners should not defund the HOA? My problem with my homeowners’ association was/is communication. The association was sending my mail to the wrong address, after informing them of the error they filed a bogus lawsuit to have permission from the courts to sell my home. I wonder how many other senior citizens are losing their property because of their irresponsible actions. and the homeowner is left with a large price to pay the association. Something legal should be drafted against the HOA to stop the harassment, possession, and corruption.
HOA Reform Coalition does question the need for HOAs to have so many powers. Your experience with poor communication is all too common.
During the 2021 Legislature, Representative Shaheen presented HB3857 to require certain notifications before an assessment lien could be filed. This bill was left pending in committee when the session ended. The HOA Reform Coalition supports this type of legislation and believes this is a needed protection for homeowners.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA wanted me to go to mediation about my husband temporarily parking his trailer here. I spoke to HOA attorney and he agreed we don’t have to go because I had already handled this. The HOA knew it was temporary, I was communicating with them while I seemed off site parking. He said to email him that I would comply and no mediation. Now HOA is billing me for legal fees because they had to pay the lawyer to send certified letter and for his time. Do I actually have to pay that? To top it off, they haven’t stopped others from parking buses, trailers, boats and commercial vehicles!
You raise a great question concerning if you are required to pay for the attorney costs. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hello
My association charges us legal fees if we are 15 days late in paying . So instead of paying $55 ,we have to pay $110.87.
This does not seem right. They are robbing us.
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges,
**Disclaimer – Everyone’s situation is different and this is not legal advice**
For 47 years our POA board decided not to charge a Construction Inflation Fee on our annual dues. The board now is raising our dues for these last 47 years per this Inflation fee, plus $50 a year to give to our water company. Wouldn’t this fee be considered abandoned and what the board is doing a violation? Is all this legal? Also, we have no expectation date listed on our CC’Rs.
The question here is can an POA retroactively assess the construction fees. You will need to review your governing documents and possibly state law to determine what is allowed and not allowed for your community. Maybe there are limits for how much fees can go up in one year or other such limitations.
In the end, this seems to be a legal issue with many considerations and complexities. You may need to contact an attorney for legal advice. You may want to visit this website, https://texashoas.org/
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA has broken HOA Texas law. When I wrote to the Attorney General about the many violations including the false scare tactics used to get illegal Special Assessments passed, they wrote me back that it was a big enough audience for them to be bothered with. Who is there to stop the runaway HOA Board is the law will not be enforced??? Do they have a free pass on violating the law????
Sadly, the response that you received from the Attorney General is all too common. Many others complain to the Attorney General but do not even receive a response.
City and County officials also often have this same stance that they are not concerned with the POA actions that are violations of the law. Even worse, some local governments assist POAs, rather than protect homeowners.
The most important people to stop a runaway board are the owners of the association itself. Get a group of homeowners together to either amend the restrictions/rules or vote the current Board out. We can provide support, and including advice learned from past success. Another option may be to sue, but there are often reasons not to sue.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Same thing happened to me thru Ken Paxton’s office..we ended up getting g a high priced lawyer and still working on issues with county DA and county Attorney
How do you determine if a POA is legitimate and in good standing with the state of Texas?
The following steps can help you determine if a POA is legitimate:
1. Check your closing documents, in the title insurance policy it should state whether or not a POA existed when you purchase your property. In rare circumstances, a POA is established after closing. In recent years, a disclosure form may also be included in your paperwork.
2. Check with the Secretary of State if the POA Articles of Incorporation have been filed
3. Check the County records where the POA exists to determine if deed restrictions, also called declarations, CCRs, or covenants have been filed
4. If being managed by a management company, again check the County Records for the filing by the management company stating their POA representation
As for “good standing”, POA members should be aware that a POA can still be powerful even if not in “good standing”. “Good standing” issues, especially those at the Secretary of State, often are easily resolved by the POA.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
When a bank or lender approves anyone for a mortgage loan on a home, no one should ever be allowed to come between that agreement and the buyers. The sole purpose of the buyer is to buy the
Home, not a swimming pool, or Clubhouse, Gym or Golf Course but the home .
However we have allowed Home Owners Associations to tell people they don’t qualify
to move into certain communities. This is wrong and needs to be corrected A.S.A.P. If the bank approved someone to buy a home who are these people that say you’re not approved I strongly feel that it is
The Builder’s responsibility of the New Homes Communities to set the record straight.
We live in a small POA. I came home today and saw some of the board members and a company cutting tree limbs from the road and from members’ properties. When I got to my house I noticed they had cut my trees as well without permission. I normally keep mine trimmed from the road during the winter since these are pecan trees. I even have ‘no trespassing’ signs on my fence. I asked one of the board members why they didn’t contact me and all I got was, “I forgot”. From what I see they illegally trespassed on my property to cut the limbs all because someone complained it touch the people in the boat as they drove by. I don’t feel they had a right to do this.
We are a small HOA, consisting of 310 properties. The HOA Board has not posted minutes of their meetings since May 2017. The HOA Board voted to award a contract to the Vice-President of the Board who submitted payment voucher for work not done, approximately 19k and against HOA Laws/covenants. The Vice-President submitted payment to a company not registered in the State of Texas. I checked Secretary of State website. Complaint was filed with local Law enforcement agency who refused to take action. There is no oversight for HOA Boards in the State of Texas and the current laws offer no relief.
HOAs can’t tell me what I can nor can’t do on the property I purchased with my own money. The rules they set forth are a direct violation of the USA constitution. I should be able to do anything on my property that is lawful. HOAs have no right to tell me what colors I can nor can’t paint my house nor what I can nor can’t build on my property. They are the most illegal organizations in the world and need to be abolished.
You will not stop the HOA’s abuse until the State creates an oversight committee to hear and take action against the HOAs.
We need to ALL ban together and contact our State Legislators to create such an oversight committee.
Three of us (a realtor, an army veteran and myself) were voted in by a majority of the owners of a large but troubled condo in January 2018. We gave our all to a troubled homeowners association, giving hundreds of hours in volunteer service to save the HOA from bankruptcy.
We fired the attorney for cause. Then the opposition on the board secretly engaged the same attorney to amend /rewrite our bylaws to give themselves power to kick us off. They did just that. It went against the Original bylaws which were unchanged for 38 years and require 2/3 of the entire ownership to change Bylaws.
We also still believe THEY violated state laws and are misinterpreting these laws in such a radical way that will have destructive consequences to other HOAs. They have ZERO case law to support their interpretation of state law, so with our case they are trying to CREATE it. Our “crime” was to challenge their ability to rewrite the Bylaws to remove us in a way that contradicted our Bylaws and our consent provisions designed to protect owners from exactly this kind of thing! Our Bylaws are abundantly clear it takes the consent of 400 owners to amend the Bylaws, NOT four owners! They are the ones breaking our very restrictive bylaws, not us!
There is a major problem with HOA’s designating what we do with our properties. They interpret bylaws to fit their ideal neighborhood and most have absolutely no common sense or knowledge of how communities work. They amend bylaws simply by “acquiring” quorum. Funny because we always receive notices in our subdivision on how another meeting or election is required, which costs “the association money” and requires another meeting or election. How they get around this? Well simply just change the bylaws to keep current board members if quorum is not met. Just change the bylaws and enforcement to fit your needs and desires. Great choice to protect the wishes of the majority of property owners. It is no longer about “protecting” home owners or property values. It is about enforcing your will on your fellow neighbors. Funny how HOAs were conceived to prevent opposed religions or races from entering the community and now we have made a full circle back to the oppression and dominance phase for HOA boards. I will never live in another one again.
We definitely need HOA reform in Texas! These HOAs are out of control making innocent residents’ lives miserable by constantly harassing and threatening to foreclose on their properties! What is going on??? Please tell me something can be done! I am now trying to prove my innocence after payments were not applied to my account correctly making me lose sleep and affecting my work.
Something will be done when homeowners unite and demand that the laws be changed. Go to the Coalition home page and scroll down to the January 2017 letter “HOA’s Relentless Assault on Texas Homesteads”.
I have sold my home in Texas after living there since 1981! Between the horrible HOAs and what they do to neighbors (making watchdogs for infractions) and property taxes, we moved to the Midwest!
I found a lovely home in a Norman Rockwell setting without a HOA! Who needs MORE government that cheats us at every turn?
Location matters on neighborhoods.
We live on the edge of Hill Country below a big city. Sprawl is moving out fast.
We have had several new builders out here on acreage lots. The new city people bring city rules and fees. We are 50 yr community with old covenants and new HOAs people onboard.
This HOA president wants “social progression” with city amenities. We once had only 2 trash collectors twice a week. We now have 3 trash collectors, 5 days a week with 3 running on one day, which adds up and is more wear on our country roads. That’s “Social Progression” ?
This HOA president solicits money on HOA title emails to our neighborhood instead of using her own social media site.
She also wants to change everything, update wording and add to our covenants adding with higher fees. Add what is the SCARIEST Question, No flags flying, color of paint on house which we can see from road. Who knows what she would add.
We’ve lived with ridiculous “membership” fee, which is only pay to vote on board.
We never see meeting minutes.
We agreed in a vote to NOT update Covenants at last renewal. But that hasn’t stopped her.
We are always watching her sly moves to keep her issue going.
She will do anything to keep us from bringing up important issues we’ve repeatedly asked her about – e.g. begging for important info on our neighborhood and meeting minutes that we used to get quarterly.
This HOA president refuses to post or tell us any meeting minutes. She updates only minor info in website. To date we have nothing for 2019, only when a meeting happened. She refuses to answer without a “lawyer’s consent” she says. Our neighborhood only gets important info from us.
Landowners want to come home and be left alone.
My subdivision is suffering from several abuses from the POA and we need help. These are not simple violation issues; these are serious abuses.
– Two neighboring subdivisions were annexed and given full rights to our amenities. There is a geographical separation.
– More than 20 subdivisions in Houston, all of them owned by the same developer were given limited rights to our amenities.
– Our amenity is being used as an event and wedding venue. We were told, some of us in writing, that the amenities were exclusive to residents and our $1400/year fee reflects this. It’s a Lagoon.
– The gates for our gated community remain open.
– Bulk services include a mandatory fee of $180/year for a security alarm service. Other communities owned by the developer are required to pay for internet and cable as well. We feel that the POA should stay out of the interior of our homes and not make these personal choices for us.
-The mandatory security alarm service does not include the necessary cellular back up. Other options like cameras and motion sensors bring the monthly total above that of commercial competitors.
– The POA collects a fee at closing for their Adopt A School fund. As of September, the fund balance is over $100k and only 5% has been expended to schools. For 2018, less than 10% of the money collected for this fund was expended.
I own property (empty lot) in Bulverde,Texas.
The HOA transferred the management rights in 2017 and did not ensure accurate information for its property owners, including those, such as myself, that own property in the community but live elsewhere, from its prior designated management company – which IMO from a billing perspective, was FLAWLESS. The HOA and the new management company blame this on the outgoing company seeking revenge on them for winning the business, which unfortunately puts the owner in the middle with no defense.
The new management company and the HOA didn’t see the importance of taking care OF THEIR HOMEOWNERS in this particular situation when they began to receive returned mail from them to my empty lot.
Despite having the ability to retrieve my mailing address from the County tax website, which is current because I pay my bills, they instead decided to turn my account over to a law firm.
Upon receiving a certified letter from the law firm for charges which I wasn’t aware of because the HOA Management company didn’t verify information with MY HOA and THEIR HOMEOWNERS, I immediately contacted them and sent a check overnight.
What followed has been months of back and forth between the HOA and the law firm to determine what I owed after the payments I sent have been received. This has resulted in incorrect amount TWICE PLUS PLUS stated by the law firm above, only to have the law firm come back again and tell me AGAIN that they made a mistake and I owe a different amount. MY HOA has been absent in this process – limited, delayed or NO response to emails, phone calls or text messages.
As a homeowner I should not have to be driving this process with my HOA, their management company or their law firm to collect a fee which they missed because they didn’t have accurate information in the first place (none of which was my fault).
I have repeatedly had to chase the law firm for updates, request for correct amounts due and status while they apparently continue to have errors in their information and simultaneously add fees on to my account.
There has to be something that can be done to protect owners in this situation of incompetence that doesn’t cost the homeowner to fight in a court of law.
Privatization has provided no oversight agency. Contact your state senator and representative. The legislature has given HOAs all this power and left the homeowner powerless.
I own a unit in a Houston Condo. We have had a 14% increase since November 2018 in maintenance fees. My roof is leaking and causing damage inside. I hired an attorney to communicate through as the president threatens me as well as other owners and residents. I need the leak fixed ASAP. What should I do? She ignores my attorney. She also informed owners that next week’s board meeting will be via teleconference and no one can attend. What can we do? Our reserve money is way down, the roofs are deteriorating and she and the board are walking away with money all the time?
Privatization has provided no oversight agency. Contact your state senator and representative. The legislature has given HOAs all this power.
– We the homeowners recently learned the walls surrounding our lakes(bulkheads) are failing.
– We have been told they are failing due to construction and actions taken/or not taken by the developer and our board, ie deferred maintenance.
-We have been told by the HOA attorney that the developer went bankrupt offering no specific name to the bankrupt entity. We have found no evidence of this being a true fact.
-HOA Board and the Property Management Company do not seem to be helpful in any way.
Homeowners are deeply concerned about the bulkheads.
Our last election did not adhere to HOA’s governing documents. We worked hard to support a strong leader and obtained a large number of proxies for an election last week. But the management company did not follow proper procedure. We are looking for the best next steps (on both election and bulkhead concerns).
The management company in Houston that handles our HOA chose to wait until they were closed on a Friday night to chop beautiful mature crepe myrtles – four in each Of 6 cul de sacs.
We have received conflicting stories and finger pointing.
A homeowner is also on the board.
Representatives from the Management are avoiding calls and emails from mortified citizens. We all stood there hugging each other and crying.
I live in a Polk co. subdivision run by nepotism! Our bylaws and deed restrictions are not followed by the board members and we are trying to get them all out. We started trying to vote them out and they changed the rules and denied proxy voting which is in our deed restrictions. They tried to keep the annual meeting a secret by only posting it the night before the election. At the meeting the secretary that controlled the ballots and two other people handling ballots were asked aren’t you the wife of a running member? Yes! Anther was asked? Aren’t you related to the president? Yes !daughter in law and another was cousin We started a petition to remove the entire board for not following deed restrictions and bylaws and they immediately started calling people and threatening them and posting deed restrictions violations against people on our petition . They immediately called for a meeting and now we are waiting to see if they will call for another election or step down. They say they have to talk to their attorney. We sent this information certified mail and I think we are supposed to have our own election after 30 days without a response. All we know is what we have read online and our Texas code book.
I also live in Polk county in a subdivision.
We have the same problem as the board of directors do not follow T.P.C or our by-laws. They make up their own rules. I have given property owners a chance to get rid of them with no results. July’s monthly meeting they announced a road assessment ballot will be sent to members. Included in the ballot is an annual road assessment of $100.00 per lot. And they said any ballot that is not returned will be counted as a yes. Right now we pay $90.00 annually per lot. So this would be over a 100 percent increase.
I NEED SOME HELP ON HOW CAN I RUN A PETITION TO GET THE PRESIDENT OUT OF OFFICE BECAUSE HE IS VERY ABUSIVE ESPECIALLY TO THE HISPANIC THEY ARE SENDING VIOLATIONS AND THREATENING TO FORCLOSE IF THEY DO NOT PAY THE FEES. I OWE THEM $1045 AS NOW IS GOING TO BE MUCH MORE NEXT MONTH.
Thank you for contacting the HOA Reform Coalition of Texas. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
My HOA has $30,000.00 gone. No roads. Dumpsters removed. Swimming dock broken and underwater. Dam in danger. I fixed out of my pocket one road and dam so they sued me. I own more land than anyone here. It’s all connected also. They threatened me very often. I live in fear of losing everything over jealous and abusive power and mismanagement of funds as I once sat on the board and I know all too well of their corruption. I need help.
I have lived here near 20 yrs. I am in constant fear and depression with heart condition. My husband is disabled vet. We are being attacked.
Purchased a luxury custom home in a “gated” community in March of 18. HOA is not fully active because developer hasn’t turned it over to the HOA yet. Developer refuses to close gates during day and on weekends and keep neighborhood secure despite requests by several homeowners who thought they were buying into a gated community off a busy street in Arlington, Texas. Construction workers come and go at all hours unsupervised by custom home builder. They are given out gate codes for nighttime entry. Residents do not know if they are bonded or insured. Developer has not released financials for development despite several requests. Developer has not billed for 2019 contributing to neighborhood being unkempt with trash and debris.
In a city council member election can an a Texas HOA block an opposition candidate from campaigning door-to-door within the subdivision while allowing the HOA’s candidate unfettered access to the subdivision’s residents?
Shu Bartholomew http://www.onthecommons.us believes that when you live in an HOA you “have left the American Zone” and have surrendered your constitutional rights.
Ever since our POA was turned over to the owners in 2007, there have been numerous violations of the Texas Property Owners Protection act specifically as to open meetings. Finances have been discussed and minutes approved behind closed doors. In one “executive” meeting the summary included this statement: “All board communication must be handled in open meeting rule format and email communication between members may not occur to discuss specific issues.” I seriously doubt these board members have read or understood the law nor have they read or understood their by-laws. A group of us are trying to correct this and other problems. However, our resources and “recourses” are limited. We are making some progress but because of these violations, there is a lot of suspicion about what has been going on.
I sent our HOA an email disputing some late charges. I followed all of the necessary steps that they instructed me to follow. 10 days later I never got a reply from my first email but today I get another letter with over a $130.00 in additional late fees. How can they ask owners to follow the steps yet add additional late fees without even answering the first email that was sent?
The Texas legislature needs to change the property code to allow derivative lawsuits to be filed against HOA boards for violation of fiduciary duty. Right now the only way HOA members can be personally sued for violating their duty to the HOA is by a the HOA board itself. If it is a small HOA in which the board constitutes the majority of board members (as in our case), the HOA board members can violate their fiduciary duties with no repercussions because they cannot be sued individually and the HOA board can buy an insurance policy to pay for their legal costs. That forces the minority HOA members to spend a tremendous amount of their own money to fight for the rights that are theirs and that the HOA is supposed to protect. This has happened to us. Other states allow derivative suits to be filed against the HOA members for this very purpose.
HOAs – Texas 209 was improved greatly in 2015. NOW IT IS TIme to require HOAs to follow the full umbrella/scope of the Texas Open Meetings Act. Further, that there be some consequences for violation; even if as simple as Invalidating actions taken during these ‘secret’ sessions. In addition, Meeting notes of an HOA Board meeting SHOULD be published for owners within 30 days; hardly a difficult accomplishment for any Board.
My HOA is not doing anything regarding a complaint I made and is now insisting I use a special form. This form requires another neighbor’s signature saying they saw the problem too.
None of my neighbors will get involved and the HOA Vice President and her underling who sent me the new form know this very well.
Fear is always evident in HOAs – fear of being the target of HOA power.
My neighbor insists to write in an ex Fed felon with over 100 counts of grand larceny etc as a board for this coming our Property Owner’s Association’s election. He is also convicted on a perjury (misdemeanor A) at the county district court. And there are three criminal cases pending at the justice of peace and the county court. Can he be elected and serve as a board? HIs federal conviction was in 2003-2004 and the perjury charge was in 2012? Thanks for your reply.
Please read Texas Statute 209.00591 (b): “If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member was convicted of a felony or crime involving moral turpitude not more than 20 years before the date the board is presented with the evidence, the board member is immediately ineligible to serve on the board of the property owners’ association, automatically considered removed from the board, and prohibited from future service on the board.”
Management recently enacted a policy that automatically and without recourse places notes on owner’s credit reports. The HOA is unable to answer questions about this policy regarding process, notifications and privacy concerns using third party services not approved by the homeowners.
Independent Communities is having an HOA poll. Once you vote, you can see the results of how others’ voted. You can visit it here https://independentamericancommunities.com/2019/02/03/what-readers-think
I have left 13 messages to the HOA in the last week. My ceiling in my hallway has collapsed due to a busted water pipe. My insurance company can’t proceed forward with my claim because they need certain documents from my HOA . I need their cooperation so I can have my condo repairs completed. The HOA will not respond to me or my insurance company.
Texas passes HOA and Condo laws, but does not have a way to enforce them. It is up to the owner to enforce codes, etc. Look at my effort with Hide-A-Way Lake Club, Inc. Go to this site: http://www.godslittlehoa.com/
Our condo association is ruled by one owner that owns 70 percent of the condos No one can get on the board except who he wants because he controls the number of units. The property management used to work for him and their homeowners are stuck with the same president and no one else can get on the board.
One of the dangers of condo life is control by owners/investors of many units.
war wrote 2/17/19: Most of the 50 townhomes are now owned by three individuals who do not reside here (they see this as investment property) but they control
the majority vote. There is something implicitly wrong with the idea
that the people who do not live here decide how I and others will/must
live!
My HOA community had the same board members for 30 years. I am on my fifth year cleaning up the mob after the discovery of stealing our community funds. This is not just a random isolated case but rather the norm. Everywhere I turn I hear horror stories from people about their HOA board members.
They are bullying us, they are violating every law and they are stealing away our investment. The sad part is they are doing all that by using our beautiful hard working money to get the best lawyers for their defense. Our legislators must take action to stop these criminals. We need clear and strict laws and we need them enforced by penalties.
I wrote a letter to our Texas governor and he replied to me “The homeowners have the power to replace the board.” Easier to say than done. Our Governor lives in a cloud and he has not seen his fellow homeowners turned into criminal bullies as soon as they get elected on the board. The problem is real Mr. Governor, Mr. Senator, and Mr. State representative. Please don’t turn your back on us allowing greedy people to terrorize our lives and waste our hard-working investment.
Our state demands a license to have a dog and you allow some random ignorant people to run HOAs without any accountability.
I am going though the same problem in Navasota. The HOA is trying to charge the property owners with maintenance fees for work they have never performed. Ever!
I just wrote the senator ,mayor, city manager and now I am going to write the governor. I have tried to run for the board and every time they rig the elections. So I will invite the governor to be the person that does the recount. My HOA is stealing money right in front of our faces. There is nothing we can do because everyone says it is civil. I think we all should start emailing these people every day until something is done.
If I was to walk into a store and steal $50.00 worth of food to feed my family, I would go to jail. These people are stealing money for nothing but greed and getting away with it.
Our condo HOA Board imposed a new assessment fee on October 27, 2018, effective November 1. It must be paid in equal installments until April 2019. My unit will be $2100, that’s $350/month on top of the maintenance fees I pay of $224/month. No competitive bids, 3 day notice. Unbelievable!
OUR NEIGHBORHOOD IS HOPING THAT YOU CAN HELP DIRECT US TO A COUPLE OF ATTORNEYS WHO ARE FAMILIAR WITH HOA/POA TX STATE LAWS.
OUR CURRENT BOARD IS CONTINUING TO COMPLETELY DISREGARD OUR BY-LAWS, DEED RESTRICTIONS, as they continue RELENTLESS HARASSMENT TO THE HOMEOWNERS .
WE NEED AN ATTORNEY TO REPRESENT US, THE HOMEOWNERS AGAINST A BOARD THAT HAS GONE ROGUE !!! WE ARE STILL IN THE THROES OF TRYING TO RECOVER FROM HARVEY. THESE ARE OUR FELLOW NEIGHBORS who ARE HARASSING US.
Our HOA Board and the company they hired to enforce deed restrictions, pick and choose which deed restrictions they are going to enforce and which ones they are not. If you complain about a deed restriction they have not enforced, they say the board granted a variance, although the variance has not been recorded in the official public records also specified in the deed restrictions. I feel this is fraudulent and unjust. Deed restrictions and enforcement is supposed to be a dual obligation.
Our HOA fees doubled this year. We are not shown the books to learn where our money goes. Our streets are dirt. Paved roads are for those that are serving on the board or own several properties. There are a couple of property owners who have bought up several lots that monopolize the votes. One person has more votes than all other property owners combined.
The majority of folks in the community are retired on fixed incomes. The fees were increased from $650 to $1,200. No one even monitors or enforces the laws to ensure properties are kept clean. This is one of the main purposes of an HOA. We really need help to find out what recourse we have to clean house and get a legitimate HOA that isn’t taking our money, taking advantage of the old and not keeping up the neighborhood. Anyone who speaks up, is retaliated against by these felons on the board. Our members need help!!!
The property manager is a tyrant who controls our poorly run Board. The last idea was for the management company to use our funds to illegally re-stripe the curbs on a public road in the City of Houston and designate where we were allowed on a city street. We are not allowed to park on our own property without being towed and now the tyrant wants to dictate where we can park on a public city street. I have contacted the Parking Management Director with the City of Houston and he is looking into the matter. Re-striping a public road is a violation of the city code. We have been told to paint over the striping by the parking management office but I am waiting to get that in writing. What a shame that we have to go through this.
We can’t seem to get a quorum so we can get rid of this horrible Board and this really bad management company that calls all the shots.
The HOA chooses what they personally want and do substandard repairs. Recently I contacted the City of Bedford and when the board member found out he ripped up the wiring. Since then he has attempted to find any violation to cite me – all only proven false. I do strongly agree many HOA bylaws are written by persons who need to control others. My community suffers because of the volunteers who are given power by rules written to deny our right to enjoy the comfort of our homes. Help is needed.
My HOA dues go up and up, and services are less and less. I have a 1,500 sq. ft. unit in South Austin and pay almost $500 per month on dues. Way above comparables for the neighborhood.
We are supposed to have an external audit every year according to the bylaws to show where our money is going.
I’ve been here 12 years and we’ve never had one. I’ve requested several times and been told that an audit would require a ‘special assessment fee.’
Something is not right. I’m very frustrated. I’ve offered to be on the board for many years to help manage, but the husband and wife HOA president(s) have been the monopoly managers for almost 10 years with almost no change to the board members.
My HOA dues are almost the same as my property tax. And all I get is a few leaves blown around my porch every Friday.
Is there somewhere I can go to get some help with this?
Our state senators and state representatives should respond to homeowners’ complaints by insuring HOAs will be penalized for any infractions. It is a terrible injustice that HOAs have been given such power with no responsibility. It is a terrible injustice that no authority was established to oversee HOA control.
I’m new to the USA and new to HOAs. It seems that after consulting with my neighbors we are being targeted unfairly with ever increasing infractions for very minor issues where our neighbors are not.
Our trash is collected on a Thursday morning at 7am. My wife puts our bins out on the driveway on Wednesday afternoons so that I can put them out on the curb when I get home from work. We received several infraction notices about bins. At least 3 of my neighbors have bins on their driveways but none receive notices.
We often receive very vague infractions about the color of the stain on the fence asking that it be re stained without any information as to what the requirements are.
We’ve had them complain about the length of the grass which I cut every week when my neighbors do not and they don’t get infractions.
I’m so very tired of the stress and hassle involved. I wanted to put up a new fence, which was denied for lack of information. My neighbor who I share the fence with then replaced it and we got infractions stating that we have 10 days to take it down or resubmit.
Yet the same HOA does very little for our community. They do very little for our safety and they actively refuse to deal with the city for issues with the roads and sidewalks.
We received the first infraction less than 10 days after moving in while we were at the hospital birthing our son.
My HOA breaks every bylaw that’s been written; hounds us for money saying it’s due to more costs. They raise our dues yet nothing ever gets fixed or taken care of. I just want to know why no one in my HOA in Melissa, Texas, will stand and fight back?
To be a “Government of The People”, the people must unite and demand their senators and representatives represent them and not paid lobbyists. In their own HOA they must unite and elect boards that are able and just.
I live in an HOA that has not authorized the county Sheriffs Department to enter the gate and issue traffic citations. We have speeding, drinking while driving vehicles and golf cars, and minors operating golf cars with no adult supervision in the vehicle’s front seat. I wouldn’t recommend stopping vehicles or arming the security officers, but instead would suggest radar and dash cams for vehicle and license plate identification. Also, have all golf cars numbered to eliminate pulling over children.
I own a Condominium in Texas in a mid rise building. There have been leaks in building from various sites. There have been some repairs, but the leaks continue.
The unit next door, has become available and I am considering buying it.
I want to ask the HOA for information about what knowledge of the leaks they have. I would also like to know of any deferred maintenance that they have knowledge of.
The board is very secretive and never answer direct questions about leaks and damages or maintenance. I am curious what
format should I use.
My HOA enacted a rule allowing golf carts on HOA pedestrian walkways. However, there is a City Ordinance on golf cart use that forbids golf carts on pedestrian walkways. HOA says they permitted it for both. City granted permit. Seems like a conflict of reasoning here.
I have understood that HOAs can be more restrictive than City ordinances but not less restrictive. Where can I get a proper determination on this without litigation? The Attorney Generals office or other? How do you get so