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.

Before posting your comment or question, you might check our FAQs to see if it has already been addressed.

***Disclaimer – Everyone’s situation is different.  This is not intended to be legal advice. Please consult an attorney.***

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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!

  6. 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.

  7. 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?

  8. 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.

  9. 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.

  10. 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.

  11. 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.

  12. – 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).

  13. 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.

  14. 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.

  15. 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.

  16. 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.

  17. 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?

  18. 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.

  19. 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?

  20. 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.

  21. 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.

  22. 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.

  23. 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.”

  24. 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.

  25. Independent Communities is having an HOA poll. Once you vote, you can see the results of how others’ voted. You can visit it here

  26. 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.

  27. 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:

  28. 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

  29. 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.

  30. 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!




  32. 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.

  33. 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!!!

  34. 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.

  35. 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.

  36. 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.

  37. 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.

  38. 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.

  39. 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.

  40. 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.

  41. 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 something like this in front of the Attorney General?

  42. I have serious concerns about the operation and openness of the HOA in which I live. We are a very small sub-division and it’s in my opinion run like a a detention center. The result is no one wants to participate in anything even the meetings because you are dictated to and talked to like kids. I registered a complaint one year ago and no results. I was told I was the only one who complained and shortly after that the president hung up. I have registered my concerns on this site once before and all I got was lip service. I’m wasting my money paying HOA dues. I’ve lived in several states due to my former military career of 24 years and have owned homes in three other states with HOAs. This is by far the worst.
    It’s obvious that Texas has no solution for this disaster. When are you elected folks going to fix the problems? You know what the problems are. Fix them. I’ve been in Texas five years and had my house built. I asked for help and got nothing but when it’s time for elections you will be all over the place wanting votes. We need help but you Senators and Representatives don’t listen.
    HOA presidents are elected and supposed to serve and enforce the bi-laws in a practical and fair manner,not dictate .
    Fix the problems, if you can’t disband all HOAs in Texas, stop wasting our money.

    • jab wrote: I have registered my concerns on this site once before and all I got was lip service.

      Please understand this website is a volunteer effort to work with and help homeowners by publishing the problems and abuses homeowners have suffered in Homeowner Associations so that the legislature will be aware and will correct the problems. It is up to Texas homeowners to elect senators and representatives who will actually represent them. It is the Texas Legislature that has passed the Texas Property Code.

      • Tomorrow may be the last court hearing on my nearly three year battle with my out of control HOA. I’m obligated for about $65000.00 so far over a roof dispute.The HOA improperly changed the covenants re roofs. 17 per cent of the homes with multiple buildings have different roofing material ( 9 per cent is threshold for abandonment ). They levied a $50,000.00 fine against me,again improperly ,which was thrown out. I agreed to install the roof they wanted; rejected in mediation for location even though my location was well within previously approved STDs.
        I tried to go to regular court rather than the fraudulent and virtually useless arbitration process which was rejected.
        The arbitration judge’s response virtually mimicked the HOA lawyer’s language in his decision.

      • I am so very sorry for all the suffering you and multi thousands have endured in the HOA world. It is a heartless world that opposes the freedom and dignity of home ownership.

  43. I live in Dallas. I have paid HOA fees on time through DIRECT transfer from Bank of America for 264 months or 22 years without ever being late. Since Jan 2017 XXX Management Co’s accounting department has been sitting on bank transfers and posting payments after the 15th in order to generate late fees. I believe this practice is a violation of Texas Deceptive Trade Practices Act. They have now turned the matter over to their attorneys who filed a lien for an amount fully disputed and less than $1,000 dollars. I have excellent credit and never have been late on a revolving or installment payment. Paying a late fee is like throwing money in the trash.

  44. I live in Williamson County, TX . The short version is , a neighboring HOA is taking me to court, again ,because the county is condemning a road through my property ( commissioners court vote passed for the road funding and the right of way weeks ago) , and they are accusing me of “perjury”, violating an injunction, and “colluding” with the county commissioner to get a road that is needed in times of heavy rainfall to have an exit for 75+ homes trapped behind a low water crossing. Their complaint is that they do not want more than one entrance and exit to their neighborhood. I felt that reason was weak in comparison to +75 people trapped behind floodwaters. To be transparent, in addition to an emergency exit, I would gain better access to my 10 acre property making subdivision easier if we, (my wife and I ) , chose. Also , the complaining HOA is short sighted. The public road would reduce traffic through their neighborhood: delivery trucks, school buses , garbage trucks, or any other route vehicles would travel one way through their neighborhood and move on to my neighborhood instead of turning back the way they came. Also, when the low water crossing is flooded, my neighbors and I won’t park in their neighborhood and walk through our property ,16 acre area to walk through in the mud and rain, to get home, or go to the hospital, go to work, get the kids from school etc..
    The complaining HOA is using the courts not to stop the road, but as retaliation , whether they win or not, to drain my savings to my attorney to defend myself .

  45. I received a Special Assesment fees invoice for December, January and February DUE UPON RECEIPT yesterday 04/09/18 without previous written notice of what it is for or any other information. This shouldn’t be allowed. I do not go to work so that I can pay my HOA more than I can pay my mortgage everytime they feel the need to charge us again. The HOA should not have power over our checkbooks!

  46. HOAs are your modern day tyrannical regimes. If they do not like you, or a neighbor complains, they will do all in their power to humiliate you and try to get your money. Only a simple majority is needed to disband them. However, good luck getting anyone involved in the fight. Most are terrified of the HOA’s power. We paid for our property, not this small group of people.

  47. I recently received a complaint from my HOA that I need to remove the dirt/mold on my gutters. There is very little and all other homes in the area have some dirt/mold because of our humid and wet climate. I have reviewed the deed restrictions and can not find anything about this. I believe some of the complaints on my property are from a neighbor across the street. My property is well kept, trees trimmed and yard cut weekly.

    • Your problem is all too common. There have been cases where the owner brought pictures of many others’ homes with the same condition – some even board members’ homes – and the response was, “This is about your home, not the others.” HOAs are about power and control – and fees, fines, liens, and foreclosure.

      • “HOAs are about power and control – and fees, fines, liens, and foreclosure.” They are the epitome of absolute power corrupting absolutely. I thought that phrase was overreacting, but now I see it as human nature, which needs to be addressed. What starts as concerned community residents, quickly becomes the Gestapo, with little you can do. I’ve been warned about fines several times and always fight back, and win, but it’s exhausting and they know it. This clearly is an outdated and broken idea that needs to be fixed.

  48. I am having an issue with a condo owners association. I have water damage from water coming from inside a wall. It took them weeks to find the leak and fix it, but they have not and will not file a claim. They have been negligent. The walls are soaked. The condo association manager will not return phone calls. I contacted the board and they just refer me to the manager.

  49. We paid $220.00 HOA fees to the Association Management on our rental home at the end of Dec.2017 and received confirmation to verify payment. Then, received a delinquent HOA bill from Management for $288.66 including interest and administrative fees for the above property. They informed us they had credited the payment to the wrong home and we still owed all fees. Request to waive fees refused by Association Management although they made mistake. This company seems to lack integrity and abuse their power against the Homeowner.

  50. My HOA has violated many of its own by-laws: no notices of meetings, no annual meeting, refusal to provide any records of any kind, overcharging of HOA dues, fees, and assessments, no functioning board, electing felons to board, misuse of insurance proceeds. I purchased by-laws in 2012 because I was never given the complete by-laws, and I found that I overpaid my HOA fees, dues, assessments by nearly 10% for 10 years. In 2011 my condo had a fire that was a total loss. Insurance claim was fraudulently filed to include water damage to two other condos belonging to directors of board. Those two condos were repaired, mine was not. Insurance money received was not used to repair my condo as per by-laws. I have tried to sue the HOA for over 5 years and have gotten no where.

  51. Any major changes in due amounts, bylaw changes, etc. should be decided by a majority vote of the entire subdivision, not just the majority of the people that could make it to the the meeting. Some people can’t take time off of work, find sitters for their children, may not actually live locally, or may not physically be able to attend the meeting. It should be a requirement for the HOA to mail every homeowner an absentee ballot, NOT just a proxy. Some people own vacation homes hours away from the subdivision, and may not find it feasible to attend to vote. The pattern I see is the HOA board members have their little group that have nothing better to do than to have majority of attendance.

  52. HOA board members disapprove everything that is submitted (sheds, driveway extensions, etc,) unless you are friends or connected to them in some way. The former president and his buddy got the new board elected by door to door absentee ballots from people who were not aware of the favoritism because they don’t go to meetings and don’t have social media. Above ground pools are forbidden in the by laws but they gave themselves “variances” yet have denied patio extensions in people’s back yards. When this is brought up at meetings all heck breaks loose and nothing is done at the end. These are $300k to $500k homes and the value is dropping because of this HOA.

  53. Do the Texas laws that cover homeowners associations also cover property owners associations, or do they have separate sets of laws?

    • Property Code 204.004 (a) A property owners’ association is a designated representative of the owners of property in a subdivision and may be referred to as a “homeowners association”… or similar term contained in the restrictions.

  54. Our HOA will not have monthly meeting. You go in and if you have a complaint they hear you out and then you leave. They sit in a huddle and talk as if we are not there. They discourage people from going.I was told that as homeowners we did not have any right to know what was going on in our community. I told them we had by laws and that we need to follow them. Our by laws stated that the board can decide on things if it is an emergency. I was told that I can not get copies of the financial reports or minutes.

    • Texas Property Code 209.005 has information on Association Records. Texas Property Code 209.0051 has information on Open Board Meetings.

  55. Some of the residents of our subdivision are trying to start a POA. We have lived here more than a year and we do not want one. Can they make us join if they start one? Will we be held to their “rules”?

    • http://WWW.HOADATA.ORG has much information in its FAQ’s that may be helpful. Particularly this link could help you.
      For “Creation of a Property Owners’ Association” consult Texas Property Code – Section 204.006.

  56. I have a problem with the HOA charging me late fees because they changed their payment address. I did not get any notification. But the problem is they waive those fees for some residents and they don’t do it for me . They are really harsh to deal with and they are playing power on you and you can’t fight them back .(Plano)

  57. I’ve been dealing with my HOA for four years trying to get my fence fixed and my gutters fixed. Since Harvey my roof needs to be fixed but the HOA manager keeps telling lies and excuses. He has been manager for all 4 years and has purchased 28 units over the course of time. Our buildings need painting, our drive way needs fixing and roofs are leaking. He and the secretary were asked to resign but they refused. I feel he is stealing the money. He and the whole board need to be replaced and we need honest management. Our HOA fee went up ten percent more. There are 154 units.

  58. Hurricane Harvey??? Nothing is being done. Zero transparency. 4 months? Still paying full HOA fees. They seem to think we work for the management company. They hired unregistered, unlicensed contractors. Breaking into our condos, stealing and damaging personal property. Signed a post dated contract unilaterally. I literally can’t tell you the damage. It’s that horrifying. It’s even caused serious PTSD in some owners and some medical emergencies.

    • The Coalition needs all homeowners who have encountered problems with their HOAs to contact the Coalition, providing their personal information, information about the HOA, management company, and all other information necessary to effect a solution. The Coalition must have facts to present to the legislature.

  59. We have not had annual elections for three years for one reason or another. When we do have them they have to approve who is going to run. If they don’t think that they are going to be good, they are not approved.

  60. Our HOA dues are being proposed to be increased 196% this upcoming year. The Board has scheduled 3 town hall type of meetings to discuss proposal and I have attended 2, although they presented the same material. It became clear to me that it has already been decided to increase the dues and was basically an informative meeting to let all know that they are looking out after everyone’s best interest after review of a reserve study. They mentioned that 5 homeowners are currently behind on dues and with this increase, I imagine that those homeowners will not catch up then.

  61. I own a high rise unit that had major flooding in
    the basement that wiped out the electricity
    the elevators and chillers.
    Does the board of directors have the right to
    keep us from returning to our home?

  62. We have just been through a horrific natural disaster here in Texas, 100 000 homes lost, tens of thousands in shelters.

    I was very angry to find one of my neighbors going out as soon as the flood waters receded trying to get people’s cars towed. There were still helicopters overhead assessing damage and airlifting people to safety! But the real shock for me was- this woman neither owns nor lives on our property. Our management company apparently gave her authority to interfere.

    I am hearing from other neighbors that this woman has made their lives a misery. I did accuse her of bullying and vindictiveness, but I actually think she may have mental health issues. Nobody behaves like that during a horrible emergency as we are going through.

    Our neighbors here are very kind and compassionate and everyone else was trying to help.

      My HOA started sending me violation letters and photos of our recovery progress just days after.
      Now even with a city permit and making as much progress as humanly possible, I’m being sued by the HOA for my flood recovery efforts that date back TO DAYS AFTER THE FLOOD and while under declaration of disaster.

      What are my rights?

  63. My home flooded last year due to lack of drainage in the middle section of our gated community. I have lived in this HOA in Granbury, Texas, for 12 years, and yet they still won’t solve this problem.

  64. Attorneys and the boards are a big problem. Our HOA in San Antonio would not enforce upkeep and we’re falling apart. Then a management company was hired although residents were already paying dues. The President and board were under investigation and audit and they all resigned.

  65. My HOA has a rule which allows solar screens, but only if installed on the INSIDE of the home, which defeats the purpose of the solar screens. They will not allow solar film, only solar screens installed on the inside of the home. I do not understand how these associations are allowed to require homeowners to incorrectly install solar screens, or not allow improvements that will make the home more energy efficient and reduce costs.

    Seems to me that this rule tries to give the impression that they allow solar screens but discourage the installation. I have attempted to discuss this with the Board, and offered professional installers to answer their questions, but they are not open to this.

  66. I’m very concerned about the rapid growth of the HOA industry and see it as the rise of the new and more disguised Banksters. You pay for a house, then you pay for the land it sits on yearly in taxes, and now we must pay people to bully us about them. They are very scary, have somehow managed to acquire WAY too much power, and are growing faster than any other industry. I do share many of the newsletters on line, but so far, not enough people seem to see the threat.

  67. The HOA is not doing its job enforcing deed restrictions in our neighborhood just north of Houston, Texas. My neighborhood has many houses that have been in disrepair, and have had other obvious violations for the entire 5 years I’ve lived here. I’ve called and called for years, and I always get the “we send letters out” and ” those cases are probably with the attorney” and “it takes time”. 5 years? It takes five years to get someone to meet standards?

  68. My neighbors and I have concerns that our board member was elected unfairly. All in attendance at our yearly meeting received a ballot but some got 2 ballots per home. The member was elected with no term limit. We have asked for names and addresses without the person’s vote being revealed, of all that voted. The management company can’t find the ballots. The HOA says they don’t want another election.

  69. Our HOA recently held improper elections at our annual meeting. The ballots that went out to the entire community didn’t include a name that was submitted to the management company for consideration for a board seat. The ballots also did not include the language as required by the Texas Property Code with regard to absentee/proxy voting. When I brought this up at the annual meeting, the management rep said that it was her fault that the extra name wasn’t added to the ballot but that we didn’t have all night to talk about it, so the vote went ahead. I wrote emails to both the board and the management company concerning the improper vote. I got a brief email from the board saying that the vote was over, and they were moving on.

    The problem is, unless I file a lawsuit, how do you hold boards and management companies accountable to the Texas Property Code? I’m going to write to the Better Business Bureau with regard to the management company, but there doesn’t seem to be anything I can do about the board.

  70. Many of us have been rallying to get SB 1620 (the right to have backyard chickens) into the special session. There has become some concern that this bill will not include HOAs as the terminology used is “Political Subdivision” in one part and “Municipalities” in another. We are concerned that this is a way to skirt around giving us in HOAs less rights than those in cities?

  71. Can you tell me what happens if an HOA doesn’t hold its annual meeting that the Covenants show should be held?

    • Texas Property Code Sec. 209.014. MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING. (a) Notwithstanding any provision in a dedicatory instrument, a board of a property owners’ association shall call an annual meeting of the members of the association.(b) If a board of a property owners’ association does not call an annual meeting of the association members, an owner may demand that a meeting of the association members be called not later than the 30th day after the date of the owner’s demand. The owner’s demand must be made in writing and sent by certified mail, return receipt requested, to the registered agent of the property owners’ association and to the association at the address for the association according to the most recently filed management certificate. A copy of the notice must be sent to each property owner who is a member of the association.(c) If the board does not call a meeting of the members of the property owners’ association on or before the 30th day after the date of a demand under Subsection (b), three or more owners may form an election committee. The election committee shall file written notice of the committee’s formation with the county clerk of each county in which the subdivision is located.(d) A notice filed by an election committee must contain:(1) a statement that an election committee has been formed to call a meeting of owners who are members of the property owners’ association for the sole purpose of electing board members;(2) the name and residential address of each committee member; and(3) the name of the subdivision over which the property owners’ association has jurisdiction under a dedicatory instrument.(e) Each committee member must sign and acknowledge the notice before a notary or other official authorized to take acknowledgments.(f) The county clerk shall enter on the notice the date the notice is filed and record the notice in the county’s real property records.(g) Only one committee in a subdivision may operate under this section at one time. If more than one committee in a subdivision files a notice, the first committee that files a notice, after having complied with all other requirements of this section, is the committee with the power to act under this section. A committee that does not hold or conduct a successful election within four months after the date the notice is filed with the county clerk is dissolved by operation of law. An election held or conducted by a dissolved committee is ineffective for any purpose under this section.(h) The election committee may call meetings of the owners who are members of the property owners’ association for the sole purpose of electing board members. Notice, quorum, and voting provisions contained in the bylaws of the property owners’ association apply to any meeting called by the election committee.
      Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 5, eff. January 1, 2012.

  72. I am on the BODs. There is one director who thinks that all he has to do is show up for Board meetings. He never drives around to see if there are water leaks, street and entrance light are out in our common areas. Doesn’t really communicate with any HOA member. He was appointed to the position by his friend who was the President at that time. The President’s term ended and he was not re-elected. The board member still has a least 2 1/2 years to serve. He has been talking to our management company without the rest of the board present. Now he and the management company came out with a Code of Conduct resolution. Which basically changes how a board member can be removed. Our by-laws and Texas property code 209 state that in order to vote in or out a board member that 67% of the homeowners have to vote to approve to elect or remove a member of the board of directors. This resolution goes against what is written on the by-laws and the Texas property code 209?

  73. I really don’t know what to do anymore I need help. Our HOA has started towing cars if you don’t have a sticker but they will only give 1 per house. We have 2 cars so I have to park across the street. Now the head of HOA called and said my kids are not allowed to ride their bikes outside.

  74. Our HOA is under investigation of funds and most of the administration has resigned. An outside management company was hired and very expensive. They were not complying with the bylaws and many houses are in bad shape. We’re not enforcing them but we’re taking the residents’ money.

    • My POA needs to be investigated. The new treasurer found a $11k discrepancy and the board and property manager dismissed her as Treasurer. Also the board’s terms expired. Although their seats are filled, some just stay on the board. They say they go by “Roberts Rules”. But they claim they don’t know anything about the Texas HOA/POA Law book. So I ordered one. They don’t even want to look at it.

  75. I recently received a letter from HOA management that included information on our pool opening in the next month. It also stated that, to activate the pool card for access, we would have to return the attached pool agreement. If the agreement was simple, I wouldn’t have a problem with it. But, it includes language that I am not comfortable with, including a hold-harmless statement for the association “including without limitation any arising (harm) in whole or in part from the negligence of the (association)”.

    I don’t mind signing something that states I will follow the rules, but if my child dies because of the negligence of the HOA, they will be held accountable!

  76. I own a condominium in an HOA community. They have neglected the landscaping in my area but completely redone the landscaping in their areas. Two years I have asked for them to replace the plants that had died at my building. They have refused, but spent thousands redoing the property in front of their place. I’ve spoken to the board president and he said I should spend my own money and buy my own landscaping. So I have to pay for their landscaping and buy my own. The HOA in this area takes care of all the landscaping. This has been going on for the 28 years I’ve lived here.

  77. Our HOA is raising assessments by a certain percentage, but has increased my unit a little higher because it states I was not paying enough last year. I replied by saying I paid what I was invoiced for. Do they have the right to come back a year later and assess me at a higher rate because of their mistake? What rights do I have?

  78. What are the procedures on shutting down a POA? Our subdivision board is not following the law.

    • This is a most complex problem varying according to each POA/HOA. To avoid legal issues and to protect each homeowner, it would be wise to obtain legal assistance.

  79. I am a Texas homeowner who has been terrorized by my HOA for two years because they do not like the way I fixed my driveway. I have improved the look and the safety of the driveway making it look like stone. The value of my home has increased by $22,500 . The HOA in my area of Houston is trying to fine me $20,000 and they want me to remove the entire resurfacing that I had completed. Threatening injunctions against me and Court battles, they have taken away all of my property rights as an American born citizen that the Constitution of the United States has granted me. I do not feel that I am living in America anymore. I feel like I am living in a tyrannical Society run by gangsters where I the citizen have no more rights to do with my property as I feel is appropriate. My money resources are drying up rapidly. I love my home. I love my driveway, and my neighbors love my driveway. There is nothing wrong with my driveway. Yet it seems that the law is being exercised against me, the homeowner, who did not know to ask permission first, and for the enforcement of the HOA rules. My quoting the amendments to the Constitution of the United States seems to have no effect in making them back off and letting me be. ‫ Could you help in bringing our property rights back to us the American people, the way the Constitution of the United States intended? When the people are afraid of the government it is tyranny. When the government is afraid of the people it is Liberty. We need help and we need it now. There is very little time.

    • Texas homeowners need to reclaim property rights taken from them by the HOA/POA Industry.

      Representative Hubert Vo and Senator Jose Menendez have filed HB 3528 and SB 2234. These bills protect homeowners who may owe assessments:
      the laws would limit outrageous charges by a homeowners association,
      they would limit abusive attorney fees,
      they would help homeowners with payment plans,
      and they would prevent HOA foreclosure for small amounts
      Click here : to read the bills: HB 3528 SB 2234. We have been waiting for this for a long time!

      YOU CAN HELP two ways.

      FIRST, please fill out and submit our attached form, which we will e-mail to your Texas Senator and Texas Representative in Austin. Our elected officials DO care what we think. They will be hearing from the HOA lobby. Let them hear from you, too.

      On the form, you can personalize the message in the e-mail however you think best, or you can send the model message that we provide. But please, send this soon. We just got the bills introduced, and now we have only about 2 months to get hearings and votes. Otherwise we must wait two (2) years for the next legislative session. Copy and paste this in the URL line:

      SECOND, forward this to your friends who agree that homeowners should be protected.

  80. Help us! We are owners living in one of the oldest, most prestigious high-rises in Houston. We are fighting for our rights. After 15 years the developer still holds 52.5 percent of the board and managers of our building. We want the managment company out! We are charged large HOA fees about water damage etc. with no due process. The management people are not afraid of losing their jobs. Therefore they run all over the owners. They will not show transparency with anything. We have now hired our own attorney. Good people are moving out monthly because they have had it with the management. We pay thousands a month to live here. We want our building! We want to fire the management company. There has to be a law we pray coming soon that after a period of time, in our case 15 years, where the owner MUST give us control.

  81. Our HOA was largely ignored for five years. When all of us built our houses, we paid our $100 annual fee on closing. Nobody EVER paid anything again until three years ago when our builder gave our HOA to an HOA service company (over 75 miles away). We just, six months ago, finally had three neighbors create our “board.” Question: The company has now put a lien on our home for ~$1200 for certified letters, credit bureau submissions, etc. We didn’t pay (as many others didn’t) because we didn’t have a board to represent us. This doesn’t seem right for the company to do this since we just now finally got our board.

  82. Our Condo Association highrise board president has put forth an elaborate new violation and fine policy. The violations are many and most are petty. The 1st violation would bring a letter of warning, the second $150, third $300 and 4th $500. The violations could occur 10 days or 10 yrs apart and could be on 4 different infringements, (e.g. keeping a grocery cart 15 min. too long). The president has termed this “cumulative”. The policy seems outlandish, unrealistic, and unenforceable. The board is divided on this.

  83. HOAs need state over-sight NOW!
    See this site for a complete over-view.

  84. I live in a property owner association that raises our assessments whenever they decide to. Our office worker sells owners’ property. We property owners have no rights at all. Who ever makes these rules is really not for the people who live in these subdivisions. All power has been given to the board.

  85. My San Antonio HOA charges $20 late fee for every month you are behind, plus interest fee. If I owe $160 for a year, now it’s $380. They won’t remove the fees and interest. This is ridiculous.

    • The HOA Reform Coalition is working with state senators and representatives to limit outrageous charges by HOAs. All Texas homeowners should sign up on the site to receive information on bills so they can contact the Senate and House Committees as well as their own legislators. Click on the “Platform” link, and “Tell Us About Your HOA” and you will receive the notices.

  86. My HOA sends out certified letters at the drop of a hat. They never send warning emails or make any attempt to contact me or my neighbors before sending the certified letter. Then they charge us $25.00 each time – a scam to make money. The letters are generally frivolous in nature citing a certain date a trash can was left out for example. Is this a common problem with HOAs?

  87. What is the action that you need to take when you have a neighbor who has a fence that is peeling paint, missing planks, and leaning into the direction of the sidewalk. I along with others have been complaining about this said fence for 2 years and nothing has been done. I spoke with he management company and the HOA and the response I received is that they have sent out a letter fining them. TWO YEARS LATER! My question is what is the next step? Who is the governing body over HOA? For Two years I have had to look at this eye sore. It is also a safety issue as there are children who walk home from school daily and the fence at any moment could fall on one of them. Super frustrating.

  88. Our HOA is trying to impose fire lanes on our subdivision streets.
    Our subdivision was started in 1986 when we had no city or county codes to follow.
    With the new Helotes TX fire code amendment, 2015, new streets not wide enough will be designated fire lanes. This only applies to new subdivisions and we are not being mandated by the city to comply. However the HOA board is insisting on doing this with the consent of the residents which is causing many problems. What or how can we stop this? This does not fall under the guidelines or the responsibility of the HOA . It is a city issue.

  89. My HOA changed hands with a new owner that has about 80% of the units and other homeowners having the remaining 20 %. The new owner wants to make the mid rise building in Houston an all rental building. At a recent 2017 meeting the new owner increased the HOA dues about 230 % from the original dues . He stated that the building needs major rework. That same work was done 4 years earlier at a cost of $1 million dollars or more.
    The minority homeowners feel that the majority owner is trying to force us out.

  90. To all who have complaints, if we stand united and write our state representatives and call and call to voice the horrible HOA practices, something will have to change. If all we do is write our complaints here, nothing will change. I was verbally attacked by the management company and attorney at a HOA board meeting. I’m going to file a complaint with the Texas attorney general, as all should do. The management company ran the whole meeting. I don’t think this is legal.

  91. My HOA just changed their policy to append a $200 attorney fee to anyone who doesn’t fix a deed restriction within two weeks. They also then changed the policy where they are not accepting payment towards your normal dues unless you pay your account, including these attorney fees, in full. Then, they are charging late fees for people who don’t pay on time, which generates more attorney’s fees for late dues notices.

    This seems very shady to me. Our bylaws have nothing about attorneys fees for deed restrictions.

  92. I live in a condominium property that is governed by an HOA but is managed by a hired property management company. In November 2016, I applied for a conventional loan/home refinance which was declined by the lender because our properties commercial insurance is not a stand alone policy; our policy resides under the property management’s master policy which includes multiple, unaffiliated properties. According to the rules and regulations set forth by Fannie Mae and Freddie Mac, specific to condominium lending, condominium properties are required to have a stand alone policy and not be included in a master policy with multiple unaffiliated properties in order for lending. Our insurance as it is currently set up does not comply with the rules and regulations set forth my Fannie Mae and Freddie Mac.I went back and forth with the insurance agent, the property management company as well as our BOD. All of the parties mentioned refused to change our commercial property insurance to a stand alone policy. If lenders are adhering to the government standard for lending, all of the homes in our community are not eligible for selling or refinancing. The lender has also tagged our property as a “do not lend” property” because our insurance is not compliant. I must know my rights before I determine my next course of action against the property management company and the HOA of my community.

  93. I live in Texas. It appears our existing HOA BOD may have abused the BOD code of conduct provisions that limit any Minority BOD Member from commenting on any HOA business publicly to cover up fact and issues that could be politically embarrassing and use the power of their position to attack political opponents.

    What course of action do the Home Owners have?

  94. I am 100% Disabled America Veteran. (Vietnam, USMC) I bought my house in 2009. It was a foreclosure deal and I put about $30,000 into my house before I moved in. I received my homestead exemption, no problem. In 2009 I contacted the HOA management company and asked if there were any special dispensations for 100% DAV. After a few days, the management company at the time phoned me and said although I am not active duty military, they will waive HOA fees for me….About $250/yr.

    Now, in 2015 a new management company has taken over and said that I am now in arrears since 2009 and owe in excess of $2000 in back dues and late fees. And I discovered that at least one lien was filed against me for one year’s dues.

    Last January, 2016 they told me that I owe them, but the new company was to “get back with me” after they spoke to their legal team, but have not heard anything in a year.

  95. My HOA tried restricting Solar: A) in our HOA B) In the State C) In our City! They also wasted $100,000 of our dues doing this. I tried to give all the information in a 10 minute video here:

  96. My HOA maintenance fund was paid when due but the Board has added a new fee called Service Fee which is due at the same time as our maintenance fee. I should not be obligated to have to pay that.

  97. Is it legal for an HOA to spend our HOA dues on a property not owned by our neighborhood in Texas? There is a cemetery in the back corner on the neighborhood that is not owned by our neighborhood that is neglected. Our HOA is spending our money to add park benches, yard maintenance and wrought iron fence.

  98. How/when does a declarant of a Texas POA lose the 5-1 vote?

    • (c)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.
      Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3,
      eff. January 1, 2012.
      Amended by:
      Acts 2015, 84th Leg., R.S., Ch. 649 (H.B. 1072), Sec. 1, eff.

  99. I live in a condo in Dallas, TX. I’ve lived here for about 6 years and we love the location and amenities at a reasonable price. However, the HOA is monopolized by 1 man and he and our corrupt management service continue to waste our fees paid and never do anything unless the entire community gets up in arms (which is extremely difficult). Right now, our gas has been shut off to all 14 buildings for over a month. Since this only is used for fireplace logs and heating the hot tub, the manager says it is a low priority. We continue to pay for this service and no one is even working on the problem. I have contacted Atmos Energy and they said they will turn the service back on immediately as soon as the minor leak is repaired by the management. In the interim, we the condo owners have already missed the use of our hot tub and fireplaces during Thanksgiving and now Christmas is approaching. We’ve missed 1/5 of the heating season already. We need help!

    Our next scheduled HOA meeting is in late February and our president refuses to call an emergency meeting or take any further action until then.

  100. I live in Dickinson TX just south of Houston. I recently faced a lawsuit against my HOAs. In my neighborhood there are 2 HOAs, a HOA and a CIA both are due on Jan 1 of each year. I signed on my house on Jan 30th of 2013. The homebuilder paid the HOAs that year yet neglected to pay the CIA dues of $135. I have documents in my closing papers that specifically state that the HOA and CIA were paid for outside of closing by the previous owner. When I paid my 2014 dues (in full for both HOA and CIA) I was instructed by the HOA Management company not to pay the delinquent $135 as the debt should have been paid by the previous owner (the builder). At that point I thought it was the end of it until later in 2014 I received a call from a law firm saying I owed in excess of 2000 dollars for that bill. I told them what the management company had told me. In 2015 I went through a refinance and was under the impression that that years (2015 dues in the sum of 514 dollars) would be rolled in the refinance. They were not. Once I realized the mistake I tried to pay those dues in late 2015. I was not allowed to pay those dues because they had sent that to the collection law firm as well and by that time was demanding more than 4000 dollars. I tried to pay my 2016 dues (on time) and was not allowed to because of the pending lawsuit I would have to drive all the way to Katy and make the payment in person. They then rolled that 500 dollars into the lawsuit. They are now demanding 8500 dollars to collect on the 1000 dollars that I owe, which I have attempted to pay several times. On Dec 1st a summary judgment was signed against me in the sum of 9058 dollars for 1400 dollars’ worth of unpaid dues and 7500 dollars’ worth of attorney’s fees. I was never offered a hearing or my day in court to explain what happened. In fact the current state laws regarding HOAs allow HOAs and attorneys to file in court for judgments without the owners in attendance. I was forced to pay the 9054 dollars or face foreclosure. The current HOA laws are not just and need to change.

  101. I am behind 3 months on my HOA fees. I am trying my best to catch up. I understand this is my fault but not intentional by me but a product of a new business and its costs. I am an owner in a high-rise where I have been for 14 years. These last few months I am behind. The stress of their foreclosing on me or taking my home which is paid off about 450,000 value is causing me much distress. I know and am sorry I am behind, but what can I do or what can they not do to me so I don’t lose my home? I would like to have a payment plan under 2016 laws and try to have some comfort.
    In addition, the management company is telling other people in my building about my situation, which is causing me more distress daily.

  102. I have lived here for 8 years and the 2 piers by the lake bordering a children’s playground and pool area had collapsed or broken in several areas making it dangerous to enter. Yet our board did nothing until I called the City who demanded it be fixed. No pressure washing was done for at least 7 years. Fences are falling and metal rails stick out of the ground surrounding the jogging trail. Average home is worth $250,000 and we look like a ghetto . I had to send in a request to the City to get several street lights turned on that were out for years. We have the same guy running our HOA for appox 12 years. He did not get added to the deed of the house he has been living in until 2012???? What enables a homeowner to be eligible to be a HOA board??? Our latest issue is we sent in a request for financials and an over all audit of our HOA. The responses were insufficient at best. Then suddenly we fire our old management company while our request for an audit is going on. Last week we all get a mailed letter titled : 2017 ASSESSMENT raising our dues with a note that says : ” Referring to TEXAS RESIDENTIAL PROPERTY OWNERS PROTECTION” Sec. 209.0051 Subsection (f) and (E). We have no e-mail list for our community that I am aware of, so how did they notify us for the meeting to vote for the increase? Do they have to notify us?

  103. RE: Montgomery County area

    Can a newly formed HOA board, decide on their own without the residents’ votes to spend the reserve fund on items they want !?!

    What’s the point of having an HOA board?

    If they don’t listen to the wants of all residents, I mean, it’s our money we’re paying.

  104. My HOA is restricted in how much they can raise our association fees each year, so they added a “community service fee” to raise money. This fee is 1/3 of our current association dues. The money will be used to build a larger reserve for future needs. If I pay my association fees, but not the new community service fee, I am restricted from using all the amenities in the neighborhood (pool, pier, tennis, etc.). They turn off my scan card. Is this new fee legal?

  105. My homeowners association sent me a past due bill in October. I have lived here for 2 years and they never had sent anything. The invoice said that they had been mailing notices since April but we never got anything until Qctober. Now we have to pay an unreasonable amount of late fees for notices we never got!!! When I called them just now the HOA said they had been sending the notices to the apartment where I had lived.

  106. Our HOA increased fees by 37% in one year and will keep increasing them 5% per year. This was passed by Multi-lots owners, (50, 40, 30, 20 lots owners) who slowly are buying out everybody in the neighborhood.

  107. Homeowners need to know what steps to take when nothing has been done to the property, pool, tennis court. Boards are rotting and falling off the building. There are huge pot holes in the parking lot. There are 82 units and I pay $1800.00 a year. The bigger ones pay more. This place should be plush. We are told that there are no reserves either.
    Mad in Midland Texas

  108. We are selling our house and the home owners association wants to enforce a bylaw that has not been enforced for 10 years and want us to cut down a 15 foot tree. Many many home owners have large trees like mine and have never been given a notice.

  109. My HOA keeps sending me notices on my boat parked on the public street in front of my house. Can they legally take any action towards me with this being public property?

  110. My HOA has lower rates for Seniors, doesn’t enforce architectural standards set in CCRS and deed restrictions, fails to maintain the entryway, and surrendered the boat ramp lake access to city control. Most of these items are in the CCRS and deed restrictions which have not been updated with the county in 30 years. I don’t want to pay dues when the CCRS on file with the county show a much lower rate.

  111. In our HOA the president refuses to hold required HOA meetings and refuses to release financial data for the HOA.

  112. Our HOA board voted to change the intent of a vote by the people.

  113. Where can we find information on people running for office in November that support positive HOA law changes?

    • The best sources for this information are the candidates themselves. Let all Texas homeowners contact the candidates and ask them if they will support homeowner rights. Tell them 30 years of industry control must end.

  114. Why does the Texas Open Meetings Act 551 only cover Property Owner’s Associations within 2.8 million people counties, or those counties with a shared boundary of those counties? That seems discriminatory to me. Some of the covered POAs might actually be smaller than those that reside in smaller counties. So, why a population based law?

    • When Texas homeowners demand justice in HOA/POA land, they will receive it. Apathy and indifference to the legislative power resulted in decades of laws harmful to homestead protection. Texas homeowners MUST ACT!

  115. Our HOA Board never publishes (or just barely) publishes when the meetings are held. In other words, I have not been given detailed info on when and where the meetings are held. I have only heard of 2 or 3 meetings in the past 5 years. And yet, decisions appear to be made. The annual fees were raised, no explanation given. The management company told a fellow homeowner here in (Tomball area) that the homeowners have to request to attend the meetings. The board has had vacant seats for years on end. Shouldn’t they be filling the seats before conducting other business? Aren’t the HOA meetings supposed to be PUBLIC? Shouldn’t the budgets be publicly available on request? Shouldn’t the Board and Management company be responsive to homeowner requests? I’ve asked for clarification on all of this before, nobody answers.
    This board seems to have run completely amok, and the management company is going along for the ride. Meanwhile NOTHING gets done, enforced or dealt with in the subdivision.

  116. Our board of directors is not being responsible for fiduciary responsibilities.They’re overspending money not in budget and not doing public bids. They are not adding to reserve,not pulling permits, not insured adequately, not having proper liability, not contracted properly, etc. BOARD VIOLATES COVENANTS.

    • We pay almost $500.00 a month in dues and the HOA uses several hundred dollars a month for closed Board Meetings. They lost a suit with some developers and have been paying them $50,000.00 for the last two years and refused to give information on the suit! We have been bullied by our HOA and the Board to keep quiet. We live in a town with rare HOA meetings only Board and we have to give them notice? Both have slandered our family in emails and have stolen our money. They don’t do full scopes of work and their construction people are working with the homeowners who are on the take. Our landscapers don’t even rake our tiny yard. We are right outside San Antonio. The mansion owners pay $75.00 a month or less and our tiny townhome pays a car payment monthly.

  117. We have an HOA which has made decisions that changed the original bylaws of our subdivision with out allowing the homeowners to vote on the change. They insist it is legal. Our fees were based on our homestead in the same section and there was one fee for the home. Owners’ homes are built on anywhere from 2 to 5 lots. So a person having a home on 4 lots 100×100 feet is now supposed to pay 4 times the fee he or she had been paying in some cases for 20 or 30 years and on a fixed income. This is a very poor rural subdivision in Sam Houston National Forest. The board did this with out allowing the home owners a choice to vote on this massive grab for cash. There is a lot of anger and discontent among the owners who had no say in this. I believe this was an illegal action.

    • HOA Boards were given all power but no accountability. Homeowners must contact their legislators and demand they support bills that benefit homeowners and not the HOA industry. The new session starts in January. Texas homeowners cannot be apathetic!

      • How can we contact the legislators? When are the hearings and where?
        We must all get organized to fight back.

  118. I know that BODs can not have the past felony convictions for 20 years(?) but how about the candidate who is under the investigation by a law enforcement agency for a possible felony conviction (assault with a gun) when HOA or POA is having election for BODs?

  119. My HOA went from an already steep $330 every quarter, to $570 every quarter in just the last few months.

  120. This HOA in San Marcos, TX. charges $65 for certified letters which only cost $3.35. The HOA fines for small weeds in a Xeriscape, which are difficult to remove because the roots attach to the weed-preventing fabric, which doesn’t serve its purpose. Along with the violation letters, they send low quality black and white pictures that don’t show the actual home and the violation in the same picture. I contacted them to let them know the weeds were removed, that the lawn was short and edged, sent them a picture but still they went ahead and charged me 3 more times $65, for a total of $325 for a few weeds. They argued that all weeds were not removed, but they failed to send clear proof that the weeds belong to my home (they have made wrong accusations in the past about leaving trash bins outside, when they belong to the neighbor). The home is occupied by responsible tenants and I feel awful passing those fines to them, since they say they corrected the issue. I contacted the property manager who sustains the accusations even though they don’t have proof to show that the weeds are actually in my yard.

    The fining system of some HOAs is worse than owing money to the IRS or to the DMV. With the IRS one gets interest and DMV I guess is the same amount until paid. Those don’t accumulate the way HOA fines do. This community keeps charging the same amount for the same violation. One violation can accumulate hundreds of dollars if residents don’t keep the home up to “their standards”, when the standards are not that clear in the CCRs. The residents are subjected to the interpretation of the ones in power to fine residents.

  121. My HOA in Katy sent me a letter that I cannot park my work truck in my driveway. The truck is not commercial and has no advertisement on it. I work remotely and need this truck for work. What can I do?

  122. We have followed the various HOA / POA legislations proposed for several Legislative sessions.
    One item we have not seen addressed is “Sec. 551.0015. CERTAIN PROPERTY OWNERS’ ASSOCIATIONS SUBJECT TO LAW. (a) A property owners’ association is subject to this chapter in the same manner as a governmental body: …”.
    It sounds encouraging. Until one reads that the laws only apply to an HOA / POA located in a “… county with a population of 2.8 million or more or in a county adjacent to a county with a population of 2.8 million or more …”.
    That leaves only Harris County and it’s surrounding [Galveston, Brazoria, Fort Bend, Waller, Montgomery, Liberty, and Chambers] Counties.
    Result: HOAs and POAs in 96.85% of Texas Counties can do whatever they please.
    We would think that eliminating the 2.8 million restriction would be a step in the right direction.

  123. My HOA is in Houston, TX. I bought my home here 4 years ago and the problems began the first night we moved in. When we went to see the home for a potential purchase, we went during the day time. Little did we know that our HOA had not paid the electric bill for the street lights. We were in the dark for about a good 2 months until the power was finally restored. I wasn’t familiar with HOAs and unable to do anything or speak with anybody.

    Once I began to ask what our HOA does for us and how can we fix things the HOA chairman began to completely ignore me. I tried to visit the home Office that is listed online but the whole building is gated and seems to have no entry for anybody. When calling the phone number listed you never get an answer from anyone. I have left numerous messages with no call back at all. I have called his personal cell, the work phone, emails, and I even looked him up on Facebook to try to get something out of him and yet I get no answer at all.

    Recently as of August 27th our HOA decided to cancel our trash services. The only reason I found out is because I called them and they said our HOA had canceled. Today is September 7th, 2016, and we have not had any trash picked up because we simply do not know who our new trash provider is. We never received any notice to simply advise us to call and get our services started with whomever we have now. We have no idea what to do at this point and do not know how long our trash will sit on the curb.

    What can we do as the residents in order to get this resolved? How can we change things with our HOA? Who can we get involved to help us? How can we remove him of power for this unreasonable control of a community he has?

  124. I am from Rockwall TX.and a member of the association for almost 10 yrs with good standing. Lately I’ve been receiving notices telling me I have an auto repair business but I don’t have an auto repair business. I do maintain my cars and have a clean porch where I work on my car. I have 5 cars that are operable with up to date tags and are used by me, my wife and kids. One car that is not operable is inside my garage (never been out). They even took a picture of a car that they said is not operable and not registered but the truth is, it has an up to date tag and that car is what I drive daily. I’ve been trying to email them asking them to set an appointment to come and check my cars so I could show them the papers. Instead of coming they gave me a penalty to pay. My question is “what legal process could I file with them”? This association is stressing me much.

  125. We live in San Antonio. I received an invoice from the management company for HOA dues with a due date of July 29, 2016, and scheduled it to be paid electronically by my bank by July 29. One week later, I received an invoice from the management company for late fees and interest. My bank confirmed that payment was sent Friday, July 29.

    When I called the billing dept. of the management company to inquire why I was being assessed a late fee when my bank confirms that payment arrived by the due date of July 29, they told me it was late because (1) They ‘meant’ the DUE DATE to be July 1 even though the statement said July 29; and (2) It was late because it was processed in their office on Monday, August 1, which is past the 28 day grace period FROM July 1.

    I asked to speak to the Community Manager of our development who also insisted they meant July 1 even though the bill clearly states July 29. She informed me only the HOA Board could reverse the late fees. I wrote the HOA President and included the bill with the due date of July 29, the bank confirmation that the bill was paid on July 29, and the late fee assessment. He did not respond even though the Board was meeting the next day.

    The day after the Board met, the Community Mgr. informed me that the Board voted not to reverse the late fees because the due date was supposed to be July 1. More incredulously, the Board voted to change the due date from July 29 to July 1, retroactively.

    I had to complain up the chain to the COO of the management company and sent him copies of the documents. He finally reversed the charges out of “generosity”, but that from now I should be aware the due date of the 1st. My husband called him and asked if he even saw the bill with the original due date of July 29, which he had not. He said he would “get down to the bottom of this” and apologized. (Despite this, the HOA and the Community Mgr. just sent out a “reminder” for homeowners to pay their dues by Jan. 1 and July 1. Nothing was mentioned about the incorrect bills that were distributed.)

    I emailed our HOA Board president to inquire why he had not responded to my direct request, which exponentially compounded my trouble with the management company. I expressed disappointment that he was not advocating for us. He sent us an angry response that he speaks to me through the management company.

    1. Legally, what is the due date? What is printed on the bill or “what they meant”? (I am not being facetious.) The management company and the HOA feel they have the right to change the due date after the bill has been sent?

    2. My bank says the bill was paid on the due date July 29. The management company says that even though it arrived by July 29 by EFT, it was rejected because they do not accept EFTs and the bank had to send a check that wasn’t “processed” by their workers until Aug. 1, therefore it is beyond the 28 day grace period from July 1. What is the legal date of receipt? The date the bank says it was paid or the day it’s processed by their office?

    3.This is not “self-government” when the HOA President states that he “speaks through the management company” and does not have to respond to us directly.

    4. What recourse do I have to complain about the unethical behavior of the management company and the HOA President and Board?

    Today I received an HOA notice of infraction because a visitor’s vehicle that was parked in the driveway was “blocking the sidewalk”, even though they were here for the evening and their car was not extending into the street. We have lived here over 8 years and parked in the same manner and never had an infraction.

  126. HOA in San Antonio, would not allow me to replace my roof heavily damaged by spring hailstorms. I applied twice already. The first time they denied the request claiming I was going to use the wrong type of shingles (although I picked the one of the seven types of shingles allowed by HOA). After a week of trying to explain that it is exactly the same listed product, management stated that I need to change the shingle description on application to exactly the same wording as on the approved list. I complied and re-applied. I have not received any confirmation that my application was received and submitted to ACC committee. I tried to follow up. The request form says: “Owners with an email will receive an acknowledgement letter once a complete ACC is received”. I have not received any responses. If in 1 month I will not receive the response my request will be considered denied by HOA rules.
    My house desperately needs a new roof ASAP. Every rainy day I get more damage to my house.

  127. My HOA sent me an invoice claiming I owe them $18.00 for 2 certified letters that weren’t picked up. I have lived in my home for 30 years and this is the first time I know of this happening. There has been no notice to residents that there would be, what amounts to, a fine for being unable to pick these letters up.

    Cost for postage has always been included in our POA budget. So, it seems I have already paid for any mail they send.

    By the way, according to USPS it costs $3.30 to send a certified letter. I don’t know where they are getting $9.00.

  128. Our HOA has hired an attorney to assure we are in compliance but I’m being told that homeowners are not allowed to communicate with the attorney only board members. Is this legal given a portion of our HOA fees are paying the attorney and the board works for us?

  129. I recently moved into a condo (end of May 2016) and I have been requesting the HOA documentation. I have asked the onsite representative numerous times. She states she will give me the documents and she never does. I have been following up with her a few times a week. Today, she has decided to start ignoring me. I researched the management company for any sort of phone number so that I can go above her but I’ve been unsuccessful. It’s becoming a major issue because she is now stating I owe an additional month. I have no paperwork to fallback on to verify the information. I feel she is deliberately withholding the documents from me to try to exploit me for money.

  130. I am being harassed by the HOA at my condominium in Dallas. The HOA illegally had my car towed for no known reason.I had to pay to have it released. HOA repeatedly takes pictures of my car and stops me as I come through entrance. I’m ready to move.

  131. We live in a new development in Austin. The builders / developers still maintain all board/HPA positions. How long can they do this legally? They are making silly decisions.

    • Sec.209.00591

      (a-1)Notwithstanding any other provision of this chapter,
      a property owners ’ association ’s bylaws may require one or more
      board members to reside in the subdivision subject to the
      dedicatory instruments but may not require all board members to
      reside in that subdivision.A requirement described by this
      subsection is not applicable during the development period.

      (c)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.
      Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3,
      eff. January 1, 2012.
      Amended by:
      Acts 2015, 84th Leg., R.S., Ch. 649 (H.B. 1072), Sec. 1, eff.

  132. We live in a community outside of Austin, Texas. When we moved in ten years ago, the HOA was somewhat restrictive and would send letters for trivial things such as leaving trash cans out too long or letting the grass grow a little too high; it wasn’t unreasonable.

    In recent years, the board has been amending the bylaws with seemingly no concern for the will of the actual residents, and as long as you don’t complain to them they don’t focus their energy on you. Some of the bylaws they have revised have taken out any room to move for residents, and many residents have left the neighborhood instead of fighting. When we complain, we get repeated and frequent letters and harassment for things that seem to go ignored in other areas around the neighborhood. We are also considering moving to an area without an HOA, but unfortunately finding one within reasonable distance to a metro area is quite difficult.

    I believe that power goes to the heads of board members and the communities suffer as a result.

  133. I have lived one year in the United States.This association has many restrictions and no respect for homeowners. There is no mail box to contact them and no office.
    I have many pictures to prove violations but I am the only Hispanic alien here.
    They have trespassed my land 4 times.

    Where can I make complaint?

  134. I have a real problem with excessive overuse of HOA authority by board members who have used their HOA powers to harass and over step authority for small infractions/violations that are easily fixable.
    They have failed to send out payment statements to residents to pay dues resulting in late fee charges. I have been getting letters for my travel trailer being parked for less than a day (to load and unload after family trips that occur once every few years.) This is infringing on my rights as a disabled veteran of armed forces to have this accessibility. After 24 hours, I can understand a violation. I had complained to the board about the misuse of HOA funds. Now I am receiving these letters from the board. I need help.

  135. Our HOA is totally out of control and chooses whom to cite when they make complaints. A semi is constantly parking and blocking a stop sign and they choose not to do anything about it. When we bought the house, we were told that no semi’s or RV’s are allowed. Also, there are no benefits to having the HOA since they only collect fees and provide nothing in return. Many people have chosen not to move to Little Elm because of the location and the HOA makes it worse. The HOA also allows certain neighbors to have long grass, weeds, lots of cars parked in the front yard and neighbors’ yards.

  136. Our HOA in Dallas does not enforce towing and noise compliance. I pay for 2 spaces and routinely some one will either park in one or both of them. I have emailed, texted and called everyone to get them to do as they say. They won’t. They never have for over three years. I have complained against them via the BBB website and they even admit that they do not and can not tow cars.

  137. Our HOA in the Rio Grande Valley was elected by the Developer voting his empty lots and they have given the Developer all of our money and contract language that was (not) in our best interest. Plus they are oblivious to covenant language. In other words they do whatever they want to.
    Right now there is nothing we can do about it. !!!!!!!

  138. After fighting with my board for 3.5 yrs thru legal counsel spending close to $100k, I failed to remove a board. The State Statutes are the most worthless set of laws enacted. The insurer behind the attorney who represents my board KNOWS the board has refused and will not release docs. The CC&R’s are worthless; the ByLaws are worthless. Think an HOA will protect the value of your community? Think again.

  139. The 12th Texas Appeals Court ruled that we could not sue to force our HOA to enforce its own Deed Restrictions. They ruled that the Rules and Bylaws trumped Deed Restrictions. The ruling was for a business in the HOA and against the member.

  140. Thanks for your comment. You mentioned before that there is a law against any board members with felony convictions. But it seems like in Texas that there are no laws for the HOA to hire a lawyer with a state felony conviction to represent HOA.

  141. Is there any government run regulation body like the one in Nevada to watch over the runaway HOA boards in Texas?

    There is a board member (president) who, without any other board member’s approval, hired a lawyer with a state conviction to go after a resident. This same board member has violated a deed restriction and is still in violation. He has had previous issues with other HOA boards.

    • No agency was established to oversee and demand accountability of Texas’ HOA boards. HOAs write the laws, issue citations, and render punishment.

      • HOA or POA boards need to be punished or removed as well, if they act for CONflicts of interest and enforcing selective deed restrictions upon other members but themselves. And they should be accountable against their own actions if the boards are running their own interests without receiving other board members and 2/3 votes from the members of the associations.

  142. An annual members’ meeting was not properly noticed (wasn’t enough days). The HOA attorney even tells the Board that the meeting was not properly noticed. At this improperly noticed meeting they said we had to turn our votes in to see if we made quorum. This was done prior to nominations from the floor. A motion was made by a Board member to close voting, and then seconded. Minutes from our last annual meeting were also voted on to be accepted. Since the meeting was not properly noticed, are the things that were voted on even valid? Some people did not receive the notice but would have had it been sent out in the proper number of days.

  143. Texas should abolish HOAs. Our tax dollars pay for code compliance, animal control, health department, and local law enforcement. There should be a State law that disallows any HOA from collecting fees / assessments if they have enough money in the bank account to cover annual expenses.

    • Agree with mfg. If neighbors just talked to one another, most issues would be resolved without an HOA. People are too separated from their neighbors as well as their responsibility to others. This needs to change.

  144. My wife and I purchased an upscale home, new construction, in San Antonio Texas and unfortunately it was tied to an HOA. We purchased the home for the incredible views and spend a majority of our time on the back patio. When our neighbor moved in next door, the issues began. The neighbor did not complete landscaping in the backyard leaving empty flower beds a mulched area for a deck. Made improvements to the landscaping in the front yard changes to the irrigation system, by installing above ground soaker hoses, security lighting and has moved in a ton of plants that are not tied to the DCCR. She did all the improvements without approval through the Architectural Review Committee’s approval. We followed protocol and informed the HOA of the violations through a multitude of emails and correspondence with pictures to document the issues. We finally received a call from one of the board members. If we want anything done then we might want to think about taking legal action of our own. Why have an HOA?

  145. I sued my HOA for Breach of Fiduciary Duty in Nov of 2011. In December of 2015 I won on all counts and am facing mediation and a trial in June for damages. The Association just draws it out as much as possible. I am at around $60,000 in attorney fees. They operate under the premise they can do whatever they want without regard to homeowners as the only recourse the owner has is to sue. I sued and am asking for over $500,000. Question is: What will I get?

  146. Our HOA has determined that although the 2011 HOA rules stated they must have a website, the attorney they asked at the beginning of 2012 told then no they did not need to. So they refused. They fail to submit an agenda before each meeting to members, fail to send minutes and outcomes of the meetings. (They) Hold special meetings without notifying members of the HOA. They also stated that since they do not fall under ADA, they do not have to follow the rules of FHA (fair housing act). One committee chair over landscaping told me if your health does not allow perfumes, you might want to just stay home. I asked if we could just ask those attending to not wear fragrances ( I actually have a doctors note).

  147. Experts promote white roofs to save energy. Could HOA regulate the color of our roof simply for looking all the same?

  148. In Texas you have more legal protection from getting a bad hair cut than living in an HOA.
    A barber has to be licensed by the state, an HOA does not.
    We need the state to issue a license for each HOA and inspect them with the force of law by the Texas Attorney General.

  149. The management company which manages our HOA in LaPorte, Texas misleads the board on the Texas Property code. Our deed restrictions say it takes 66 percent vote to make amendments to deeds. At the last meeting,the management company tried to intimidate me and said the deed restrictions really are not worth the paper they are written on because of the Texas Property code.

    • Inequities abound in HOAs. Owners must abide by rules or suffer penalties. Boards flaunt rules and suffer no penalties leaving owners the costly option of filing a law suit to obtain justice. As soon as homeowner laws are passed, the HOA attorneys seek ways to circumvent them. One method is to rename their actions. Rather than speaking of changing by-laws some attorneys suggest making “resolutions”.

  150. The blame for common interest community developments started with your state legislators. Check their voting records. If they don’t vote for the rights of homeowners, then vote them out. This will be the only permanent solution for this fiasco.

  151. My daughter lives in the Rockwall area of Texas and got behind on her HOA payment. She was behind making her HOA payment, owed around $500, and it was turned over to a lawyer. What started out as $500, has turned into just under $7K when you combine late fees and lawyer’s fees. She was corresponding with what I am assuming was the lawyer and was working out a payment plan. She sent them a check for $2K, and was going to pay another $1900 with her tax refund. They are now saying they didn’t agree to any terms, she didn’t get back to them on time, and they don’t want to accept the 2K, or payment plan because it will take too long for her to pay it all back at $350 per month. It is unbelievable that these people can threaten to foreclose on her house for being behind on an HOA payment, tacking on all these crazy fees. What a misuse of power, and they can get away with it because if you don’t pay, you lose your house.

    • I live in Houston and am in the exact same problem. Somehow I owe $6800 when the annual fees are only ~$400.I feel they have harassed me with letters almost every week and then charge outrageous fees for each letter and photo and on top of that the late fees and lawyers fees. Is there any way to fight this? I want to tell people don’t move to this subdivision because the HOA is horrible!

  152. The HOA board collects $900 from each owner to replace all the privacy fences on the property and only does half. Here it is 3 years later and they won’t tell us when the rest will be done. The original fences are falling apart and the HOA won’t fix.

  153. I live in Fort Worth, Tx in an HOA. I would like to build a covered front patio, so I asked the HOA for permission with their official form and pictures, drawings, e.g. Within 24hours I received the denial letter, because of the high arch of the house. I submitted further pics from other homes, in my opinion comparable. I got lots of questions about the attachment to the house and also responded always with further information. A week later I again received a denial letter with the response: “Decision Stands”. What can a homeowner do when the HOA does not approve it?

    • I live in Granbury, Texas in an HOA that for the last 14 years has had many drainage issues and homes flooding. Pipes are crushed and plugged and will not allow the necessary flow of water which is causing my yard to wash out and develop large sink holes. Last year we filed suit and lost. The HOA said they would fix the problem, based on an Engineering Study completed in December, 2015, but they have not taken any action. They will not even talk to us about the problem with the sink holes. In 2011 the HOA did fix a problem with a sink hole developing in my neighbors yard, which was created by the same two 27 inch cracked pipes, but will not fix the pipes and it continues to wash my yard away. What can I do… file suit again?

  154. In an annual meeting concerning election of board members should proxies be allowed to be hand turned in by individual owner?. What if the proxies were to be manipulated by the person turning them in?

    • Section 209.00592 describes the voting rights of an owner. The owner’s duty and need is to find someone to trust with his proxy.

  155. I am a new home owner in Bexar County. My HOA says we are not allowed to park on the street. There are four drivers in my house and not enough garage space to park all four cars. All vehicles are functioning and well kept. The oldest is a 2013 Maxima. I completely understand some rules, but there are a few that don’t make any sense to me. Can HOAs govern who parks in the street?

  156. My HOA held a meeting last week saying that they will increase 45% in our payment. We currently pay $1232 a year and they are increasing to $1932. The HOA does not provide any documentation of what they are spending the money on. Do we have the right to ask for the records? We have been asking for the last 3 years but they don’t answer our emails or phone calls.

  157. Our HOA is what I call Double Dipping and it doesn’t seem very right. I have two houses and was paying the same monthly dues for each one. I live in one and allowed a friend to move into the other so it wouldn’t sit empty. She is paying the dues (rent free). I agree each property pays dues, but they now say that in addition to the dues there is a “renters dues” for the house she is in. They state it is for her amenity usage however, no one was using the amenities tied to the monthly dues when it sat empty. This doesn’t seem right. A single person is charged the same as a family of 4 or 6, yet when they found out a live-in nurse was staying with a single young lady out here, they charged the nurse “renters dues”.

  158. The developer of our community formed an association which only has him as the board. He claims he will not allow a formal HOA until 75% of the units are sold. 50% of the land is undeveloped and this could take years or never. Each household pays $750 annually and the association has a budget of over $61,000. Essentially we’re paying property taxes, liability insurance, and maintenance on the communtiies common areas the developer still owns and hasn’t conveyed to an HOA. We feel some of the expenses to maintain the property to be excessive but have no recourse since the developer makes all the decisions. Does anyone have any advice how we can form an HOA so we can manage our own community?

    • From the Texas Property Code:

      HB 2761 – Sec. 209.00591 – (Passed in 2011)

      (c) 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, 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.

  159. We are a new condo project and the builder is acting as the HOA. We have asked for copies of the bi-laws and the HOA is refusing to provide this information to the owners.

  160. Our declarant relinquished Class B voting rights last August, and our CCR says upon that happening, “the declarant shall pay assessments on its unsold units in the same manner as any other Owner.” A new investor group, which has some resident participants, has purchased 68 unsold lots from the declarant, and are in the process of becoming the declarant. The investor group has requested that our board of directors give them an exemption from paying assessments. Our board is trying to find out if the investor group’s contention that “no association requires a developer to pay” is true?

  161. Our HOA just sent out annual meeting notice for March 16 2016 meeting, but when proxy notice and copy were sent out, it says that ” proxy must be returned by March 11th to the secretary of the Board. Our covenants say ” at any meeting of members. a member entitled to vote may vote by proxy executed in writing by the member or by his duly authorized attorney-in-fact. Proxies shall be filed with the Secretary of the Association at or before the appointed time of each meeting of the association.”

    Our Board does not care what the covenants or statutes say, they just do their own thing and get away with it. Oh yes, they were all elected by the developer voting his empty lots.

    What to do ?

    • HB 2761 – Sec. 209.00591 – (Passed in 2011)

      (c) 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, 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.

  162. The HOA of the neighborhood never holds meetings even though homeowners are constantly requesting them. Repairs also need to be done to the courts and walking path which have been ignored for years. Where can I report the HOA?

    • Total power with no accountability was given to HOA boards under Property Code 204. The devastation suffered by homeowners has been recorded in the foreclosure filings and in the lives of Texas homeowners, yet every effort to have laws demanding HOA accountability is vigorously and successfully opposed by the industry. Theirs is a billion dollar industry living off the backs of homeowners. Homeowners united could bring change. Homeowners must unite.

  163. HOA in Dallas is still holding Board meetings without notifying the owners. The management company does not provide notice and actually takes steps to hide when the meetings are. They also do not hold regular annual meetings.

  164. My problem is on parking vehicles. I have an RV – a 21 footer and it does not go over the sidewalk. Called the HOA office and told them there should atleast be a size limit as it fits perfectly. Storage fees are $50 a month, which could be used for something around the house or maintenance. I asked other people here in the area if they would sign a petition; they said yes. An HOA does not improve the value of my property. We are Senior citizens who retired to enjoy the rest of our lives in peace. I do not see any improvements with the HOA fees we pay to do something on the properties.

  165. My HOA in San Antonio, TX refuses to communicate with its homeowners. A meeting was held in November at which time speed bumps were “discussed”. The board had to locate residents in order to have a quorum. We came home one day to a parking lot company installing speed bumps(not the normal humps). The board member-who is/was also a general contractor had all streets blocked off and he was parked in the middle of the street. There has never been an accident on our streets and no children have been injured as a result of speed. What was installed are asphalt speed bumps raised to well over 4 inches. Sports cars scrape and trucks bounce over them dangerously. The asphalt is now cracking and scraping off and some are completely damaged.

    When approached, our board member stated that this was decided at the meeting. How could this have been discussed, decided, bid on and contracted with no involvement from the residents? Nothing was mailed out about this being done and it has never been explained.

    After several weeks of hounding the HOA, they decided to set up a meeting on the other side of the city on a Friday afternoon. No notification was sent, other than a piece of paper being posted at the community pool.

    Aside from this our dues were raised $200.00, which is over 10% of an increase. This was also done without voting.

  166. Question – Can a POA assess trash collection fees to all property owners when the majority of lots are undeveloped and only the few who have built (many of whom serve on the board) have need for this service? Is this still considered a common property maintenance, if so how?

  167. I really feel for everyone who is writing and I am just like the rest of you. Fortunately, we all are educating younger people who have no clue what they’re getting into when they buy into an HOA. Let’s hope they are not too naive and believe that “they are lovely people and can get along with anyone” as I thought I could.

    I am one who follows the CC&Rs. My board does not follow the ByLaws nor do they enforce the CC&Rs. However, everyone who has 6 weeds in his front yard gets a letter. It’s all pretense to make them look like they are working real hard to maintain the community. I paid over $400k for my home. I’ve put $600k into it. Lucky me, homes continue to decline in value and I would consider myself very lucky if I listed my home and it sold for $600k. I offer my advice to any naive buyer: an HOA does not protect your property values and the board is likely run by tyrants who want to control your life. Indeed, the HOA fee should be considered as nothing other than a TAX which isn’t collected by the county. An HOA has more power than any god.

    If you think your board wants you to get involved with the HOA, think again. What they want you to do is help at their direction. Don’t point out errors. Sit back, shut up, and be submissive. If you know the ByLaws and CC&Rs they will fear you.

  168. Our HOA in San Antonio, Texas is managed by a business called XX Services. They work exclusively (apparently) with a local lawyer who regularly files foreclosure proceedings on home owners and fails to follow Texas Rules of Procedure AND then refuses to negotiate with the homeowner at all.

    A Bexar County Jury has already denied him relief in one lawsuit in 2012. The management company and our HOA have operated without the majority consent of the homeowners and move forward with decisions in the absence of a quorum’s presence. To add insult to injury, the subdivision generated a considerable PROFIT this year and this subdivision does not have any common areas to maintain (no pool, no fitness facility, no dog park, no yard work provided to homeowners)

    These HOAs need to be stopped!

  169. I live in Desoto Texas. When I purchased my home I assumed there would be some type of amenity with our $180 year HOA fee. However we do not have amenities. Thereare no vacant lots and no common areas other than trees at the entry. The trees could be managed for A LOT LESS than $180 per house. I am wondering why we have an HOA at all. Recently some homeowners got into a dispute with our resident run HOA. Now the residents are asked to pay almost triple the HOA amount to pay for attorney’s fees. I want out of this HOA. Paying $180 for nothing is one thing but having to pay a lot more than that because of other peoples’ disputes is outrageous.

  170. My condo’s association dues were previously $200/month. For this next year, we will owe a $2000 yearly assessment, as well as $275 in monthly dues. This totals to about a 221% increase. They claim this drastic increase is needed for repairs, though this is clearly a pretty abusive increase for condo owners. What can owners do?

  171. My husband and I belong to an HOA from hell in Fort Worth, Texas. We bought our condo in March of 1990. As of the current date our condo is valued at less that $38K on the TAD website. We have to pay $408.70 A MONTH. It started out at $220.66 in 1990. When they increased the dues it was a 90% increase. Our HOA president was convicted of a Federal Offense in March of 2006. She was sentenced to 24 months in prison and had to pay over $32K in restitution for fraud and embezzlement. I am 67 and my husband is 69. I feel SO trapped.

  172. I support you 100% to cancel all HOA authority to control homeowners so much. I have to sell my first house because I do not want to deal with them. Now I have problem with my second house too. HOA signed contract to trash service company; trash service company sent me the bill. I do not need trash service and never use trash service because my daily activity is at my daughter’s house. I called the trash service like I did with previous trash service companies and this company will not allow me to cancel. Now I have to pay them even though this company did not pick up any trash at my house. They keep sending me the bill and add on interrupted service fee. I have to pay for service I do not need and use.

  173. How can we (as American Home Owners) get rid of HOAs once and for all?
    How many signatures required to change this law?

    • Read Evan McKenzie’s PRIVATOPIA, view Shu Bartholomew’s and Attorney David Kahne’s to more fully understand the scam that has been perpetrated on American homeowners with the repeated lie “HOAs PROTECT PROPERTY VALUES.” They don’t. A home’s value depends on the home itself, its location, and the economy. Homes in and out of HOAs proved that during the housing bust and continue to prove it every day. By parroting that lie the HOA/CAI Industry has influenced – actually controlled American thinking –even up to the legislature. Many legislators accept that as “a given” because they have heard it so often. Repetition does not make it true.
      Homeowners have been controlled by fear, apathy, and rules. The key word is “control” because mandatory dues enable the HOA industry to control homeowners under threat of liens and foreclosure. Homeowners must unite to regain the freedoms guaranteed by our Constitution and denied by HOAs. They must unite because HOAs target individuals. In union there is strength. The Power of the People united will get these bad laws changed. Homeowners must elect legislators who represent them – not the lobbying industry.

      • I’m certainly doing my part since I am in the middle of a lawsuit with my HOA. Lack of transparency, an unwillingness to follow governing docs, and lack of honesty. The CC&Rs were written for the board to extract revenge. Past and present board members and/or friends of the board do not need to comply. Until the courts know the full extent of the power given to these boards and the tyrants that run them there will never be any correction. I too am for dissolving my HOA if the board remain unwilling to act responsibly. Search the internet for the horror of condos and MC’s. After my experience here, I would never choose to live in another HOA. Just could not do it.

    • I wish that could happen. I am shocked at what power HOAs are allowed. I have lived in my condo 13 years and have always paid on time. I had an inspector to look at the roof 4 years ago yet they have done nothing. However many others have had repairs. I am being told that I owe a month in arrears and they have put 50 dollars on that. I am 74 and at my wit’s end.

      • It is important to always keep your payments current to avoid fines, fees, liens, and foreclosure even when one feels justified in withholding payment. As you mentioned, the HOAs have the power.
        In response to tcr:
        The injustices to homeowners are the reasons for this website. The laws are neither reasonable nor just. All Texas homeowners must unite. HOAs are a billion-dollar scam perpetrated on the American people.

      • I agree one must pay dues and not withhold them but when the board can change HOW these payments are applied and the result is the balance becomes past due because they applied your dues to something other than dues….what recourse do we have? Neither the Declarations nor the State impose any sanctions to keep them from foreclosing on your property.

    • What about the white house petition site to get one rolling? WE the PEOPLE – Your VOICE in our government.

    • Our HOA should now be called President’s show. She has taken every aspect of this community. The election meeting was scheduled for Feb. 11, but she decided to change it to the 18th. 14 days notice was not given and two board members were not even in on the postponement. Then ten days before election day the BOD decided to change process of long and short term owners allowed to run. It is now only full time residents able to run even though at last month’s meeting it was unanimously decided against that. They now maintain they should not have even discussed changing the by laws with the members. There is so much more.

  174. XXX Management manages our Subdivision or lack thereof. They have sent numerous letters complaining of holiday decorations, broken down vehicle, trash on the side of the house and grass growing in the cracks of the driveway and sidewalk. I have called a number of times. They have insisted it is my house and my address and will not prove to me what they are looking at with pictures. Ms. X who works there hung up in my face when I was telling her she had the wrong house. I want, no I need one of them to knock on my door and apologize for all the letters and they need to send Ms. X to some type of training on how to deal with clients.

  175. So far my state senators and representatives just refer me to the Texas HOA laws saying it is not theirs to handle. Seems we need to form an oversight union but we still have the same problem that we began with….those who suffer from apathy yet cry out when they get in a bind expecting those who tried to effect change to have empathy and help them.
    It is o.k. if you have a problem but how dare I have a problem? Get real people, be responsible and step up before your community goes down the drain because one or a few cannot change it. My neighbors will probably do as always and sit back to see what happens with my fight but never bother to show up or send proxy to the annual meetings.
    Society seems to suffer from the “let someone else do it” syndrome but will still bellyache about the board just because they have to pay dues and the place is not being taken care of properly.
    Sign me: just fed up with pushing and pulling the wagon.

  176. At the time of purchase, my name was not on the mortgage and I did not sign any HOA paperwork (I still haven’t.) My husband has since passed away and the house is now in my name. Am I responsible for past due HOA fees (incurred when he was still alive?)

    • One attorney stated: In general, I do not know of a reason why she should not pay assessments, if she is the new owner of the house.

  177. Recently the HOA has been transferred to Officers. No meeting. No signing the deed over. Just a notice stating we are now managing the HOA and problems of the homeowners are our problem now. The builder is a non profit organization yet the HOA is not. The builder did not file taxes for two years. Also the builder had an annual meeting for Homeowner’s in June 2015 and gave print out of bills paid. Problem is the same balance and paid amounts are the same for the third quarter Aug Sept Oct. We have to pay streetlight utilities which i have confirmed with the city that we do. Fine. However several payments in our invoice show we paid utility bills for another neighborhood as well. Builder said they paid portions of the utilities as the neighborhood grew, yet invoices show we paid full. When asked for All copies of invoices they presented several discrepancies in the statement saying it was typos but have stated the corrected invoice is ready for .10 cents a page? The builder also has not given all contact info for all of the current homeowners.

  178. If the property owners association has 2 members of 3 member board resign or leave seat open due to death, how long can association be active with only one board member? How long is the association active with 1 or 0 board members? Several weeks have passed with no action, but without a treasurer, bills have been issued and the one board member left has control of bank account.

  179. Our HOA board continues to hold meetings without providing 72 hour notice to members. Most recently they held a board meeting, voted, and passed their 2016 budget after providing only a 36 hour notice to members without any notice of the subject matter (2016 budget) to be considered. Does this violate the requirements for open meetings? And do we homeowners have any recourse?

  180. Is there a limit of how many times or how much HOA dues can be increased? My condo had an 20% increase in April and another 25% starting Jan1.

  181. We live in a new subdivision with a very high HOA dues based on the amenities in the neighborhood. We have asked for yearly budgets, breakdown of costs, etc. and get absolutely nothing from the HOA except that “they will look into it and see what they can send us”. We started digging ourselves and found that the neighborhood actually pays into two HOAs (one being a master maintenance association) although nothing is stated on anyone’s closing docs or paperwork when these houses were purchased. Upon asking other residents it seems everyone (including myself) was led to believe the neighborhood was still new and as it filled up more amenities would be added. That has since been scrapped and now there are even more houses being built in adjacent neighborhoods (tied to us) that will render the amenities we have useless and most certainly crash home values. A group of residents already believe we will have to gather legal representation to get this fixed. Our HOA is still under developer control and the elected community representative does nothing to help us.

  182. My subdivision is in Katy, Texas. I never need trash service before due to my daily activity is at my daughter’s house. Now board of HOA signed the contract for trash service for every resident in our HOA. I was told I must have trash service due to contract of the board. I keep getting invoice ask for the payment even though this company never collects any trash at my house. I do not need to pay what I do not need.

    • Texas Property Code 204.01 states the powers of HOA Boards. Some that are relevant to your situation are listed:

      (a) Unless otherwise provided by the restrictions or the association’s articles of incorporation or bylaws, the property owners’ association, acting through its board of directors or trustees, may:

      (1) adopt and amend bylaws;

      (2) adopt and amend budgets for revenues, expenditures, and reserves and collect regular assessments or special assessments for common expenses from property owners;

      (3) hire and terminate managing agents and other employees, agents, and independent contractors;

      (5) make contracts and incur liabilities relating to the operation of the subdivision and the property owners’ association;

      (6) regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision;

      (10) impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments;

  183. Several homeowners in our association have requested by certified letters to our HOA board to examine bank statements and checks from the past 2 years. Each request to examine bank statements and checks has been denied. Would this request not be allowed under Section 209.005 covering examination of records by homeowners?

    • An attorney said If this is not a condo then yes, 209.005 applies, if you follow the procedures. If a condo, there are other protections that accomplish the same result.

      It is possible that some information might be blocked out as confidential.

  184. In a POA Covenants and Bylaws 55+ Park should the assessment of dues be per platted lot or per landowner?
    Currently people with 2 and 3 lots are paying the same as people with only 1 lot. I can’t find a Texas law that covers this. I own my land and mobile home, in a 55+ subdivision.

    • Texas Property Code 209.002 – (8)”Regular assessment” means an assessment, a
      charge, a fee, or dues that each owner of property within a residential subdivision is required to pay to the property owners ’ association on a regular basis and that is designated for use by the property owners ’ association for the benefit of the residential subdivision as provided by the restrictions.

      The answer should be in your governing documents.

  185. Can an HOA member see the names of property owners that have not paid HOA fees? Is it public record?

    • 209.005(k): Except as provided by Subsection (l) and to the extent the information is provided in the meeting minutes, the property owners’ association is not required to release or allow inspection of any books or records that identify the dedicatory instrument violation history of an individual owner of an association, an owner’s personal financial information, including records of payment or nonpayment of amounts due the association, an owner’s contact information, other than the owner’s address, or information related to an employee of the association, including personnel files. Information may be released in an aggregate or summary manner that would not identify an individual property owner.

  186. My HOA passed an assessment to refurbish the pool but failed to post a 14 day notice and then decided to have another meeting to post the 14 day notice but in the mean time went ahead and signed a contract with pool company,also cashed checks before the new meeting. I was told there is nothing that can be done to cancel this contract.

  187. SB 1168 deals with subdivision of 100 lots or more. Where do I find the rules for board elections and people requesting to be on the ballot?

  188. I am unfortunate enough to live on acreage which is terrorized by a so called “HOA” which did not hold a lawful vote to extend its deed restrictions, which expired (per the language in the restrictions) several years ago. The clique which operates this cabal has managed to find a way to avoid almost every single State statute and association bylaw ever written.
    They make up rules without votes, they make up “special assessments” with bogus votes and threaten foreclosure against innocent homeowners for (later admitted) non-owed “debts”. The government public servants which are charged with halting these types of acts refuse to do what the state constitution demands that they do to try to rein in the almost RICO-act like violations, based on the absurd claim that they don’t have the funds to devote to… halting any private Texas Corporation from exercising any power …not authorized by law”.
    In short, at any time I meet some young couple who is discussing purchasing property in Texas, I advise them that they are crazy to ever consider buying property governed by an HOA, POA, Condo Association, etc. They are much better off buying non restricted property than they would be to find themselves hostage to, and terrorized by an HOA, which entails having an express lien agreement which could be filed against them.

  189. Our condo community is 329units with a 1978 “boilerplate” Declaration – 51% quorum. We had Annual Meetings with elections for 33 years (no quorum count announced or recorded). Homeowners could easily examine the condo records. Following a contentious 2011 Annual Meetings with assertions of ballot irregularities and no financial audits, our on-site manager of 16 years resigned and the newly elected board hired a COA management firm and replaced the lawyer with one recommended by the new management company. Four years later the results are records now unavailable to homeowners since they contain “confidential” information, no Annual Meetings because we don’t meet quorum, and a board that is secretive and unresponsive.

    Adhering to Texas Condo Law and the Non-Profit Law is voluntary – no penalties. My frustration level is through the roof –HELP.

  190. I have been requesting my driveway to be repaired for 6 months now. I notified the HOA via email as the bylaws stated. I did this atleast 6 times. The board members never reply, except to tell me in ways I can repair the driveway myself at my expense. Anytime someone indicates that they will take legal action, the board members use scare tactics such as “you would only be suing yourself. If you do that we have to raise the dues for everyone”. I have also asked for an annual report of monies collected and what was paid with these fees. We have never had an audit nor have we been provided with this information.

  191. Need to know if there is a process to recall the board of directors of our HOA. We have a petition to have a recall meeting that we will submit. We have trust issues with 4 members of the board, the management company as well as the MUD. We understand that they need to verify names and signatures and run it by the attorney, however how long do they need to keep from dragging this on? We want the recall meeting soon. We also need to know how to control the voting. If the management company sends out the proxy or absentee ballots there are no guarantees that they will count them all. Please give us your advice.

  192. Every two years the Texas legislature meets to pass some watered-down protection for Texas Homeowners Associations. There is NEVER a compliance requirement in these laws, never. I propose a “Texas Homeowners Board For The Protection of Homeowners Rights.” Any Homeowners Association, in Texas, that had a legal right of foreclosure, for any reason, would pay a certain fee per unit to support this new organization.
    The Texas Homeowners Protection Board would have the power to police errant Associations, by removing their state charter, fines, and or appointing a Master to oversee the HOA until a responsible BOD could be elected.
    Homeowners Associations run and destroy at will. Think about it, Homeowners Associations must have a license with strict supervision.
    Contact your state representative and get this legislation passed.

  193. Under Texas code is it illegal to deny a property owner the right to vote for new officers if their dues are not paid?

    • Sec. 209.0059. RIGHT TO VOTE. (a) A provision in a dedicatory instrument that would disqualify a property owner from voting in a property owners’ association election of board members or on any matter concerning the rights or responsibilities of the owner is void.

      (b) This section does not apply to a property owners’ association that is subject to Chapter 552, Government Code, by application of Section 552.0036, Government Code.

      Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 3, eff. January 1, 2012.

      This section was amended by the 84th Legislature. Pending publication of the current statutes, see S.B. 1168 and H.B. 1072, 84th Legislature, Regular Session, for amendments affecting this section.

      SB 1168: SECTION 11. Section 209.00592, Property Code, is amended by
      amending Subsection (a) and adding Subsections (a-1) and (c-1) to
      read as follows:
      (a) The voting rights of an owner may be cast or given:
      (1) if a meeting of the property owners’ association is
      held, in person or by proxy at the [a] meeting [of the property
      owners’ association];
      (2) by absentee ballot in accordance with this
      section; or
      (3) [by electronic ballot in accordance with this
      section; or
      [(4)] by any method of representative or delegated
      voting provided by a dedicatory instrument.
      (a-1) The board may in its discretion use electronic ballots
      in accordance with this section as an additional method of voting.
      (c-1) For purposes of Subsection (b), a nomination taken
      from the floor in an election of directors is not considered an
      amendment to the proposal for the election.

  194. Can a Texas HOA Board meet for a regular (Not Annual) meeting, have a quorum present at the meeting, discuss a motion, then do the voting after the meeting by email? Doesn’t this violate the “spirit” of the Texas Open Meeting Act or Non Profit Corp laws? Is this an accepted practice in Texas? Seems like a “secret vote”.

    • The short answer is that it depends on the subject matter. Under the new statute, certain topics must be discussed and voted on in open meetings. See Senate Bill 1168 §8, and the new 209.0051(h). For those topics, the vote must be in open meeting. If a topic is NOT on that list, then under the new statute there are ways for them to vote outside of the meeting.

  195. What recourse is there when the HOA bylaws are illegible as posted on the website, but require architectural change requests, assert processing in 30 days, but fail to do so? Also, how can homeowners get access to Board minutes, Board member contact information, etc? Are these not supposed to be public record?

    • It is important for homeowners to know about the availability of documents recorded with the county, and about the right to ask for documents.

  196. The water bills for the HOA have been escalating. They have no reasons why but they have stated that the City of Austin can shut off the water! My dues have been fully paid for 2015-can my water get shut off?

  197. How can my hoa board sell land without a vote from the owners in the hoa?

  198. All these letters need to be sent to the government period. ASAP.

    • The Texas Property Code 204 gave all power to HOAs with no accountability. Homeowners have no agency where they can report problems. “Complaints and Concerns” is our effort to reveal the real problems which the HOA Industry has always claimed are “isolated”. is more evidence of the thousands of “isolated instances”.

  199. In our financials I noticed a check was issued to the president for a large amount. I do know he planted a tree in the common area behind his property, but it’s not worth that much. I asked the MC for documents to support this amount. The MC asked the board for approval. Many emails from bod responding saying; We don’t have to tell residents what we do with our money. The president’s own business did work for us so we can say we paid him.

    There are more things this board does that’s not following the new laws. So where can a homeowner get help?

  200. The HOA has responsibility for the exterior of my town home. Though this is not a condominium association, many of the provisions in our DCCRs (ca 1996) operate as though it is.
    Neglecting to fix an issue with my chimney which I reported in November has now revealed extensive damage caused by leak which led to termite infestation.
    The HOA is not sharing information with me, and is threatening to delay repairs further if I question any of their plans for the repairs which includes changing some of my exterior from its vinyl siding to Hardi-plank but only where repairs are made.
    If I make my own repairs do I have any recourse to withhold a portion of the maintenance fees until I am reimbursed?

    • Failure to withhold portions of the maintenance fees makes the homeowner vulnerable to fines, fees, and foreclosure. Keep payments current and then contest.

  201. I really think it’s odd that our HOA President in Texas has taken a job with our new Management company who runs our association. I would think that is a conflict of interest, but cannot find any legal standings behind it. These HOA board members can literally do what they want without any consequences.

  202. I cannot comprehend how owners of homes, their own homes and properties, got strapped with others dictating to them what they can and can’t do to their possessions.

  203. I live in Texas and am currently dealing with an HOA that is threatening me with a law suit for being in violation of their article bylaw concerning animal husbandry which was codified in Dec of 2000. According to the article, residents are to have no more than two animals per lot. I and many of my neighbors were unaware of this bylaw, and most people around here have at least 3 plus animals of some combination or other. I am currently fostering puppies that were rescued and have for almost a year tried to get them placed but it’s a slow process. My neighbor has been complaining because we have a community fence which the dogs have breached. She does not want to fix her portion of the fence claiming it’s my dogs’ fault. Because we went through Hurricane Ike almost 6 years ago, the fence has been steadily deteriorating. My main issue is the HOA has gone on heresay stating my dogs are out at all times of the morning and evening barking uncontrollably, which is untrue. I have done everything I can to minimize the barking but the disgruntled neighbor still feels the need to continue complaining even if my dogs are outside for two minutes and we are with them. Furthermore the HOA will not respond to my phone calls or emails, and is threatening me with a civil suit. Many of us did not know that living out of the city limits would still have all these restrictions.

  204. At the annual meeting in January 2015, the BOD of our HOA failed to pass an increase in dues, so they brought it up again at the next months mtg and it passed overwhelmingly by over 75%. My question: since no log is kept of any member attending any meeting, how does a person that was not in attendance for either meeting know how many were at each meeting And what the actual count was? Is the BOD obligated to keep records and accounts of who attends meetings to establish a quorum?

  205. Unfortunately we are into 2015 and the problems with HOAs have not improved but have become even more monstrous using bylaws and state law that was well meaning to protect communities from uncaring owners. What has been created is a platform for single sighted individuals to set upon selfishly serving themselves and those who are followers but never for the well being of the community as a whole. Condo communities are purposely being allowed to deteriorate due to refusal to follow through with roof replacement needs other then for those who are on the board. Dues are used for poorly done patch work for all owners except for those who consider themselves the ruling class (BOD) but meanwhile the other owners are pushed around over flower pots, door mats, or replacing dead landscaping because they are tired of looking at it knowing that no landscaping will ever be done other then for the board members. The HOA members who pay dues find themelves in the same position as tenants under slum lord control. ( As for myself, I offered to contract and pay for myself a new roof so as to save my investment but was told that I have no authority to do that …so I have no power under the state and local government but to watch the deterioration of my walls due to water damage.) Thank You Texas. Austin, Tx. you need a reality check as to what is really going on in HOA communities and what you have left us to deal with.
    When residents of the community suffer from apathy and fear of becoming involved and/or just chose to not care about their homes, the rest of the community pays the price of having their homes become substandard and decreased in value from what they could be. So it becomes under the rule of two factions , the apathy owners and the power mongers. The result is: GET OUT WHILE YOU CAN!

  206. Yes we too have a board of directors that are in total control. We residents have no voice in what our board does behind closed doors. They are breaking laws but no one has enough money to hire a lawyer to fight then while they use our money to hire lawyers.

    Last year they decided to increase our yearly maintenance fees on a per lot basis rather than the original rules written in 1965 that state all lots in each section owned by one owner are to be treated as one yearly fee.
    This is due to the fact that each house sits on typically 3 to 4 lots. They have also increased the fee by 70% per lot causing our fees to increase as much as 800%

    It is my understanding that 51% of the residents need to vote to make changes but everybody is too poor to afford legal advice. Help is greatly needed.

  207. If you DON’T have an HOA then market that fact! You will most probably see an increase in the market value of your home!

  208. Yes, another example of the fact that the declarant and board of directors are typically in total control and the homeowners have no voice ever if the Board so chooses, like so many do.

    So we have all these well written, well intended, Federal, State, and local laws re: declarations, articles of incorporation and by-laws, etc and in reality they mean/or accomplish nothing . That is because the declarant and Boards can ignore them and nothing can be done.
    So what really is accomplished by having an HOA? Based on what I read in this forum and my own personal experience, the con’s outweigh the pro’s by a long shot.

    I would appreciate hearing from anyone that disagrees.

  209. I’ve been bringing up the 2011 Texas “Open HOA” laws for the past three monthly homeowners meetings. They fail to inform residents of the time/location and the agenda of meetings. Each time I bring it up, they completely blow me off and say they will look into it. My question is, what is the next step I should take?

  210. What happens when a HOA board does not follow the guidelines of the Texas property code (209.0051.e and 209.006) about notification of a new fining policy or about the posting of up coming meetings? Are those new fines not legal? If they have not followed any of the Open Meetings Act regulations can they be pulled from their positions as board members without a full majority of homeowners? (Our by-laws say majority of membership can remove the board, but most of membership is afraid of the board)?

  211. Our HOA added land from another HOA. The land was a gift. Our gov. documents say we can add whole subdivisions with paying lots or common areas owned by developers in those subdivisions. Our board claims they simply took title to the land for the benefit of the members and our governing document and scheme of development do not apply. We question if this is correct or even legally possible?

  212. I was recently elected to serve on our HOA so that I might bring some sense and sensibility to our HOA, to force transparency, and to represent ALL residents without having a personal agenda. For the last four months, I have been posting notes on MY Facebook group page about what goes on in the meetings. I was told to stop doing this because as a board member, this cannot be done. Can they force me to stop posting unofficial notes about what goes on during open meetings?

    • You might ask the other board member or attorney what statute or rule they are relying on as the basis to stop such posting and, if it is a rule, to send you a copy.

  213. The developer in our neighborhood created the HOA and CCR’s originally and appointed himself, a realestate agent, and his wife as directors. In the bylaws it indicated they must hold a HOA meeting to elect two new directors within two years. The two years arrived and they held the meeting but only allowed one director to be elected and retained control. We protested and found out that 4 days before the meeting he amended the by-laws giving himself 4 votes per lot, and electing himself and wife to unlimited terms! Thus controlling the HOA for as long as he had any interest in the subdivision. To amend the bylaws he had to certify he had 50% of the voting approvals. He appointed himself President and wife secretary and certified, illegally. County records show he had less than 25% at the time, yet they had the votes so the document was accepted and filed. This seems to be a criminal offense but the county does not want to deal with it! Any suggestions beyond spending thousands of dollars in legal fees?

    • From the Texas Property Code:
      Re: Declarant Control
      HB 2761 – Sec. 209.00591 – (Passed in 2011)

      (c) 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, 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.

  214. How, where and should I sue a POA (Property Owners Association)?

    I have owned this property for 20 years. Originally, the POA was voluntary but a few years ago the group that was running the POA decided to make dues mandatory. They created a bylaws document and filed it with the County Clerk, but the property owners never had any input and were not asked to vote on it. They sent a copy to each property owner afterwards. They have stated that any unpaid dues will be collected at the time the property is sold. The dues are not excessive.

    Since I have not paid any dues since they created the new POA, I don’t think I can go to “small claims court” because they don’t owe me any money yet. I am not planning to sell my property anytime soon, but, if I wait until they attempt to collect at the time of a sale, I don’t know if that is too late to correct the problem.

  215. My homeowners association has decided to add splash pad to our pool. The pool is gated and requires a key. My fees are up to date, however they have a form that they wanted signed to agree to the new splash pad rules. If you did not sign they locked your key and restricted you from the pool. The pad is NOT open yet, and I am current, but I am still blocked from use of the pool because I have not signed the form.

  216. I have contacted the controller of my HOA for a copy of the “Walls-in Hazard Insurance or the HOA Condominium Master Policy documenting the coverage for the interiors” as well as a statement indicating the monthly dues; both are required as part of the refi for my mortgage. I initially requested this information on Apr 24, 2015, and despite numerous follow-up calls to their offices, I still have not received either document. Further, I have not received a statement in nearly 16 months despite my frequent requests. There are no HOA meetings and they have not published a list of members of the board.

  217. I recently requested to review “open records” through my HOA management company, who then in turn sent the request to the HOA attorney. During our regular HOA meeting, it was announced by the BODs that the management company has received several form letters requesting to review “open records” via certified mail. This was considered a threat of a lawsuit since they were sent certified, so they were sent to the Association attorney who then sent out a letter to the individuals (myself included). Now, I am fully aware that there is a document copying charge that is billed to the resident requesting copies of the open records information, but the request was made by one of the BOD that large requests for open records is very costly to the Association and they wanted it to stop. First, I think it was highly inappropriate for any BOD to ask residents to reconsider their right to obtain copies/review open records documents, and secondly, it is not my fault that our HOA Board instructed the management company to submit our request to the attorney, racking up a bill for his charge to send out letters. It appears, I am being charged twice, one for $150 to review open records and then the attorney fees are being charged to the association (my money and the other homeowners) to pay for these costly letters.

    The majority of the information I am requesting to see (meeting minutes) should be readily available to myself and other residents at all times anyway. In the past 10-14 years we have never seen meeting minutes and under the tab on our Association website, there is a blank space.

    That they are charging us twice is a cause for great concern.

    • This is just another example of a HOA board having too much power in that they can fail to comply with their own covenants or bylaws or the governing state statutes and nothing can be done to them. THAT IS THE PROBLEM.

      • Yes, happening here as well. Even when it is an attorney requesting documents the one person on the board with all the power just stonewalls until you give up! When will Austin give us homeowners some ‘teeth’ to deal with this abuse of power?

  218. I have lived in a condo community in Dallas, TX for 22 yrs. all the while paying my dues on time and abiding by the bylaws. Repeatedly I have asked for my leaking roof to be fixed and I have received token patch jobs on a stucco with/clay tile roof that was never installed properly and has not been maintained. These condos were built in 1981 and the HOA has repeatedly patched up spots instead of replacing all the rotted wood and underlayment and water saturated insulation that has also been destroyed by rodents. Now my condo is sheetrock rotting with water from blowing rains flooding inside like several faucets are turned on.
    I have spent thousands on repairs (decayed sheetrock and windows) to the interior and now I am telling them that I will put a roof on my part but not the other three units that make up the building. Most of my neighbors are acting like their heads are stuck in a sand dune…hear no evil..see no evil. They don’t want to be out of pocket to maintain a standard of living it seems. The H.O.A board takes care of their own homes always and patches everything else.

  219. Am looking to buy in a new community. However, the bylaws state “No Street Parking”. But the residents do park on the streets. They say, no one enforces it. The builder Sales lady, says oh just park on the street, no big deal. Maybe not for her, but I sign the HOA bylaws book, am bound by the laws. The community is 2 years old. About 60% built out. We are a bit ?? Any suggestions, as we live in an already concentration camp type HOA. Just can’t seem to get away from these outrageous HOAs and their bylaws. When’s it going to stop?

  220. I moved to texas from New York. I bought a home in Round Rock, Texas. I don’t know anything about HOAs because I didn’t pay any fees like this. I asked them what are these fees for and they said it is for your recreation club. It includes swinming pools , health club etc.
    But they don’t have anything here and we are paying 59 dollars monthly for nothing. I would like to stop this payment. Is there any to way to stop this payment?

  221. Can a Texas HOA disallow sheds to the homeowners, but utilize them openly on common grounds themselves?

  222. My HOA charges entrance fees through our security gate of 5.00 each time you enter the property if you’re behind on your dues. I think it is excessive and is aimed at the lower income residents who have a tough time.

  223. I live in an HOA subdivision in San Antonio, TX. Our HOA refuses to fix one of our pools, and the large pool has not been touched or cleaned and yet opened today. The smaller pool located directly next to large pool is empty. The large one that is opened is green, oily, and slimy. This is a saftey issue as well as a lack of management and care of our well being and safety by the management company. Most of the neighborhood has called and emailed about the issue but the problem has not been resolved. They continue to charge us our regular fees without hesitation.

  224. Installed wrong colored roof, being sued,

  225. My HOA hasn’t advertised a meeting in over a year. They have not had an election in over a year. I feel defeated and concerned about the well being of my community. Is there anything the homeowners can do if the board will not have meetings nor advertise for them?

    • Sec. 209.014. MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING. (a) Notwithstanding any provision in a dedicatory instrument, a board of a property owners’ association shall call an annual meeting of the members of the association.(b) If a board of a property owners’ association does not call an annual meeting of the association members, an owner may demand that a meeting of the association members be called not later than the 30th day after the date of the owner’s demand. The owner’s demand must be made in writing and sent by certified mail, return receipt requested, to the registered agent of the property owners’ association and to the association at the address for the association according to the most recently filed management certificate. A copy of the notice must be sent to each property owner who is a member of the association.(c) If the board does not call a meeting of the members of the property owners’ association on or before the 30th day after the date of a demand under Subsection (b), three or more owners may form an election committee. The election committee shall file written notice of the committee’s formation with the county clerk of each county in which the subdivision is located.(d) A notice filed by an election committee must contain:(1) a statement that an election committee has been formed to call a meeting of owners who are members of the property owners’ association for the sole purpose of electing board members;(2) the name and residential address of each committee member; and(3) the name of the subdivision over which the property owners’ association has jurisdiction under a dedicatory instrument.(e) Each committee member must sign and acknowledge the notice before a notary or other official authorized to take acknowledgments.(f) The county clerk shall enter on the notice the date the notice is filed and record the notice in the county’s real property records.(g) Only one committee in a subdivision may operate under this section at one time. If more than one committee in a subdivision files a notice, the first committee that files a notice, after having complied with all other requirements of this section, is the committee with the power to act under this section. A committee that does not hold or conduct a successful election within four months after the date the notice is filed with the county clerk is dissolved by operation of law. An election held or conducted by a dissolved committee is ineffective for any purpose under this section.(h) The election committee may call meetings of the owners who are members of the property owners’ association for the sole purpose of electing board members. Notice, quorum, and voting provisions contained in the bylaws of the property owners’ association apply to any meeting called by the election committee.
      Added by Acts 2011, 82nd Leg., R.S., Ch. 1026 (H.B. 2761), Sec. 5, eff. January 1, 2012.

  226. Bought house with understanding there was a 50 foot wide and about 1/2 mile long trail that all HOA members could use according to plat. The owners of the houses adjacent to and backing up to the common area trail have fenced it off so we cannot use our common area trail. This affects the value of my property and restricts us from using the trail. What can we do to remedy this takeover?

  227. I feel our HOA is PUNITIVE in nature and not really there to help the community. They have let funds get stolen; they only maintain PART of the subdivision, leaving the other, older half to very little in the way of sprucing up, flowers, entryway etc…

    In addition, we are paying off thousands of dollars in attorney fees that were tacked on to our bill for some maintenance issues we sustained after Hurricane Ike. It took almost 2 years to get our insurance company to pay our damages and in the meantime, the HOA just kept hammering us. So now, they shut us out of our amenities (like pool and tennis courts) because we owe attorney fees, even recognizing we are NOT behind on our dues…We are on a payment plan and have paid over $2500 this year to get this handled, but we are still about $5K short (all attorney fees, NO DUES) and they do not want to issue us pool tags…
    HOAs have too much punitive power over homeowners.

  228. I lived in my home for five years and belonged to one HOA. D
    uring a period I was working out of state we were put in an additional one. I am selling my home and they are forcing me to purchase two resale certificates in the amount nearly 1000 dollars combined! Is this legal?

  229. I am done with HOA corruption! Time to call the IRS on them. Start calling National Media! My HOA harms the home owners so horribly. I hate it!! And no one helps. Power in numbers!!

  230. You need to do everything possible to fight back at tyranny. Absolute power corrupts and it shows up faster in an HOA than any other place. I am in the process of setting up a website to show how they manipulate and lie. It will be pre-approved by my attorney. There will be clippings from the Minutes which show how they take action contrary to State Statutes and since I tape the board meetings, I will also post the recordings with a transcript. I have been fighting thru my attorney for 2 yrs to get access to community documents. Every request has been ignored. I’m going to court to get the docs because of everything they’ve done knowingly and intentionally that hurts the community.

    • I’ll stay tuned for this. I recently volunteered for the board of directors in my association because I feel that those people are cooking fishy things. So far, I’ve bumped heads with the other two board of directors but I’m outnumbered. I would appreciate some advice.

  231. HOA boards have too much power vs homeowners and if Boards do not comply with all these well written covenants or state laws such as the Texas Business Organization, so what !
    The word fiduciary means nothing in the real world of HOA’s. What to do ?

  232. My HOA has hired a Houston law firm to prepare bylaws, policies and new covenants. I don’t know if the firm is good or bad? I also don’t know if they represent a lot of management companies. I worry that the governing docs may be skewed toward empowering the board to the detriment of the homeowners. We need a good reference source to check out the law firm and the attorney?

  233. I have been trying to find some help for a year and finally was recommended to this site. I live in a development with 6 houses and an HOA fee of $100/month. There has been zero maintenance for many many months, security gate broken, neighbors playing music loudly at 2:30 am ,etc.
    I have complained numerous times. I have now withheld payment of fees. I have read the Bylaws which state that there should be an HOA board that has scheduled meetings. There is NO board and there are no meetings. As per the bylaws I have asked for a copy of the financials and the developer refuses to send them. What are homeowner rights?

  234. I live in Conroe TX and am having a problem with my HOA selectively enforcing covenants.
    I must admit, After reading some of the posts, I am shocked that a homeowner has so little options to fight back. Not that it will do any good, but I do plan to send my state Representative and Senator, as well as the BBB and Texas Consumer Protection Bureau a copy of the letter I am preparing to send the HOA and its management company. Some of the things the HOA is doing are clear violations of consumer protection laws that deal with collection practices. I am at a loss as to how and why they can get away with it.

    • “They” can get away with it because the legislature by Property Code 204 gave all powers to HOA boards. There is no oversight agency. Texas homeowners must unite and demand their rights.

  235. I moved to a subdivision that has an HOA in Arlington, Texas in 2009. I was told that I would get a copy of the By-Laws at signing and I did not. I have requested a copy of the HOA By-Laws 4 out of the 5 years that I have lived here and have received none. There are NO elections and NO meetings. There are a few rules put in our mailboxes but rarely enforced unless repeated phone calls are made and then maybe. Is this a legal HOA?
    We pay $250 plus occasional pool maintenance fees for what? Some residents are ready to stop paying yearly fees unless the HOA can prove that it is legal. So far, they have not. Where is our money going? Can an investigation be conducted? I have continued to pay the dues although a number of residents want proof of HOA legality and a resonable amount of services provided.

  236. Our HOA board made errors on the board openings to be filled at annual meeting. Motion was passed to hold a special meeting for election of board members. Now the HOA board is adding several items to the agenda . Can they do that when the Special Meeting was voted on for elections?

  237. In our last board member election, a group of entrenched board members lost their majority status. After having failed to disqualify the newly elected board members, the remaining group of entrenched board members went rogue and decided to unilaterly and wrongfully remove and then appoint new board members.

    Now, the self-appointed rogue president has threatened wih arrest anyone who dares to disagree with her at the next HOA meeting.

    They have stolen an election and there is no feasible way to remedy this fraudulent practice. It would cost thousands of dollars to sue the entrenched board members which no homeowner can afford. The law doesn’t even allow for the collection of attorney fees for this type of fraud.

    The homeowners need a simple way to escape these legally sanctioned money grabbing corporations. The homeowners need to be able to terminate these self serving corporations via petitions by a simple majority of the homeowners without the involvement of their corrupt board members. Or better yet, the membership in these corporations should be made strictly voluntary.

  238. Boards have too much power and the homeowners too little, especially considering developers can vote their empty lots to elect their own board members. It is a sad situation.

  239. My HOA is controlled by a large group of tennis players. Although fine tennis courts are one of the amenities of my HOA, the majority of owners don’t use them. Because only about half of the owners regularly vote, the small number of tennis players are able to elect whom they want. They have turned the club house into a country club with fancy interior amenities,etc. The tennis courts are world class and they even have a tennis shop. The HOA has hired full time employees to “work” on a salaried basis at the club; all but one of these employees is a wife of a homeowner close to the association board. The board president’s wife also works at the club. Our dues are close to a $1,000 and only headed up. Attempts to change direction with less spending have not succeeded. Any ideas? We need help desperately.

    • This is the danger of living in an HOA where your home is security for the expenditures of the board – however unreasonable they might be. Here is link to a paper that might be helpful to you: Homeowners must unite to reclaim their rights.There are those who believe that everyone should subsidize their costs of a country club. That is the mind-set of HOAs.

  240. A lawyer has cozied up with the board of our neighborhood and has convinced them to start an HOA where he has the right to fine and foreclose on people. It has already begun. We need help. He is sketchy with his ideas, but he has hoodwinked this board. This HOA has barely been formed not even two months. This neighborhood has mostly old, retired people. It’s a bit more complicated too. I would need to speak with someone.

    Thank you for this site.

  241. I received notice that I will have to pay a $275 special assessment to fund a break in a pipe 20 feet under a slab (in Texas) but they will not provide proof of any repairs. That would be $25,000 if all owners comply. Is this legal?

    • From Property Code 204:

      (a) Unless otherwise provided by the restrictions or the association’s articles of incorporation or bylaws, the property owners’ association, acting through its board of directors or trustees, may:

      (1) adopt and amend bylaws;

      (2) adopt and amend budgets for revenues, expenditures, and reserves and collect regular assessments or special assessments for common expenses from property owners;

      • And from TUCA: Sec. 82.102. POWERS OF UNIT OWNERS’ ASSOCIATION. (a) Unless otherwise provided by the declaration, the association, acting through its board, may:(1) adopt and amend bylaws;(2) adopt and amend budgets for revenues, expenditures, and reserves, and collect assessments for common expenses from unit owners;

  242. I’ve lived in my HOA for 11 years, the past 7 as a home owner. As of a year ago I became an employee of the HOA. I was given comp time instead of overtime along with another employee who has been there 10 years and has never received any overtime. A board member is doing everything he possibly can to get the other employee fired. The board member’s friend is turning in complaints that I as a witness know are false. Finally, three days ago I quit. Their swimming pool shouldn’t even be open due to no attendants have ever been properly trained and the pool is falling apart (can’t drain it due to a huge crack in the bottom). Is there anything that can be done about this HOA?

  243. I know a lot of HOAs specifically say no poultry or livestock. While I completely understand the use of livestock, I think laying hens should not be outright banned. There seems to be a rather large movement across the country of people wanting to raise at least part of their own food i.e. fresh eggs. Doing a couple of minutes of research on the internet yields a lot of results of people actually having to go to court against the HOA to keep chickens. I know for a fact that if you are diligent in keeping your place clean there would be no “nuisance” odors to bother neighbors. The City of Houston has laws allowing chickens. How could we get HOAs to loosen up on the idea and take that restriction away? Setting guidelines wouldn’t be a problem but “outlawing” them altogether I feel like is overreaching too far.

  244. Our HOA Board has awarded maintenance contracts to the board president of almost $40,000 in the last 13 months while the owner fees increase and the property deteriorates. When this info became public to the owners, the board fired the management company of 15 months and rehired the former company who let the property decline. The fired management company still has to be paid $17000 which is the balance of their contract. Over 1/3 of the owners have petitioned for a special meeting but it’s being ignored. Most of the attorneys talked to do not want to represent the owners. It’s beyond frustrating. Any suggestions?

  245. Here is my email sent to Senator Gutiérrez from Texas with regards to capping the legal fees for HOA legal representation to $500.

    I have been in multiple HOAs, on the board of one, and every HOA I’ve ever belonged to has done NOTHING but create discord, micro manage how we live our lives, especially in our most sacred safe space, our home. There has never been an HOA that has provided the services promised, increased property value or accomplished anything OTHER than removing the responsibility from the community the subdivision resides in for code enforcement, etc. onto the private sector in the form of small, unconstitutional governments in the form of HOAs. They have constantly issued assessments for expenses that took years to accomplish yet the assessment was required to be paid immediately. What has happened to being able to have pride of ownership and live peacefully within our neighborhoods instead of turning neighbors against neighbors watching and reporting any/all infractions of the covenants and bylaws?

    I can’t tell you how abusive HOAs are to owning a home and it is stealing the American Dream from those of us who love our homes and work every day to make it our “Shangri-La”?

    Thank you for your efforts to limit the legal abuse that goes along with HOA legal representation to a max cap of $500.
    Thank you for reading this and all that you can accomplish to preserve the “American Dream”.

  246. We were issued a certificate of compliance at closing from our HOA in November 2012. We had an existing crack in our driveway at that time, which remains the same today. Our HOA is now harassing us to repair that same crack and have issued a certified letter that a hearing is now set. What alternative do I have when the HOA decides to renege on a Certificate of Compliance?

  247. I live in a subdivision with a POA office. I pay my maintained fee and nothing is being done. Where is the money going? They tell you where it is spent but you can’t see. The bylaws are not being enforced yet they want you to pay. I do own my land. How can I legally force them to do their job?

  248. I live in a mobile home, part HOA, and my manager says I can’t let my dog outside in my fence alone. He is gentle, and rarely is outside but likes the cool air in the morning. They want to fine me $100.00.

    • What do your restrictions say? How big is your fence? Probably most important, the manager surely can TRY to fine you.

  249. I sent the following letter to our HOA, only to have it emailed back with a statement that they could not do anything but send a letter:

    I live in Spring TX, and over the years we have been subjected to our neighbors’ dogs barking constantly. We have tried to be nice, then got angry with the neighbors. We have called the non-emergency sheriff´s department, our HOA and even animal control, and have not been able to get assistance with this issue.

    Is there not a regulation on how many outside dogs can be owned? We have a pool in the backyard that is completely un-usable due to the constant barking from all three sides.
    At this point we are selling our house because of this issue and because we are unable to find some governing body to legally make the neighbors keep their dogs from barking. Which brings up another issue, whereby it is going to be extremely difficult to sell the house when we cannot even open the back door before the dogs begin barking uncontrollably.

    We have contacted the County Commissioner, the Mayor, and many state officials in regard to this issue. We have taken these steps because we feel that this is NOT a noise issue. This is a criminal issue for which we suffer day and night causing lack of sleep, relationship issues, health issues, etc. We stand to lose alot of money and time trying to sell this house and all because we cannot make these owners stop their dogs’ barking? I do not believe that in this day and age and paying our HOA to be a part of a community that we cannot get this resolved, so please do something to make this stop.

    HOA replied:
    “not a lot I can do but send a letter, you may have to take them to small claims court”

    So, I just wanted you to know how disappointed I am in my HOA, that accepts my dues but will not assist me with living in a peaceful community.

  250. I live in Houston and my HOA and the related lawfirm are at a minimum indecent. The Cliff notes version is my HOA 2 years ago, fined me for having a gas can on my driveway (which was there for maybe an hour and belonged to neighbor’s lawn guy). When I paid my dues, part of the money went to that fine. The end result is that the attorney then added almost $2k to the assessment’s dues resulting in a writ of sale and my paying almost $8k. Now the attorney tells me I still owe him another $2k for the final collection activities. The case has been paid for etc. yet he is still billing. The HOA never responds to any calls or requests for information and never provided the 2015 assessment bill. I finally got the amount yesterday after 4 requests to the attorney with the HOA management company on copy. My question is this: the HOA has made it impossible for me to pay because I did not know the amount so I am late. If I pay that fee, will the money go to the fee or the “old” late fees case attorney fees? I did read that in Harris County Texas if you go to trial against the HOA that the attorneys fees are capped at $2500. So in hindsight it may be better to just go to court and not settle?

  251. The bylaws of our HOA clearly state that the annual board meeting is to take place on the “second Tuesday in March” and that the Board “may postpone the time of holding of the annual meeting for up to 30 days” which means the postponed meeting would have to take place by April 9th. The current board president (who is up for re-election at this meeting) has sent notice that the annual meeting will now be in May. I believe we are legally bound to follow the bylaws and that a further continuance or delay until May is a breach of the Bylaws. Or why have them if we are just going to ignore them? Can we force the board to hold the annual meeting as provided in the by-laws? This is in Dallas, Texas.

  252. The association attorney was confirmed as inspector of election . Item on ballot is over 3 million dollars.

  253. Is there a Texas law on the books that provides a time constraint on the HOA to reply to homeowner requests such as landscaping, improvements, etc.?

  254. My HOA just changed management companies. Am I bound by the new company? This is not the company I agreed to join when we moved in.

    • Here is part of Property Code 204:

      (a) Unless otherwise provided by the restrictions or the association’s articles of incorporation or bylaws, the property owners’ association, acting through its board of directors or trustees, may:

      (1) adopt and amend bylaws;

      (2) adopt and amend budgets for revenues, expenditures, and reserves and collect regular assessments or special assessments for common expenses from property owners;

      (3) hire and terminate managing agents and other employees, agents, and independent contractors;

  255. In our HOA the declarant uses empty lots to vote in his few followers on the Board with him. Board then gives him money for phony reasons and then they get re-elected by declarant. They do not follow legislative rules or the covenants. They change contracts without the body voting, etc.

    • Perhaps this information will be helpful to you and your neighbors:
      HB 2761 – Sec. 209.00591 – (Passed in 2011)

      (c) 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, 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.

      If this is not helpful, then all of your neighbors contacting your state legislators is necessary. Getting true representation at the legislature is homeowners’ only hope.

  256. Unfortunately I moved to a house where there is an HOA in place. We have a letter stating we pay 200 dollars for the year in which we paid. The man came to my door tonight and demanded money on the spot because it had run out of money for our snow removal. Is it the HOA responsibility to get ahold of everyone when unexpected money is wanted ASAP? And was this right for him to do it this way or is it harassment?

  257. Two weeks ago water came into my home from underneath the patio. I live in a condo. The living room is sunken so the water came in on the slab. I reported it to the HOA immediately. Initially I was told someone would come and remove the damaged carpet. Next I’m told any damage to the inside of my unit is my responsibility. I’ve lived here for 15 yrs and something has changed to allow water in. In the past, the HOA always repaired interior damage if it resulted from a building or structural issue. This management company has given me all sorts of bizarre excuses. I pay for insurance via the dues so why is it my responsibility? The carpet is still wet and the HOA is doing nothing.

  258. A developer bought several hundred lots in an existing POA. Promptly voted his unsold lots to become president. Using unpaid maintenance fees on lots to finance his housing development. Created his own maintenance company to charge for POA maintenance without any oversight of billing. Does this pass the smell test? He has voted on unsold lots to take control.

  259. We have completed a forced election under Property Owners Protection
    Act Chapter 209, but the law does not provide any means to force the
    old board and the management company to relinquish control – other
    than the usual pay a lawyer $5000 up front to sue for a TRO and an
    injunction. The law needs some teeth. I’ve also had to send the notice
    of filing with the justice of the peace court to force them to show me
    the books under Chapter 209. I understand that often they ignore the
    JP’s order – so, there you are again, scratching for $5000 or so to
    get into court for a long, dragged out battle. We need some laws with
    some teeth. We need to defeat the management company association

    • Every homeowner in Texas must demand that his/her legislator enact HOA property laws that have severe penalties for HOA boards, management companies, and attorneys who flaunt the laws. Laws that convolute and have no penalties have caused misery, harassment, and financial ruin to Texas homeowners. Just read this column for examples. Also read “Fraud and Embezzlement” under ‘OPINIONS’. Open Records would help Texas homeowners learn how their assessments are being spent. National headlines confirm that fraud and embezzlemnt are a daily event. Open Records should be the will of all legislators.

  260. Many HOAs feel they do not have to follow the laws that are currently on the books and there is nothing you can do about it, especially if the HOA is still under Declarant rule. They know there is no way anything is going to be done about it. They just ignore the law and harass anyone trying to point out the many problems they dump on the residents. It makes you feel helpless.

  261. My HOA property manager responded to my certified mail request for the 35+ page “Property Management Report” provided to the board of directors by saying that it is “confidential and privileged”, and not subject to disclosure by 209.005. Has anyone filed a petition with his/her Justice of the Peace requesting relief under 209.005 (n)? What happened?

  262. I thought that I read somewhere that Texas HOAs have to keep records for at least three years, is that right? I just found out that our new board wants to purge all records. That means there will be no documentation of anything regarding homeowners or what this board is doing.

    • 209.005: (m) A property owners’ association composed of more than 14 lots shall adopt and comply with a document retention policy that includes, at a minimum, the following requirements:

      (1) certificates of formation, bylaws, restrictive covenants, and all amendments to the certificates of formation, bylaws, and covenants shall be retained permanently;

      (2) financial books and records shall be retained for seven years;

      (3) account records of current owners shall be retained for five years;

      (4) contracts with a term of one year or more shall be retained for four years after the expiration of the contract term;

      (5) minutes of meetings of the owners and the board shall be retained for seven years; and

      (6) tax returns and audit records shall be retained for seven years.

  263. I have lived in my apartment, now called a condo, since 1973. It is valued at around one hundred thousand dollars. The “controllers” who run our HOA charge me $433 per month, give themselves annual pay raises, and Christmas bonuses. They should be taken away in orange jumpsuits.

    • Our board is major bad but yours sounds worse. All the rights these days go to the boards and not the homeowners. We need to get this stopped.

  264. What is a “Resale Assessment Fee”? I am familiar with the Initial Assessment fee (section 5.04) but not resale assessment fee. I live in San Antonio Texas and my Resale Certificate shows a “Resale Assessment fee” of $1,000. When I spoke with HOA for clarification they could not give a clear explanation. I did pay an initial assessment fee when I moved in. I am the first home owner therefore I purchased from the builder and paid an Initial Assessment fee of $1,000 so I am unclear as I am reselling my home why the new home owners aren’t paying the Initial Assessment fee of $1,000. So now I have paid $2,000 in “assessment fees”.

  265. I believe my HOA is illegally making changes and also not a legal HOA.
    How can I verify they are a legal registered HOA?
    Also how can I verify if the increases in maintenance fees were valid and legally implemented?

  266. My comments are the same and it’s not anything new . I do not believe HOA of Texas should be able to take your home if you’re behind on HOA dues. Its that simple .

  267. Please see my web site for the complete story on an out-of-control HOA.

  268. My husband and I have been the victims of excessive attorney’s fees. We tried to settle the maintenance fees that were past due to the HOA, but they rushed us to non-judicial foreclosure. We explained that we had gotten behind on our payments due to a job loss. Our mortgage company was helping us by modifying the loan. The HOA members, however, would not help. We even contacted the president of the HOA, and he would not assist us. We had been residents of the community for sixteen years, but it did not matter! Although by Texas law, we are entitled to eighteen months to repay the past due maintenance fees, the attorney for the HOA would only agree to very high payments over three months, which we could not afford. We asked our mortgage company to assist us with this matter, and they agreed to pay the late maintenance fees and the attorney’s fees. Until now, however, the lender has not paid, and the right of redemption for our townhome expires in four days. We could have managed to repay the HOA, but the late fees and the attorney’s fees with the court costs are now almost ten thousand dollars. We will lose our townhome because of the HOA’s unfair practices!

  269. My HOA wants to cut down my tree in the front yard. I cut down the ugly pin oak when I moved here 14 years ago. Now all the other pin oaks have grown and are ugly and the board wants to cut them down and replace them with white crepe myrtles. I don’t really care what they do with the trees in their yards but they want to cut down my 14 year old weeping cherry just so they can replace it it with a crepe myrtle for “uniformity” It has’t been uniform for 14 years…now they want to remove a tree my dad gave me who died 7 years ago. What am I to do?

  270. My HOA has a website but when a resident asks a question they don’t want to answer they delete it. No matter how compliant to their rules you are they don’t answer questions. Even at Board meetings they refuse to answer questions. What can we do? So many residents are fed up. Many are just selling to move away from here. It’s sad and depressing.

  271. I want to share the latest enforcement of the “governing” documents for our HOA in San Antonio, TX.

    “Parking – Our original documents stated no parking on the street at any time by residents. We were able to amend this to no parking by residents from 7:00 p.m. until 7:00 a.m. However, parking of commercial vehicles on the street by residents is not allowed at any time. On occasion a homeowner may need to park on the street as an exception to the policy. We are asking for input from residents to help identify those repeatedly using the streets as their personal parking lot. Attached to this email is a picture of our new parking sticker. If you receive one of these, the next violation will result in a visit from Bexar Towing without any additional notice, and a fine.”

    “Vehicular Violations – We can now issue citations to people abusing the speed limits, running stop signs or driving recklessly. This can include increasing fines and, for recurring violations, an individual can lose the right to drive in the community for 30 days. In addition, if the speeding doesn’t stop we are going to begin installing more speed bumps – on the streets where we have identified repetitive violations.”

    “Animals – We continually receive complaints about dogs left out for hours – sometimes all day/night – barking constantly. We are not talking about the occasional instance of a dog barking. We are talking about the same people leaving the same animals outside without regard for their neighbors. Going forward, the initial complaint will be a written warning. The next will be a visit from law enforcement and a fine. The one after that will be Bexar County Animal Control coming to get your animal and/or issue a Bexar County citation.

  272. My HOA will not return my phone calls or inquiries. What do I do?

  273. Our HOA has sent us a letter informing us that we must modify a rain harvest system. The letter states that the system must fit in with the deed restrictions. Since Texas state law code 202.007 states that the HOA may not prohibit or restrict rainwater harvesting , and any deed restrictions document to such effect is “void”, doesn’t that mean that the HOA and its management agency are breaking the law by asking us to remove our catchment area and comply with the deed restrictions? Does that mean I could ask the Commissioners Office to file a charge against them?

  274. HOA attorneys obtained default judgement basically because I was not made aware of the hearing. We were being sued on HOA dues. In August I tried to negotiate the disputed fees again. HOA (4 neighbors) suggested they were willing to negotiate to lesser junk fees but then demanded it in less than 24 hours. I asked for 30 days; no response. When I found out about the default judgment and that they had filed a lien (on a mortgaged property) and were sending it to a sheriff sale I filed a motion to set aside the default judgment. The judge signed order for a hearing on that motion and set aside the foreclosure order of sale. This leads me to believe we have a chance of getting this set aside but I am not sure how. The hearing is in three weeks.

  275. My HOA board consists of 3 members who are elected for 3 years terms that are staggered, with one member’s term expiring each year. Elections are to be held each year on December 1. The association has not held an election by the members in several years. I believe that the board/management company has filled vacancies by appointing their buddies as needed.
    On Jan 1, 2012 Texas Property Code sec 209.00593 became effective – no longer allowing a board to appoint a board member to serve longer than the remaining time remaining of the original elected official.
    One problem we’re having is that the management company is resisting our attempts to open the entire board to election under the law. If the board claims that all three positions were appointed on 12/31/2011, then I’m guessing that they feel that they would be in place for 3 years before the new law would kick in and they would be up for election and would be removed from office by operation of law.
    The association failed to hold the election meeting as required on Dec 1, 2014. After learning that an election committee had been formed and has notified the membership of an upcoming election meeting on Feb 16, 2015 the association hurried to call an annual meeting to take place on Feb 9, 2015. This would be ok with us, but the association only put one position on the ballot – rather than the 3 positions which should have terminated under the new law by 1/1/2015 ( 3 years after the effective date of 209.00593).
    To hire a lawyer would cost $300.00 per hour to challenge the management company to take back control of the association.
    I suppose this so-called Texas Residential Property Owners Protection Act is a step in the right direction, but you really can’t do much with baby steps. You need a real boot to deal with these people. The only beef in the package is the ability to take the association to JP court if they don’t let you see the records, after sending 2 separate certified letters and waiting at least a month of business days.
    Now I know what they mean when they brag about how Texas is “business friendly” and you all should come here and do business because the law gives business everything, and makes it impossible for the little guy to get a fair shake.

    • Just about the same thing has happened within my HOA. They hold elections. But it’s hands down, always their buddies. When asked to see ballots, they out right refused. This HOA Bully nonsense must be stopped!

  276. I searched the “Texas Legislature Online – Legislation” web-site for bills containing the text “HOA” or “POA”. No hits!
    I also reviewed the bills authored by our Representative and Senator to see whether any address the rogue POA / HOA practices. Zero!
    Does anyone have a list of House or Senate Bills we should watch?

    • There are homeowner-friendly bills being written. As soon as we have the information we will be notifying Coalition allies so that they may contact their legislators and others who will aid in getting the bills passed.

  277. My association is fining me for parking in front of my zero lot line house. This is a public street in Dallas, TX. I have a handicap and need to have easy access. What are my legal options?

  278. I moved into a neighborhood in Flower Mound in November and am ready to move out! At the beginning of the year, the HOA hired a management company because no one on the Board knew what to do! When I received my resale certificate, there was a violation because my fence is vinyl. It is a board on board beautiful 13 year old fence! No one knew it wasn’t wood! The treasurer lives next door and the fence is on his line…he claims that he woke up one day, and it was there! He has wood and the violation states that I must replace the front two sides of the house with wood (covenants read wood, wrought iron or masonry) The seller would not participate and since I wanted the house, I closed and accepted the violation. The annual meeting was 3 nights after I moved in. I was the ONLY homeowner to show up! Three members of the Board were present and they had decided that they would fine me until I removed the fence. WELCOME!!!!!! I told them that I would remove it when all of the other violations are placed. The CCR’S read no fences over 6 ft, no satelite dishes visible and fence and yard are to be kept in good appearance. Many owners have put up 8 ft fences, have dishes visible and their wood fences are now gray. We have a beautiful vinyl split rail fence along the entrance of the neighborhood….18 years old! I have not heard another word and they will not respond to my emails. They will not provide me with contacts (have 2 email contacts plus management co) I have asked who is on the ARB; for if I do change the fence or install a gazebo in my yard, the plans must be presented to the ARB. The previous owner told me that there had never been an ARB so the Board acts as one.She had no one to present her plans to 13 years ago. I have read that it is a law that HOA Boards in TX APPOINT an ARB (only one from Board can serve) but they have not (I assume as they won’t give any info’ out and make the decisions themselves just as they decided that I had to put up wood. It is now on my resale cert as a violation) The three re-elected themselves. My home is between two Board members’ homes. The President has an 8 ft wood gate across his driveway. What legal rights do I have? I truly do not want to stay in the neighborhood but can’t just pick up and move again….love the house!

  279. I own a Condo in Texas and my condo along with three other condos have flooding issues when it rains (no one knows where water is coming from, but it is NOT the roof). My bathroom and dining room flooded in 2010 and then again in 2011. Recently, the condos have flooded EVERY time it rains. Some of the condos have flooded about 10 times since October 2014. The association seems to be doing the minimum to alleviate the problem. What should be my next step? I am highly frustrated at the lack of urgency. I am also highly concerned about the health effects water damage can cause not to mention damage to interior walls.

  280. My HOA recently changed management companies and presented the board with a stack of new rules and resolutions to adopt. We seemed to already have resolutions on file for payment plan policies, deed restriction enforcement, and voting. The management company did not explain well how the updates would benefit us. I explained that not everyone understands complex legal documents and we should be careful and notify the community of the proposed changes that affect property rights. The management company was resistant and continued to state the polices were “legally required” since management company transitioned. I thought only the management certificate should be changed. Is it necessary to update all polices and resolutions when management company changes?

  281. Can an HOA invest money in property they do not own?

  282. We currently pay $120 for our HOA dues. The bill they sent out for this year ( January 2015) has a new proposed amount on it for $285 that we have not ammended yet or voted on.
    Can our management comany send out a bill and ask us to pay for an amount that we have not even agreed on or passed ?
    I sent in my $120 as per our bylaws set in place now.
    Do you know if they can bill in advance for something that is not recorded or voted on ?
    I just thought that was strange to bill for something not set in stone.

  283. Our association has just admitted that last years election results were calculated incorrectly and that upon recalculation the results are different. What recourse do we have in removing the board member who was improperly placed and installing the party who should be on the board?

  284. I believe that my HOA is sending accounts to collection, law firm, and charging too many fees. This has caused foreclosures and over payments of HOA fees.

  285. We recently bought some land in Texas that was SUPPOSED to have deed restrictions. We weren’t aware of any restrictions when seeing the place. They were never mentioned, and the title company apparently forgot to put them in our closing. We moved a mobile home onto the property and our neighbor flipped out saying our deed restrictions say no mobile homes. So I read every page in our papers and didn’t find any restrictions. The realtor called a week or so later and said they forgot to put them in our paperwork, and asked when we would have the mobile home moved. I told him I didn’t know, maybe in a year or so. Well now he wants us to sign in front of a notary, a paper saying we will have the mobile home moved by September 15, 2015. He sent it to all the other homeowners in our subdivision as well. We don’t want to sign anything. The mobile home is temporary but we don’t want to be on a legal time clock. What are our options?

  286. I have lived at this condo for 11 years and for 11 years each month I have sent in written complaints concerning repairs to the property. Very little to nothing has been done. I have written on the memo line of each check, sent e-mails and letters. Last year the management group left before their contract was up and we are being told by the board that we owe them 15000.00 even though they broke their contract. Now the board has taken over the property managers position and wants to raise our fees from 305.00 to 335.00 for service already not rendered. They claim this passed under the old managers, but was not placed into effect. No one living here remembers voting on a fee increase and they have not provided us with any proof or proxies. Since that company broke their contract and left, everything should be null and void under that contract. How can they be the board and property manager at the same time? This seems to be a conflict of interest. We need help.

  287. My HOA shut-off my gate transponder when I rented my home. Even though I still live in the same city, they said that transponders are active for residents (owners; tenants). Not having free access to take care of my property concerns me. They said I could be an authorized guest of my tenant to gain access yet there are owners who owe thousands of dollars in HOA fees and the HOA does not turn off their transponders.

    Although they say it is an HOA regulation, can they legally prevent my easy access to my old community as a former resident and now property owner?

    • One attorney suggested that the best option might be for you to become an “authorized guest”.

      • Yes that did satisfy the initial need to enter the community.
        Fortunately my former board members understood the limitation of suggesting this method for me to get into the community. I now can just show the guard my ID and go in through the gate. No tenant involvement at all.

  288. We bought a house in Katy in Oct 2014, and don’t have a mortgage. We did go through a title company, but unbeknownst to us and apparently the title company also, the previous owner owed almost $1500.00 of association fees for previous years. The association now is trying to collect that money from me. I have called the title company and nothing has been done. The association has hired an attorney to collect this money. What can I do?

  289. We just had a Renter voted on to our HOA Board of Directors. The by-laws state the following:

    “Section 5.5. Nomination. Nomination for election to the board shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a member of the Board and two (2) or more Members of the Association. The Nominating Committee shall be appointed by the Board prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the Board as it shall in its discretion determine, but not less than the number of vacancies that are to be filled. Such nominations may be made from among Members and nonmembers.”

    So with the recent exit of the Builder, who changed the by-laws to allow the Board, at its discretion, to set annual fees and special assessments, this means a renter can set fees and assessments, but only members have to pay.

    Based on Section 5.5 above, renters can take over the board and enjoy the benefits and payments of others.

    • Here is another example of the dangers of living in HOA land. Utopia it is not! Homeowners must awaken to the reality that apathy is not a choice. Homeowners must unite in their own neighborhoods and state-wide to reclaim the freedoms guaranteed in the Bill of Rights. Join the HOA Reform Coalition so Texas homeowners have a law-changing voice in this 84th Texas Session.

      • Our HOA is comprised of only 234 homes and management company dictates to our Board what to do and the Board (not knowing any better) agrees to any and everything. A few of us have tried to tell the board that they are supposed to represent the homeowners and then direct those desires to the management company to comply. It is not happening. We have close to $20,000 for street lights budgeted and we have about 8 streets some long some short and maybe 4 to 6 street lights on each. The board will not say how much they pay even when asked at meetings. The last budget was incorrect as they used a template of another HOA and failed to removed irrelevant line items. The board’s response was they didn’t have to do another budget for approval as the figures were basically correct. I’ve never done accounting that way “sort of right?” I live in Houston, Tx and would love for our HOA to go away.

  290. Our HOA election was two days ago and this year the HOA has changed the proxy procedure. In the past, homeowners were able to vote via postal mail and able to nominate candidates. Candidates running for the board were listed on the proxy. This year the Hoa conveniently eliminated the candidate list and option to nominate. Not many attended the elections. Only 75 homeowners showed up from a near 6,000 resident HOA. This is how the developer was able to use builder’s votes to keep the same 2 resident board members, whom they can manipulate. It was a shady election process. Legislators should investigate and pass stricter laws to regulate elections for HOAs controlled by developers.
    I don’t understand why builders get to vote for resident board members and there should be a limit on terms for board members. My 2 resident members have been getting elected for the past 12 plus years because developer keeps using builder’s vote to elect the same residential members. This is not fair and it’s a burden for homeowners. We are not happy on how the board handles the election process. Stricter codes need to be implemented through legislation. My developer is over using its power and we are paying for costly decisions.

  291. A close friend of mine is quite upset with the recent events with his HOA in a townhouse neighborhood in Houston. The HOA has organized a small coalition of home owners that do not want residents to park their vehicles in the streets or on the drive ways. What’s more, they elected to do this at a 5pm meeting while everyone was driving home from work. Literally 3 or 4 people were present for a neighborhood with roughly 60 homes. Roughly 20 of the residents, a third of the home owner populace, has more than 2 vehicles, and cannot park all of their cars in the garage. There are about 20 additional parking spaces in the neighborhood, most of which are marked for visitors. A petition was run, and 20 signatures were collected, all of which from residents that had more than 2 cars. Upon learning of the petition, the HOA now is holding another meeting at 5pm, to vote on residents paying $50. a month for a parking sticker, but will only hand out 10 parking stickers. Thus, 10 out of the 20 homes will no longer be able to park in the neighborhood, or they will get fined every day their vehicle is parked in front of their home and eventually towed. How is it the HOA has the authority to alienate such a large portion of the residents by using shady meeting tactics, bullying, and back door dealings? What can be done to stop them?

  292. If you own property in a HOA, do they have the right to come on your property while you aren’t home, walk around everywhere, and take pictures of everything they want WITHOUT your consent?

  293. Our HOA conducted the annual election for board members last night. Ballots were mailed, however a week prior to the meeting ballots were amended to include additional candidates. When the ballots were turned in, some ballots did not reflect those changes. After voting took place, the ballots were viewed and openly tabulated without cross referencing lot numbers/signatures of those in attendance. Mail-in ballots were brought to the meeting out of the envelopes they were submitted in. Completed ballots were passed among multiple individuals in the room, one of those individuals being a relative of a new board member. Blank ballots were also available for anyone in the room who had not mailed one in prior to the meeting. This was the first HOA meeting I had attended, but was shocked and concerned over the blatant disregard for the statutes set forth by the State of Texas for laws governing HOA elections and procedures. I am concerned the property owners of my subdivision have now opened themselves up to legal action due to our disregard for TX HOA law, either intentional or due to ignorance of those laws. I believe the manner in which this election was conducted and its failure to abide by Texas law necessitates that an emergency meeting be called to declare the results of the election null and void and these issues be corrected through a second legal election, one adhering to law and maintaining standards required by the Texas Open Meetings Act.

  294. I live in a neighborhood in Texas where we have no elections and our BOD is void. There are illegal liens and over paying assessments for years. I have tried every avenue to get help with all these situations. Why do I need to pay lots of money out to an attorney if the association doesn’t live up to its fiduciary duties? We need some sort of agency to go to instead of fighting this alone. I’ve done a ton of research to know all of these doings are wrong here. Why have rules in place or even laws if no association has to follow them? I’ve really had enough !!

  295. We are currently trying to sell our 36 year old house and have a contact on it. We purchased the house a little over 2 years ago. During the title process of this sale we learned that the house was built 20 inches into a plat easement. The original HOA has been defunct for years, but now we are looking at a house with an “unmarketable title”. How is it that the builders who likely determined the plat guidelines built the house in violation, but I am now dealing with the consequences? Is there any way to permanently fix this issue? There has never been an issue and it is likely no one in the neighborhood knows about this who would sue, but leaving the issue “as is” leaves me and any future owners open to suit.

  296. My HOA is going up on our dues because 30 percent of the neighborhood won’t pay their dues which is really not fair to the 70 percent of us that do pay. Also the neighborhood looks terrible with uncut yards, junk cars, broken fences. I have lived here for over ten years.

  297. Our neighborhood has several easements that belong to our MUD district. One of those easements has been an escape route for thieves and four wheelers. The previous HOA board found that they had no authority over the property and told the homeowners who live near the easment to go to the MUD district and inform them about the problem and see what they say. One of the homeowners went with pictures of damage done, police reports, evidence of neighbors backing him up. The MUD asked what do you want to do about it? He said, “Close if off.” After checking, the MUD gave written permission but now the new HOA board says they do have authority and told him to take it down. He is leaving the fence up because the MUD owns the easment and has given written permission.

    • Quoting Ole Madsen (

      “When you buy into an HOA, you’re essentially pledging all your personal assets to a group of partners, most of whom you’ve never met. Your assets become the de facto assets of a non-profit corporation which is potentially subject to liability lawsuits, damage from natural disasters, poor workmanship by developers, frivolous legal actions by overreaching board members, embezzlement by board officers and management companies. That’s a crazy kind of partnership, but it’s one that tens of millions of Americans have blindly accepted. And it’s one where HOA law firms are bathing in the mythical pot-of-gold.”

  298. Our HOA wants to amend the deed restrictions. Currently they are written so they can be changed very 10 years. The next date for changes is October 2018. The board states that with the new (2011) legislative changes that as long as 67% of the members agree to change them we can change them almost immediately and don’t have to wait until 2018. Is that correct?

    • The following part of 209.0041 applies to your question.


      (e) This section applies to a dedicatory instrument regardless of the date on which the dedicatory instrument was created.

      (f) This section supersedes any contrary requirement in a dedicatory instrument.

      (g) To the extent of any conflict with another provision of this title, this section prevails.

      (h) Except as provided by this subsection, a declaration may be amended only by a vote of 67 percent of the total votes allocated to property owners in the property owners’ association, in addition to any governmental approval required by law. If the declaration contains a lower percentage, the percentage in the declaration controls.

      (i) A bylaw may not be amended to conflict with the declaration.

      Added by Acts 2011, 82nd Leg., R.S., Ch. 1217 (S.B. 472), Sec. 2, eff. September 1, 2011.

      I am not an attorney, but one attorney stated that he had never seen that provision in deed restrictions, so had some uncertainty about exactly what is said. However, the new statute does allow amendments.

  299. Can an HOA charge a fee for a hearing? And then if the fine is imposed convert it to a special assessment? At least one HOA is doing this and it seems no one knows better to challenge it.

  300. Can an HOA raise dues to cover the cost of mismanaged funds? Our HOA has gone over budget in a big way and now are expecting to raise our dues to cover their clerical error.

    • Advice fron one attorney: The short answer is that “it depends.” Typically the deed restrictions determine whether there are any limits to increasing regular assessments, or imposing special assessments.

      • I am paid up having no association violations. I feel the Board members have far too much power, constantly changing the rule. Furthermore it seems certain residents are picked on while others are not.
        Can an Association be terminated?

  301. I am the widow of a decorated Marine Corps Vietnam Veteran.

    I relocated to this subdivision–after 9 months of carefully researching deed restrictions and (finally) finding an HOA–with rules I could accept and live by.

    They instituted a rule against the use of guns (in the neighborhood) with no qualifying language–less than a year–after I paid cash for my property and moved-in. I spoke-out against this rule and informed my neighbors of the methods in place–by which we could force them to change the language in the deed restrictions. You see–there is (also) a rule–stating that anyone who violates–or attempts to violate–(any rule) will be prosecuted and billed for all incurred charges.

    My neighbors were afraid to stand w/ me (on this issue) and I found out why.

    I had to file a criminal trespass and property damage report–with my local Sheriff’s office–against the HOA Vice-president–who I (personally) caught reaching over my fence to untether my dog. I (likewise) informed the HOA President–by certified mail–and installed security cameras and additional lighting. She abruptly moved-out of the neighborhood and they have–since–promoted him to the position of President.

    I have placed my property on the market and they have blacklisted it. The only offers I have received–have come from local Realtors–way below FMV–and (now) they are allowing my neighbors to construct partial fences (out of mismatched materials and to neglect their backyards) which is driving prospective buyers away.

    My dues have been paid (in full–and on time) every year and there are no liens–or judgements–against my property–which is completely up to code and standards.

    They are attempting to steal–what my husband provided me and strip me of my Constitutional right to protect myself and my own. This right my Husband fought to defend–in his service to this Great Country. I do not recognize their right to do so.

    I would like to know–if other law abiding, Texas Homeowner’s have faced similar situations?

  302. We were assesed $500 for a new road in our rv park. 9 homes in the park got no improvements at all.
    We feel like we were lied to and wonder if an adjustment or refund is possible.

  303. This HOA hasn’t done anything in 6 years. The building is unpainted and weeds are growing. The club house has been closed for years and the pool is full of garbage. I stopped paying my dues because of this and now it’s worse. I’m trying to sell my condo but because of its appearance and loitering around the complex most people won’t even come to the unit. What can I do? They have over 50,000 in bank and we’ve gotten a new management company but after 4 months they have yet to do anything.

  304. Our board has two members who are not registered as owners according to the county taxing authority. Can the spouse of an owner serve on the HOA board, even though they are not considered an owner?

  305. When I was buying my new home I was told it had an HOA. I also found out that we have a levy tax that they can raise yearly and there is no cap on it. The HOA can raise taxes for a park and recreation with out informing us or even putting it to a vote. They said that it is called a free vote. I did not buy a home so I can be paying extra taxes when ever they feel free to implement them. I want to know what are our rights as home owners. It seems as though Texas has forgotten about its people and the right to own a home in peace. Also, the meetings are held at 10:30 am even though their web site states that the meetings are at 6pm. If you have a job to go to, no one can attend these meetings. I have spoken to quite a few neighbors and no one has been able to attend a meeting. How unfair!

  306. We are trying to oust our non active HOA president who is the only contact and person that handles HOA money, deals with management company and decides who the management company goes after. Upon being told that some owners are organizing, the owner of the management company ( who is also the hired atty- allegedly) has filed liens and is now threatening foreclosure. I don’t even think he can double dip as it should be a conflict of interest.

  307. Ever since we moved into our condo we have been targeted by another owner and it is escalating into a night mare. The management company is protecting the other owner and we need help. There is more to the story but where do we turn?

  308. I just sold my condo 3 months ago. I was President of the HOA for 7 years through multiple elections. While I have received a couple of innocuos emails from the existing board members, the management company which I attempted to replace twice has been threatening me regarding receipts for expenses they can no longer locate.
    I have resent the original emails from up to 3 years ago with receipts attached. Three weeks later they came back looking for a new one. I am so angry I am ready to hire an attorney. Is there any effective alternative solution that will not cost me the expense of an attorney? The existing board is very green and I do not think they will ever stand up to this management company.

    After 7 years of voluntary service, I felt very proud of the state of the property (both structurally and financially) when I handed over the reins. I just want this to end!

  309. Some years ago I reported my HOA for ordering our onsite maintenance man to litter in our local watershed. Ever since then we’ve been having problems getting equal treatment and have even been targeted by older and much wealthier home owners. We believe they are using the leverage of the association to deny us basic services that our monthly fees help pay for. Is there any official source I can complain to other than the better business bureau or local ombudsmen?

  310. Aren’t there state laws limiting the amount of increase in annual dues per year an HOA can impose? My HOA increased their dues from $22 quarterly 2014 to $100 quarterly in 2015. That seems rather excessive to me. The only reason provided for the increase was that there are several residents in the subdivision that do not pay their dues and repairs still need to be made. The burden falls on the homeowners who pay their dues regularly.

  311. Because of personal vendettas no one would take the HOA presidency because of all the lawsuits. Eventually, someone took the position.
    A Real Estate Lawyer in the HOA has filed suit against neighbors and the association for approving things such as a fence. We tried to dismantle the association but this “particular Real Estate Lawyer” manages to manipulate and throw legislation around during the votes to instill fear into residents. Even though we had over 50% of the votes to dismantle it, it was not valid. Two weeks after the meeting (to dismantle the HOA) I received a letter from the association requesting more money “additional assessment” requesting an additional $250 (Even though I have paid my dues for 2014).
    The description of the fees states the following: “Enclosed you will find an invoice for $250 per lot owned. This is an additional assessment in compliance with section 8.2 of the Restrictions to cover reasonable and necessary expenses incurred to administer and enforce the Restrictions, including defending the association in ongoing legal matters and to do other things considered to be for the general benefit of the owners and community.
    Part of this assessment is being levied in order to bring the Association into compliance with Section 6.1 of the CCRs and purchase D&O insurance, if still available and/or to build a reserve for legal expenses for issues that may arise in the future if insurance is not available”
    The current President wants to dismantle the HOA but this person that continues to sue has made our HOA uninsurable and we the homeowners have inherited that debt due to frivolous lawsuits. Our HOA is broke. What can we do end it ASAP?
    The person that continues to sue the HOA loses nothing because this is their field (Conflict of Interest) and just racks up the fees. This is manipulation and this person is encouraging other neighbors to sue the HOA. I’m not sure what the strategy is here but we have no pool, no park, nothing just a sign that has the name of our neighborhood.

    • The strategy is to collect money. Very profitable! Some win. Some lose. The homeowners lose.

      • How can we make a particular homeowner quit suing the HOA? The money that is being collected is to fight this person that is his trade (Real Estate Lawyer). Doesn’t this fall under Vexatious Litigation? We are talking five suits that have been lost by this person in court here? Surely there is some validity to this?

  312. We are a small development of less than 250 homes. During our recent vote for president, a candidate (a realtor) brought his votes with him. He then caused his new board to pass an amendment increasing the number of board members from 4 to 9. I was unable to attend this meeting but I believe this act was cronyism. We’ve been here for over 18 years without need of a board increase. They have already sent out letters of lawn violations to people during a drought. We have no significant common areas other than two entrances. He has already posted a long message on a neighborhood web-sight saying he will approach his new position the same way he does his real estate transactions. He calls his takeover a “prodigious undertaking”. Is it a conflict of interest at this point? Is there anything I can do to protest this?

  313. Our new HOA president and secretary opened the secret ballots prior to our meeting.They counted the ballots(?????????) then presented the number to the rest of the Board. When we asked to see the ballots, they repeatedly refused. The old Board and Management Co. are starting a LAW SUIT against us. We do not know what to do. If the ballots are compromised, we have no knowledge.

    Where can we get help?

    • Evan McKennzie recently commented:
      What this massive fraud (in Las Vegas) reveals is how vulnerable HOAs and condo associations are to being taken over or manipulated into becoming ATMs for fraudsters.
      It makes no sense to put untrained, uncompensated, and often unqualified volunteers in charge of billions of dollars, based on a bogus ideology of privatism.

    • Typical! My board is threatening a suit against me. Why? Because I’ve asked too many times to review the docs the state statutes say I’m entitled to review. They’ve spent thousands keeping docs away from me. The last three Amended CC&Rs were never recorded. That means that the last valid recorded CC&Rs date to 1996. Are the CC&Rs enforced? Sure they are. SELECTIVELY! Do the ByLaws mean anything. NO!

      Keep making noise. Anyone writing on a site like this is trying to get positive changes made to a private government that is lopsided in favor of attorneys, management companies, and HOA boards. There’s no support for the homeowner.

  314. As a Realtor I am to post the fees associated with the costs of HOA dues, transfer fees, resale certificates,etc. It wasn’t long before this management company figured out Resale Certificates were a great source of income and added a fee called a “Statement of Account” if a full resale packet was not ordered. Annoying but legal. But the worst happened today, when they would not even disclose to the owner or to me as a Realtor the set up in their system what the costs of those fees were so we could post them on our Multiple Listing Site (MLS). Who pays is negotiable and buyers have a right to know what the costs are. I finally was able to find out but not without a fight. It seems to me it ought to be public knowledge and easily accessible.

  315. In theory taking back your HOA information should work. Reality: the way the system is set up right now this does not work. We have tried many of these suggestions to no avail and have been fighting our HOA with their own documents for over 5 years now. We have many stories about how they..change ballots.. taped opened and resealed. They don’t abide by the IRS ruling that allows the votes of residents to return money to the owners when profit is made. They have not had a quorum at any annual meeting from inception till 2010. They passed a golf course via survey and not actual votes that loses $90,000 annually. The list goes on.

    • Incredible! How can something so destructive of family life and of the American system of governance continue to dominate American housing? MARKETING! Chant the lie over and over: HOAs protect property values. THEY DON’T! Promise Utopia but hide the reality. Deny every plea for full disclosure – for openness. In 2004, two realtors were discussing on an industry blog how to ensure a buyer knew “what he was getting into” and concluded “…if ALL the potential pitfalls are enumerated, no one in his right mind would purchase.”
      Homeowners: Contact your legislators. The HOA laws must be changed. Homeowners must demand Open Meetings & Open Records- Government Codes 551 & 552. Homeowners must demand independent Government oversight.

  316. My HOA is not enforcing all of the residents to pay their HOA dues. Isn’t this unfair to those of us who are? Also, I have made numerous complaints to the HOA about an excessive number of dogs in the home next to mine. These dogs (now 4 in #) are extremely aggressive and attack and scratch the fence that is between the houses (which is my property too). The HOA has told me that they have sent a letter to the home and there is nothing more they can do. I know for a fact that according to our CC&R’s they have the ability to go as far as removing these animals for being aggressive, destructive, a nuisance, and for exceeding the allowed number (2). Who can I report the HOA to for not enforcing the Deed Restrictions and for not making everyone pull their weight by paying HOA dues?

    • As we have often stated, the legislature gave all powers to HOA boards but failed to establish an oversight agency. If City ordinances prohibit such conditions, you might seek help there. Texas homeowners must contact their legislators and state the need for an oversight agency. The voice of the People must be heard.

  317. My HOA took a non-used piece of our common area and changed its use or really non use without the consent of the owners. The HOA BOARD took it on themselves to take a beautiful grass meadow and turned it into a park complete with a play ground, picnic benches, and a walking path. The HOA Board did not ask any of the homes that surround the newly created park if they wanted the park to go there.

    HOA board claims that they did not have to get a vote from the community to change the use of the common area and they have the right to “maintain and improve” the common areas. I argue that the HOA Board is limited to my rights as a member to have the right to oppose such changes as the newly created park adds a burden to the surrounding homes.

    The Board has also mishandled our elections by not following our By-Laws which require a majority vote to be elected and a nominating committee to nominate potential officers. They did not have a nominating committee. The Board expecting dissent arbitrarily expanded the size of the board form 5 to 7 to dilute the vote. The board does not have the authority to change its size.

    Then at the elections the HOA board used Acclamation to elect the board. This would be fine except that I did not vote for three of the four candidates. Which would make Acclamation (unanimous consent), not an option.

    At one time, we had a play ground by our pool, it was destroyed by a hurricane and the prior board voted to replace the damaged play set and place it where it was before the hurricane . The board also limited a budget to $5,000. The new board ignored the prior board and spent $37,000 on the play set and new play ground and did not have that expense for the playground in the income and expense sheet. When the board purchased the play ground they did it in a closed meeting and then told the community that it was an emergency because they could save $19,000 on the play set so they had to act quickly.
    In Texas, we have an open meeting policy and all meetings of HOA Board should be opened to members. Later, the same board signed a contract to convey a part of our common area to a gas company in exchange for $32,000, this required a 2/3 approval from the community. When the HOA members contested the conveyance, a board had a vote and it did not pass.

    At the same time, the HOA board tried to convey more land to the CIty to build a hike and bike path thru the same common area that they have placed the play ground and walking path.

    The HOA Board had on its agenda to vote for the conveyance by a majority vote of board and not the community. When the community called foul, they had a vote. That vote failed and they are still conspiring to figure out a way to convey the land to the city.

    The board is abusive to the members at the meetings, At one meeting the VP was so out of control that the President had to adjourn the meeting.

    What can I do?

    • You might find this paper helpful.

      Homeowners must learn that apathy is destructive. To protect themselves and their rights they must unite – they must act – both within their own HOA and on the state level. The laws must be changed and homeowners must keep after their legislators to right the wrongs that have been done. Join with the HOA Reform Coalition.

  318. I recently bought a house in Texas and rebuilt the fence with multiple kick boards to help offset a big slope in my backyard. The ACC Committee says I have to get it down to 1 kick board. Only 4 of 8 members heard my hearing in person. They broke their own rules and didn’t achieve a 2/3 quorum per the declarations and bylaws. They also had the hearing more than 30 days after my appeal which also broke the declaration and bylaws they established. Do I have any recourse?

  319. Has there ever been a successful lawsuit against an HOA BOD’s? I have been asking to review the HOA docs for well over 6 months. My attorney has written two letters asking for them. Their attorney doesn’t even respond, and I can’t get access to docs I’m legally entitled to see. My next step “I think” is to sue the BODs for willful misconduct. I am waiting to hear from my attorney, but thought I’d throw this up on this website. My HOA website has the State Statutes posted. Every one of them they have violated. In 8 yrs there hasn’t been an audit and I think it’s overdue. The Board selects what CC&Rs they care to follow, and are selective in enforcing them. I’ve involved state Legislators and they can’t get the BODs to budge either. I do not expect to find any funds have been embezzled; what I do expect to find is some level of voter fraud and intentionally misleading HOA certs. My Board does not care to be transparent.

    • This website alone is evidence of Texas’ need for an independent agency to oversee HOAs to end the injustice and abuse of homeowners. HOAs should be subject to Open Meetings and Open Records according to Government Codes 551 and 552. Fraud and embezzlement are daily reported across the nation. Many homeowners in Texas suspect their HOAs of such, but have no access to financial records.

  320. My neighbor had a gate installed on his driveway. I decided to follow his lead. I submitted my application and was denied for the reason: I needed to get into compliance with the city. I responded, “I was not aware the Texas Legislature had given HOA’s permission to enforce city code, ordinances or laws.” I then constructed my gate with wheels so that it is not a permanent structure but rather a temporary screening wall. HOA is suing me now.

  321. I’ve been trying to find out about Texas HOA Fee policy. They tried to keep people from voting if they’re not current on assessments but new law says they can’t do that anymore.

  322. How can I find out if HOA Committees in Texas are subject to Open Meetings — or is this requirement just for HOA Boards?

  323. I live in Texas and I was wondering if our HOA dues can go up more than 200% ? We were paying $120 dollars and now the board members are wanting to raise it to $ 400 dollars with a special assesment to be added later this year to fix a retention pond (possibly 200 dollars)
    It does not state in our BYLAWS or restrictions on how much of a percentage our dues can be raised. Is there a Texas law that can help out our association on this ?

    • Section 209.0051 listed issues that a board could not consider or vote on without prior notice to owners. Increases in assessments and special assessments were listed.

  324. The Board of directors for the HOA are returning my checks each month for the monthly dues and are charging me late fees at 10% interest along with the months not paid and currently they are saying I owed over $3.000.00. Can I bring a discrimination lawsuit against the Board of Directors for the HOA????

  325. We’ve had no meetings, no financial reports in years in our subdivision in Fla, how can we go about dissolving the HOA?

  326. By laws state my HOA can enter to maintain, repair, and maybe even to ensure my unit (above another) is not going to leak, or collapse onto the unit below.
    The problem is, I can tell when they’ve entered. Something is out of place. Food is missing.
    I resent this and asked the association president (in a voice message) if they can make an appointment when they come. She hasn’t answered and I just wondered what my rights are for when she does call. I couldn’t find a similar situation addressed anywhere after a short search on the internet.

  327. Our area was in foreclosure twice and picked up a third developer via the FDIC; (the bank foreclosed on the property and then the Bank was closed by the FDIC ). The area has 4 streams that flow to the Gulf. Unfortunately, all three developers platted between the tributaries and left the streams as tracts with no final Master Plat filed. One stream was made into two retention ponds. They remain Unplatted. According to our CCR’s, and the City, tracts cannot be part of the common area. In fact, we have no common area, as the electrical/telephone etc. encroached on Owners’ lots with an easement signed by the City. The brick fences were placed 10’ft into the owners property to borrow the easement from the owners to get electrical to the Unplatted pond area., but repair and maintenance was assigned to the whole association.
    Multiple problems and questions.

    • We must hope that the 2015 legislature will provide government oversight of HOAs to help homeowners who have been neglected for almost two decades. It must be an independent group with no connection to the CAI/HOA industry.

  328. When we moved into our community it had a pool. After a year or two, money was missing from the HOA and the pool eventually closed. I don’t know what happened to the money but the pool is still closed and our dues have actually gone up. Any advice on this situation would be appreciated.

    • Fraud and embezzlement cases are constant. HOAs should be subject to Open Meetings and Open Records per Government Codes 551 and 552, and subject to government oversight to protect homeowners.

  329. My HOA refuses to meet…it’s been 2 months , now going into our third since the board and property management have met. At the last meeting the board and property manager got called out in mismanagement. They left the meeting very angry and haven’t met since. Is there anything we the home owners can do to force a meeting…or have our own?

  330. Our HOA assessed us a $50 fine for not submitting architectural plans for a pergola built before we bought the home. The HOA refused to remove assessment and will increase assessment. I am being bullied with the HOA’s ability to increase the fine. Can I sue?

  331. In my HOA, the past president of the HOA quit his position. He then started an HOA management company. Shortly thereafter, our HOA Board hired his management company to be responsible for our HOA. He is the one who makes the rounds and writes and sends violation letters. He still lives in our development and now makes money off it. He also can obviously pick and choose who gets the violations. Its a great buddy system. Is this legal, or just unethical business? This has been going on for a while and no one has been willing to fight the board.

  332. Can relatives from different households be on the same board or is that a conflict of interest?

  333. Can an HOA come on your posted no trespassing property and tear down a building legally?

  334. We just sold property in Texas just after we paid the upcoming property owners assn dues for 2014-2015. When we asked for the POA to refund our dues and fees, they said it was a matter between the new owners and us. I don’t believe that could possibly be true since the POA has our money…right?

    • Advice that I have received is that such matters are often adjusted at closing for the sale. Refund would not be expected from the HOA.

  335. I am so unhappy in my Community that I am selling a beautiful home in a beautiful park like setting to get away from the neighbors who are both on the board and ACC which is part of our board

    I think every HOA should have a buy out option to allow everyone to choose whether they want to belong to the HOA. It could be renewed annually.

    I am in two HOAs right now as a result of owning multiple properties. Both are operated by corrupt people. It’s true absolute power corrupts absolutely!

  336. I was not able to submit a message on our HOA message board. I sent an email to the board member responsible for the message board, and got the response all my emails will be under review, and I am placed in a “moderated” status.

    I have posted subjects critical of the HOA board and our management company. These have been deleted from the message board.

    When a person creates a message on the board, and presses send, it is immediately posted on the board. My messages take one or two days to appear on the message board, and only those that are non political.

    Is there anything I can do about it?

    PS: Will I not be allowed at future HOA open meetings?

    • Here is another example of HOA control – and the need for independent governmental oversight. Homeowners should not have to incur the expense of hiring an attorney when denied their rights.

  337. My HOA is using an attorney(?) to write threatening letters that are not based on our by-laws or on Florida statutes. These frivolous lawsuits serve no purpose other than to harass homeowners and possibly get the owners to pay because they fear the board may obtain a lien on their property.


  338. Can my homeowners’ association spend our money on state lands maintenance?

  339. If an HOA holds its annual meeting with a quorum, and now indicates that not enough votes/proxies were submitted to pass the Covenant’s new amendment, what is the percentage of households that have to vote? If they did not get enough households, does this constitute a disapproval of the proposed amendment?

  340. How often do you have to have an HOA meeting ? I have lived here for 14 years and have never had a meeting . I pay 240 dollars a year.

    • See:

      Sec. 209.014. MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING. (a) Notwithstanding any provision in a dedicatory instrument, a board of a property owners’ association shall call an annual meeting of the members of the association.

      (b) If a board of a property owners’ association does not call an annual meeting of the association members, an owner may demand that a meeting of the association members be called not later than the 30th day after the date of the owner’s demand. The owner’s demand must be made in writing and sent by certified mail, return receipt requested, to the registered agent of the property owners’ association and to the association at the address for the association according to the most recently filed management certificate. A copy of the notice must be sent to each property owner who is a member of the association.

      (c) If the board does not call a meeting of the members of the property owners’ association on or before the 30th day after the date of a demand under Subsection (b), three or more owners may form an election committee. The election committee shall file written notice of the committee’s formation with the county clerk of each county in which the subdivision is located.
      (Read more on link)

  341. I am in the process of following through with a suit against my HOA, for not following the CC&Rs as well as the ByLaws. I’ve spent 2 yrs asking questions to which I’ve received no answer. The little I’ve learned leaves me alarmed. I have to follow the contract I signed with them, but apparently they do not, and I want that corrected to maintain my property values. All that said, I want others to know that living in an HOA where others have control is not healthy and my suggestion for anyone who reads this is to find a home community with as few amenities as possible or preferably to live free and independent outside an HOA. They’re very seductive until you have a problem. It’s not easy or financially feasible to have to pick up and move nor is it easy to switch out the Board and get on the team. Live free.

  342. We live in a neighborhood with an HOA but our house is grandfathered out. The HOA continues to send us renewal notices and violation letters. We call them everytime to remind them we are not part of the HOA. Is there a way to get them to stop harassing us?

  343. Are there any HOA legislators or lobbyists we can reach out to?
    Today the manager of the HOA (who is not a homeowner) told a homeowner that it would not matter if she got 50% of the home owners to vote because the property manager still would not let the homeowner on her board. WHAT GIVES HER THAT RIGHT?

  344. Please tell me how to find out if it is the homeowner’s responsibility to maintain fence that was constructed by the developers of a subdivision, and previously maintained by the HOA. This fence is the length of a major street and serves as the border line of the northern section of the subdivision. The fence is not connected but it is directly aligned next to a stone column that is located at the entrance of a section of the subdivision. There are new people in the office now and they are sending letters to the homeowners demanding that we repair the fence.

  345. The activity on this forum has prompted me to contact my state representatives, senators, etc. Here is the email I sent:
    I am an angry homeowner who lives and abides by HOA regulations. I keep a beautiful home but yet am harassed by an intrusive HOA. The reforms that were passed last year have done NOTHING to protect homeowners from micro managing HOA’s that are operated by people who have nothing better to do than to nit pick their neighbors.

    If you check out the website on the complaint section you will see multiple complaints on a daily basis from HOA members who are being harassed and abused by their HOA’s.

    I implore you to put a stop to the fascist tenor that HOA’s have become in this state. We are suffering from too much government on every level. Please help us to have quiet enjoyment of our homes by limiting HOA’s. Pride of ownership should suffice with living within a community. Make HOA’s voluntary.

    It is becoming impossible to own property without mandatory HOA membership. What happened to freedom to choose? Please help homeowners who are being harassed to the point we can’t enjoy our homes any longer and it’s putting neighbors at war with each other.

  346. Where can a unit owner put a complaint against the Board if we know that Board members are not paying monthly assessments? The Property Manager is aware but lets it go. We also think they are doing other illegal activities. Who can we get to audit the books?

    • There is absolute need for an oversight government agency for HOA problems. This agency must have no connections to the HOA industry.

  347. Are there laws stating that homeowners associations have a certain timeframe to respond to a request such as a pool being put in? Are new homeowners required to get a copy of the association’s bylaws and statutes when purchasing a home?

    • Texas Property Code:
      Sec. 207.003. DELIVERY OF SUBDIVISION INFORMATION TO OWNER. (a) Not later than the 10th business day after the date a written request for subdivision information is received from an owner or the owner’s agent, a purchaser of property in a subdivision or the purchaser’s agent, or a title insurance company or its agent acting on behalf of the owner or purchaser and the evidence of the requestor’s authority to order a resale certificate under Subsection (a-1) is received and verified, the property owners’ association shall deliver to the owner or the owner’s agent, the purchaser or the purchaser’s agent, or the title insurance company or its agent:

      (1) a current copy of the restrictions applying to the subdivision;

      (2) a current copy of the bylaws and rules of the property owners’ association;

  348. The HOA at my condominium complex has $5000 in reserves and the assessment has risen from $155 to an astounding $287 in 6 years. None of the units have been painted in over a decade; no new roofs in 15; and only power of street lights, water, grass cut, trash, sewer, and a disgusting joke of a pool for 3 months a year. The last year there were over $500,000 of dues collected and the property is NOT that big. My house is on the market and for three months no board members or members of the property management company will provide documentation of appropriation of funds for my real estate agent. I don’t know what to do and my home is beautiful because I painted and landscaped myself. Even after that people can’t justify my dues. What should I do?

  349. Our HOA has deliberately scheduled the annual meeting at 2 in the afternoon. It is going to be downtown 20 miles away from the subdivision in a different city. This will make it where most of the homeowners cannot go. Can anything be done?

  350. Our HOA in the community I live in Plano, TX is in chaos. We just had a questionable election and the Management company has not given us the final vote count or will allow us to review the proxies. Not only that, but the Management company will not allow us to look at our finances to show us transaction history or balances. What can we do?

  351. Our property management group in Dallas keeps billing homeowners for extra fees $1,200 and $800. No legitimate reason.
    They are now billing all homeowners for a major office fire. $800.
    Should be insurance paid.
    Is there a board in Austin who we can complain to? Who are they accountable to?

  352. Is a BOD legally seated if there is no election as a quorum could not be established? Essentially, our Board is self-appointed.

  353. Every board member (except the treasurer) of my HOA voted “yes” to purchase a bench for our pool area. The treasurer is refusing to purchase it even though we have $25,000.00 set aside for pool projects. The bench costs $800.00. What can I do? Our president asked him to make arrangements with me to purchase it, but when he said, “No” our president backed down and will not stand up to him. I have documentation (all the yes votes were emailed) that we have an overwhelming majority FOR the new park bench.

  354. Tired of 1 person controlling the board.

    • According to a recent CAI paper, you are enjoying one of the “…private governing boards composed of homeowners who are elected by their neighbors to lead their associations.”

  355. Can some real, experienced attorneys in fort worth, TX and also other areas, who are not builder-title company-HOA associates, post their contact information. This will help for the concerned home owners to file lawsuit to get written the survey correctly with correct property acre size given in the builders advertisement. Fot first time buyers, it is impossible to get written a property with property correct acre size by the current system. All the home land will go in the name of easement in one or other way, if the home buyer is a first time home buyer.

    • I am having issues with my HOA regarding a drainage easement that runs between my property and my next door neighbor’s who also happens to be the HOA president. He has used the HOA attorney to represent him in harassing us with letters to cease and desist on trying to stop water velocity from washing away our lot! He refuses to allow the board approved repair plan to proceed because he doesn’t want the easement to be on his property as it was originally platted. We are paralyzed by his resistance to do anything other than to keep us from trying to keep our property intact. Instead of talking to us as a neighbor, he just went straight for the legal approach (he is an attorney too). At the very least I think it is misappropriation of HOA resources or conflict of interest. Our board is not responding to ANY communication from us; no calls returned, answered or email replies. We love our home but HATE what this has done for our quiet enjoyment of our home. They oppose my husband hauling rocks from a nearby creek to support our retaining wall. It would be a simple solution to just allow the $5k plan to proceed that was proposed by a civil engineering company.

      I would love to have legal resources available here that are NOT representatives of HOAs but have experience in how to overcome adversity caused by the HOA that is “non profit” and self managed. I live in the Denton area.

      Additionally the HOA has postponed the general membership meeting that is required by the by laws to be held twice a year in Oct and March. We agreed to a postponement to April and still no HOA meeting.

      • Total power with no accountability was the legislature’s gift to HOAs. Homeowners must unite and exert the Power of the People. Demand an oversight agency independent of all HOA influence to provide justice to homeowners. Contact your state senator and state representative to demand this agency.

  356. When we purchased our home, we were informed it was part of an HOA, but neither our agent or the title company could verify who the management was. We closed on the house and never received any info about the HOA and even asked neighbors whom to contact. Nobody knew whom to contact. After the first year we received a past due letter for $300 with no contact information other than a PO box. We researched and finally found the phone number and address of the management company. We made a partial payment, explaining that we had never been notified what the dues were, never received deed restrictions or anything. They never came forth with any documentation, other than a month later sent a notice for payment due and $50 late fees. We made the payment, less the $50 late fee and the management company emailed the board to see if they would agree to drop the late fees. That was 5 months ago and we never received a reply. We did receive a statement that the board had voted to increase the fees to $350 annually now. For reference there are about 42 homes in our community. I think the fees are outrageous and feel kind of cheated and unwelcome in the community. Any suggestions on where to go from here, or are we just stuck?

  357. I have an issue with my HOA in Dallas, Texas, not fixing a slab water leak. According to the bylaws, the HOA is responsible for fixing the problem. Now, 5 months later, they still haven’t done anything except send out a mold company which stated I now have mold problems. I need help. I am paying dues but can’t rent, sell, or do anything with the empty property.

  358. I have been cited with a violation not included in the Documents by the corporation of my Florida deed restricted community–for not trimming my bushes and trees that overgrow my property line into my neighbors property. What recourse do I have?

  359. Can a townhouse/condominium HOA keep investors from purchasing a unit or units for rental?

  360. I just moved into a new home and I wanted to extend my fence on the sides. I am on a corner lot and there is new construction all around. I have my sister and mother(disabled) living with me and wanted to protect them while I am at work. I was advised during the construction of the house to wait to extend the fence as it would probably be cheaper.I had checked with other fence companies for estimates and realized the company the builder uses is cheaper, so I signed a contract with them. They came and put up the post and immediately I got a call from the HOA attorney telling me to stop or a lawsuitwould take place. I told him the extensions have been done with other neighbors in the neighborhood. But he insisted I put in for an approval from the board. I went immediately to the HOA office and put in a request. I told the community manager that there were several owners in my area that had moved their fences up. She kept saying she didn’t know of others. I told her that an aerial view of the subdivision shows all whose fences are extended. The board gave me only permission to put the fence on the street side but not the interior side. I have windows on both sides that I am trying to block easy access to. Will getting an attorney be the only way to fight this if a lot of the people in the subdivision have fences extended?. Is this discrimination?

  361. I need help. My HOA has not contacted me in more than 3 years. They have not returned my attempts to contact them, though the manager will deny this. There was a secret BOD meeting and where she was elected her to the board. Now I am being sued (I found out by being served). I don’t mind paying back fees but I do not want to pay fines because they have not contacted me. Also, there are many things listed in the deed they are not doing/enforcing. They went 2 years without having a meeting. They elected the manager (who gets paid) the owner of the lawn company (who gets paid) and a lawyer (who gets paid) to the board. Two of these don’t even own property here. There has been a homeowner requesting to be on the board for 3 years and they have flat out told her there were no openings. Any ideas on how I can fight this?

  362. I live in a Texas HOA community. We read the deed restrictions and there is nothing in them that pertains to play structures. We were served with a notice that our play structure violates deed restrictions because we built an improvement to our property without approval. There is no definition of improvement in our deed restrictions and the structure is not considered as such by the county, city, real estate appraiser, IRS or title company. There are many similar play stuctures in the neighborhood which are visible from the street. Ours is not. None of them are in violation nor did they get approval. I have asked. So can they pick and choose what defines an improvement on a per case basis? The only recourse they’ve given us is to request a hearing. Do I need an attorney for the hearing?

  363. Until recently I had never thought any thing about HOAs. I feel that people who chose to live in an area governed by a HOA was a choice and could be a good thing, if run properly. At present I am a member of an HOA that has not had a meeting in at least 4 years. Today I spoke with the named president and was told, ” I have washed my hands of the HOA. You can direct any concerns /questions to the treasurer’s husband”. Now if my understanding of an HOA is correct, the officers of an HOA are elected. If a president steps down, then a meeting should be held to elect a new president. Since there have been no meetings in over 4 years, this has not been done.

    One thing that should be required of any HOA is to be registered with the state. A correct list of all officers of the HOA should be listed. I am unsure how others feel but I know for myself that trying to locate a person responsible for the HOA and being told that person has stopped all duties and handed the position over to someone else is not good order or good government. There needs to be some governmental entity that has regulations in place. Meetings should be required at least annually, and all records should be available to any member when requested. Members of the same household should not serve concurrently. Having a treasurer and a president married does not uphold the integrity of the HOA.
    A governmental office is needed that would oversee all HOAs in the state of Texas. When dues are paid on time and work that should be getting done is not being done, then either an HOA should be abolished or someone needs to be held accountable.

  364. It is hard to know where to start! We are in Dallas. My HOA board has not had a meeting with the owners since November 2012. The management company does not answer calls, and when we go down there the PM is never in. There are 5 owners who live on site and all of them are scared to even walk around the property. There are drug dealers sitting in cars in peoples’ parking spots all day selling drugs. There is trash all over the property and at night, lights are out and it is dark. The building was painted wrong 5 years ago and now the wood is rotting off the building.

    When I bought my unit in Jan 2013 they raised the HOA dues from $250 to $383 a month. Then in April 2013, they added a special fee of 48 dollars a month so they could pay for painting the building. They have not yet done any painting. It is a year now. My value is $70,000 on my unit however no way I could get $35,000 for it because the outside looks so bad with the people sitting in cars selling and smoking drugs.

    There was a fire across the way from us 2 months ago, and they had to bring in security to guard the units and clean things up. The insurance from HOA paid for security, and it was starting to get safer. The owner of the management company has now told the security company they are no longer needed because he thinks it is safe now. Since they have been gone, 2 cars have been broken in to. People are going in to the units where the fire happened, taking stuff with no one to stop them. There are people staying in the units at night.

    There are 5 owners who live onsite that are tired of what is going on, but since the President and the Board own more then half of all the 52 units we can’t do anything.

    Is there anything we can do? or are we going to have to take a loss on our unit when we sell it for $30,000. We prefer not to have to move, but we feel our lives are at risk living here.

  365. Here is my problem. I asked the board president for the name of the architectural committee’s chairman, and he said “no.”

    Using the HOA web site I e-mailed every board member a request for the ACC chairman’s name and the names of the committee members. I included the fact I am entitled to these records per state law as a member of our home owners association.

    No answer from anyone, and, I expect no one will ever reply.

    In addition, two years ago I attended a seminar on the 209 law with a few board members and the presenter stated a HOA does not have to comply with the law because there is no penalty for not complying with the law. Why has the legislature imposed penalties on homeowners and not on boards that violate the law?

    And when will the legislature acknowledge its error and correct this injustice?

  366. Who enforces the texas property code ? The HOA has violated at least four statutes. Who do I report to?

    • The HOA laws were written by the HOA industry to benefit the HOA industry. The legislature, in enacting these laws, has neglected to provide any protection for the homeowner. There is no agency to provide justice. When homeowners are deemed in violation of any law, there are provisions for immediate penalties. When HOA boards, management companies, or attorneys are in violation there are none. The HOA industry has lobbyists constantly working the halls of the Capitol to ensure HOA control. It is time for the “Power of the People” to regain homeowner control.

  367. I heard a rumor, that I hope is true.
    If the HOA or POA has not filed a current Management Certificate with the county Clerks office, the association is not operating legally and in effect they are powerless over us the home owners.
    Please tell me this is true, also when are they required to refile? Are there any other documents that may not have been filed that could be used against them?

    • Sec. 209.004 of the Texas Property Code on Management Certificates should answer most of your questions.

      • No, I don’t understand. It says they should file but doesn’t seem clear what it means if they don’t and what exactly is a management certificate?

      • Sec. 209.004. MANAGEMENT CERTIFICATES. (a) A property owners’ association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent of the association, stating:(1) the name of the subdivision;(2) the name of the association;(3) the recording data for the subdivision;(4) the recording data for the declaration;(5) the name and mailing address of the association;(6) the name and mailing address of the person managing the association or the association’s designated representative; and(7) other information the association considers appropriate.

  368. Can a Board member of our Home Owners Association own our website? The board member claims that she personally owns the rights to the community’s website domain. She refuses to relinquish the “rights” to the members, and is forcing the association to purchase a new domain and to suffer the related costs of creating a new website, after the community had supported the site for over 10 years. She has become disgruntled since she lost her position of President and when it came time to update the website, she refused to allow changes and that is when she told the remaining board that she owned and ran the website and she would not give permission for any changes to be made in the website. The board then was forced to pay for a new website host and the rebuilding of the site. We the members are required to pay for the expenses. Can this board member do this legally and or ethically?

    • One attorney stated:

      Ethically I would say the answer is NO. Legally the answer is more complicated. But, if they already have a new web site, and already have paid, then the only question is whether to sue the former board member. Is that really a good use of time and money?

  369. We were told as I am sure many others have been, that the home we were buying had no HOA . The closing attorney agreed with agent there was none. A few months after moving in neighbors started rumbling and talking and complaining . Long story short we are caught in this now . This was to be our retirement home and our budget did not support HOA dues . We are searching for anyway to get out of this legally or we may be forced to lose our retirement dream home we have worked to get for 45 years.

  370. I’m in a Texas HOA and I was wondering if I’m allowed to have a playset built in my backyard. If so, how do I go about getting permission to do so? First time home owner and I don’t want to start with a conflict with my HOA.

    • Individual HOAs have their own by-laws and other governing documents. Adhere to these and see if there are forms that you must complete before any activity is started.

  371. Our board of directors will not hold regular meetings according to Texas state law.
    They will not deliberate or vote on issues at the regular meetings. The board only tells the decision that has been made at the regular meetings. Decisions are made privately and the board tells members what they decided at the next regular meeting.

  372. I own a home in a Texas HOA. Our meetings have always been open to all who happen to be in the hall when the meeting starts. I received memo in my mailbox titled “General meeting policy”. It states this is a private meeting for members of the association. It welcomes visitors; renters. As a private meeting the board is requestng NO RECORDING of the meeting other than the secretary, who will delete the tape when minutes are written. Members who speak at the meeting have a right not to be recorded. Leave recorders off and out of sight. Also cell phones must be off and out of sight. By directors of association.

    Does this contradict Texas one consent law for recording? Can we record meetings for our own personal use – ( hard of hearing )

  373. If a board member is contesting an election because there are missing votes what is the current state of the board?

    • Texas Property Code 209.0057 (d) should answer this. Further: “Any action taken by the board in the period between the initial election vote tally and the completion of the recount is not affected by any recount.”

  374. My HOA has a committee that is rewriting the covenants which will require a vote of the homeowners. This is a perfect opportunity for the homeowners to fight for protections. Do you have a list of protections that should be included; sort of a homeowners bill of rights?

    • My list to improve my Texas HOA:

      Prohibit deficit spending
      Spend dues receipts only on the items that fall under the stated purpose of the HOA
      Openly communicate the rules and regulations
      Offer alternative dispute resolution for dispute resolution
      Be fair and reasonable about fines
      Prohibit foreclosure that is solely a result of delinquent dues, assessments and fines
      No infringement of owner property rights including quiet enjoyment
      Allow owners to speak without retribution or vilification
      Avoid litigating with the owners, litigation should be a last resort

    • Yes. Here are three links. Two are for Attorney David Kahne’s summary and the full report on the Rights of Homeowners in Associations.

      Click to access Kahne_summary_report.pdf

      Click to access Kahne_research_report.pdf

      Another paper was written many years ago by Tom Adolph.

      Click to access TexasLaw.pdf

  375. I just attended a meeting of our POA. I was hoping to get information about elections.
    I have lived here for almost 8 years and the same people have always been on the board.
    I was told the election would be at the annual meeting, but they did not know when it would be held. I was told there would probably not be any open board positions as they stagger the terms so that only one or two are available at any one election.

    I have never been notified about how to get on the ballot, or what positions are opening up.
    I was advised to send a request in writing or to go to the title company that handled the closing when I bought the house and get all the information from there.

    How could my neighbors and I go about removing these people and getting some representation on the board?

  376. Are there ways to limit HOA expenditures to strictly maintaining the common areas and enforcing covenants? My HOA wants to spend money on social activities. There is no mention of social activities in the covenants.

    • Property Code 204.010 gave all power to HOA Boards. The people must unite to elect board members who truly represent them. The people must unite to elect legislators who will truly represent them and not the lobbyists.

  377. Our HOA Treasurer has served two consecutive three year terms. Is this allowed? (Texas Non Profit HOA)

    • Consult your ByLaws for length of term and number of consecutive terms that can be held.

    • Our Bylaws do not place any term limits on Board members. We have had Board members serving for 15 years in a row. Our Board elects Officers after each Annual Election.

      I also want some form of term limits imposed, but it has to be done in the HOA’s Bylaws or CC&Rs.

  378. Are proxies considered a ballot?

    • Sec. 209.00592. VOTING; QUORUM. (a) The voting rights of an owner may be cast or given:(1) in person or by proxy at a meeting of the property owners’ association;(2) by absentee ballot in accordance with this section;(3) by electronic ballot in accordance with this section; or(4) by any method of representative or delegated voting provided by a dedicatory instrument.

  379. Do proxies that homeowners assign to other homeowners become the property of the HOA and therefore become public information available to other homeowners? Can copies of the proxies be given to another homeowner?

    • According to the Texas 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.(b) A person other than a person described by Subsection (a) may tabulate votes in an association election or vote but may not disclose to any other person how an individual voted.(c) Notwithstanding any other provision of this chapter or any other law, a person other than a person who tabulates votes under Subsection (b), including a person described by Subsection (a), may be given access to the ballots cast in the election or vote only as part of a recount process authorized by law.
      Added by Acts 2011, 82nd Leg., R.S., Ch. 1217, Sec. 3, eff. September 1, 2011.

  380. I bought my condo 3 years ago and my condo fee was $237.00. We were told there was not enough money to do repairs. My fee was then raised to $273.00, and again there was not enough money to do repairs. The fee increased to $306.00 and then to $328.00 and still no work has been done. Now they are asking $10,440. special assesment. None of us know where we are going to get all that money or if the work will be done. There are many questionable factors, e.g. the builder owns the association plus 42 other complexes besides this one.

  381. In order for my HOA board to maintain control after a resignation, they have appointed a non-member to the Board. The appointed board member does not own any property within the subdivision. However she is a friend of the other Board members. Now our Board is looking at a bylaw amendment to change the requirements to be a Board member. Just seems wrong that a person who is not a member of the Association, who doesn’t have a vote per the DCRs is now deciding on what the members are to comply with. How can this be legal for a non-member to be on the Board?

  382. My HOA will not take care of a simple recurring sewage issue until we have been exposed to nasty sewer water bubbling up through the manhole covers in front of our home. Last year it took getting the Health Department and the Mayor’s office involved.
    I lived in a community with a great HOA in Corpus Christi. All self run, no property management company. The board was the best. Any time you had a problem or an issue they were there to serve. WHAT A NOVEL IDEA.

    Fast forward 2 years. We have been here for a year and the annual meetings are a joke, more like elder abuse. The president is all full of herself and the other board members never speak. If you dare ask a question you will be told that you should have let them know ahead of time. Silly YOU!!!! ASK A QUESTION? REALLY????

    I think that HOA’s should be reined in and fast. We need laws or we need to disband them all. Actually, we pay taxes for trash pickup and city services, and we pay again for the HOA to hire private companies to pick up our trash, and no recycling. The more I think about it I do believe declaring HOA’s illegal and disbanding them all is the only way to go.

    • Homeowners must exert the “power of the people” to end this uncontrolled abuse. For too many years the HOA industry has paraded its Board officers “the controllers” at legislative hearings, claiming they represent “the people”. They do not. The people are the tens of thousands of homeowners who are harassed, fined, and targeted by the industry.
      The HOA industry works unceasingly to maintain its income – your money. Join with the Coalition to regain your rights and your income.

    • This is an update. It has been 10 days since my original post. Unfortunately, we had to get the city Health Dept as well as our City Councilwoman involved before the President of the HOA felt compelled to get the plumber out here to clear the sewer lines. She did inform my husband that there is a broken sewer pipe and she is in the process of getting bids for replacing it. This was almost 2 weeks ago. She also promised to let us know what is going on. My husband called her this morning and she seemed to think the problem is fixed. He then called the Health Dept person who was waiting to hear from him and they came out with a city works truck. Now there is a plumber with a big tank sucking out the sewer lines. This is only a bandaid. The problem will continue until that broken pipe is replaced, I feel certain. All I can say is thank goodness this was a public health issue that we could actually get help with. HOA’s have way too much power and should be disbanded.

  383. How many times in a calendar year can the same CCR be amended in Texas?

    • Section 202.006:
      Public Records
      (a) A property owners’ association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.

      A dedicatory instrument has no effect until the instrument is filed in accordance with this section.

      Added by Acts 1999, 76th Leg., ch. 1420, Sec. 2, eff. Sept. 1, 1999.

      There is no reference to frequency.

      • Are condo association policies and procedures that pertain to fines, pets, late fees etc., considered dedicatory instruments that require filing with the county clerk?

  384. We are trying to build in a NC beach community.There hasnt been a house built since the 90′. The covenants are old but we do have a copy. The requirements for the Architectural Committee are short and we were thinking we could comply. Then the committee emailed us a list of 7 items. One is a check for $300.00 for them to hire an architect to review our plans. They pick the architect and we also agree to pay for any additional time spent by him at his regular rate. There is absolutely no mention of this in the covenants. Can they change the requirements?

  385. MY HOA is trying to restrict us from doing short term rental (<30 days) with our home, although other properties are allowed to do short term rentals within our gates and the club hours and operation openly cater to renters. The HOA document (over 650 pages) did not clearly state the restriction. We are phase 1 and after searching for this restriction for hours, we finally found a convoluted reference to it in the phase 4 supplement. It seems discriminatory to allow some properties to rent within our gates and not allow others, especially given the situation. And, the vast majority of home owners do not live here full time. We already have legal obligations from folks who booked our home and invested money to enable it as a short term rental property.

    Selling is not really an option. Our developer went bankrupt and less than 1/3 of the lots in this 2005 subdivision have houses. The closest home is several lots down. More than half the homes in this community have been for sale at some point in the last few years and only a couple were actually sold. One home on our street foreclosed after trying to sell for four years.

    • Our founders fought for our Bill of Rights. Americans now surrender to multi pages of restrictions in their daily HOA life. WHY? What benefits do HOAs provide? Harassment, intimidation, control, and selected enforcement do not produce happiness, peace, and harmony. When will America once again become the land of the free and the home of the brave?

  386. Does Texas Law require that an HOA prepare a Reserve Study covering the major Common Area Assets? If yes, where and how can I find the law.

  387. I too received a notice informing me I needed to stain my garage doors. I had just done so two weeks earlier on my own without prodding. They had the wrong address on the notice as a board member riding around the neighborhood admitted and apologized.
    Management companies of these HOAs seem to have nothing better to do than
    harass others. Bet not one at the management company lives within the neighborhood they oversee? Double standards run rampant in these neighborhoods. I will soon show photographic proof of them.

  388. I just received a notice from my HOA, fining me $150 for having two cars parked in my driveway. The notice is upsetting to me for 2 different reasons: (1) the plates they cited in the letter are for my neighbor’s two cars. Their error tells me that they are an organization with too much power and too little oversight; and (2) it doesn’t sit well with me that they have a right to fine ME for having a car parked in MY driveway.

    It feels like an invasion of my rights and privacy and it seems like some of these rules were disingenuously created — they serve no purpose other than to provide an additional source of revenue for the companies that manage them.

    I understand that I am beholden to their bylaws if I want to live in that neighborhood and that gives them some bizarre quasi-governmental authority, but I don’t agree with the legality of it all. What about my right to the private enjoyment of my personal property?

    Plus, there is no official mention or point in time, prior to closing on a home, where you are given a chance to review the HOA’s bylaws. (BTW, my HOA’s bylaws are SEVERAL HUNDRED pages long.) I would not have purchased a home in this neighborhood had I known I could not park in my driveway, have only 1 row of shrubs, have a wooden fence, have a swingset that is visible from a street (impossible in a hilly neighborhood), put a political sign in my yard, get Dish Network, have Christmas lights up past January 10th, have curtains without white backing, paint my house a color other than a specific Sherwin Williams colors, etc. It’s like I live in Stepford land where all houses are identical and each street should look beautifully vacant with no cars in people’s driveways.

    As long as my actions are not resulting in damaged property, interfering with someone else’s private enjoyment of their property, or impacting the value of my neighbor’s homes, then my behavior should be both socially and legally acceptable. I see HOAs as organizations that people pay to keep the entrances and common areas looking nice and send polite “would you mind not…” letters to people when they do something that negatively impacts another property. When my neighbor blew his leaves into the street instead of bagging them up, I didn’t call the “HOA Police”, I just wrote him a polite, friendly letter explaining that blowing his leaves caused drainage problems and gave him a couple leaf bags as a goodwill gesture. It worked! Whatever happened to civility? We have forgotten how to talk to eachother like human beings — you can’t be a society without socializing.

    • Your letter well describes so much that is wrong in Privatopia, however you state that they have “too much power and too little oversight”. There is no oversight. HOAs have total power and no checks or balances. Please join us at the 2015 legislative session to get laws enacted to restore homeowner protections. The CAI/HOA industry has the lobbying dollars. We have the people – but the people must unite and act.

  389. Florida: Our By Laws state that only full time residents can be on the Board. We just had an election and the President and Secretary are here 6 months out of the year and the Vice President though a full time resident goes up North from June thru September. We have monthly board meetings. There will be times when neither of these 3 will be here especially the President who goes up North from May until October. How can this be enforced? Should we have a new election? They think they can run these meeting via cell phones, they will not be here to see the attending residents. There will be times when none of the three officers will be present. The majority of our resident are elderly and now that the election is over this concern has surfaced. The only two that will be here are the Treasurer and an elderly person who refuses to use a computer which is used in discussions between board members. He also refuses to take the educational certification course. So when voting is done via email he is not an active participant and usually votes the way that the treasurer votes.

    • Jan Bergemann advocates for homeowners in Florida at and
      Jan states: Law disallows restrictions demanding that board members have to be full time residents. And if the board doesn’t have a quorum when some folks are up North in summer, they can’t hold board meetings. Computer knowledgeable or not: They can’t make decisions by e-mail — not here in Florida..

  390. My Texas HOA is sending out official HOA emails using a fake (non-existent) email address for a board member. How do we ensure that HOA’s are required to use REAL email addresses on official HOA emails? Here’s the problem, with more and more SPAM filters becoming more sophisticated, when a fake email is used these email are either automatically deleted or put into someones SPAM folder. No everyone looks at these folders. Texas requires that 72 hour notice be given to all residents via email about Board meetings. When a HOA sends an email using a fake email address, residents who have registered with the HOA may not receive the email.

    What a better excuse for an HOA, yes we sent the emails out….who cares if we (the HOA) used a fake email address to send it out under……if you (resident of the HOA) didn’t get it, it is your own fault….talk to your email provider….not us (the HOA)…..

    So how are HOA’s complying with the law when they knowingly use fake email return addresses in their communications with the residents? The HOA says well we sent it. But residents are not necessarily receiving these emails because the association is knowingly using a fake email address. Why are there not laws requiring that all HOA communication be on an real email account that can be replied to as well as ensuring that emails are not blocked due to SPAM filters knocking out emails from false accounts?

  391. Our HOA of XXX, STATEN ISLAND, NY doesn’t exist, – Only one lady that says she is the treasurer, sends us every year the total amount that we have to pay for that incoming year, without sending us, for at least last six years, any explanation, proof or records of where, when how the money was spent etc… Funny thing, even the increases on the HOA fees for at least two years came from the same lady on a notice page without any signature or even HOA stamp telling us that HOA fees just went up to $400 from $250. No meeting of the people living here was held; nobody knows who decided for that increase etc… I dont know what is going on here. Please help us with any thoughts or suggestions on this issue. Thanks very much

  392. My HOA doesn’t keep accurate records. The company decided to ask homeowners to produce their receipts from the time lived in the home. This is almost 9 nine years of receipts.

  393. I am not in an HOA of Houston and was thinking about moving towards The Woodlands or Spring or Jersey Village to be closer to my husband’s job. After reading all this and hearing other nightmares on the television, I will stay right where I am. I came from an area in Florida that also had no HOA, so I wasn’t really aware of what it is. !!! Sounds like Nazi Germany. WHO GAVE THESE PEOPLE THE RIGHT TO IMPOSE THEIR WAY OF THINKING HOW AND WHAT YOU CAN DO WITH YOUR OWN HOME? I thought you pay city taxes to enforce neighbors to keep up their properties. This is really obscene.

    • The Texas legislature empowered HOA boards by Texas Property Code Section 204.010. Click on the OPINION tab “A Layman’s View of HOA Land”. HOAs have been empowered and are subject to NO oversight. Other states are beginning to establish government agencies to give some protection to homeowners. The time is long overdue for the Texas legislature to protect its citizens. The time is long overdue for the Federal Government to protect its citizens. The single instance of the FBI prosecuting HOA abuse in Nevada is only a beginning.

  394. Do homeowners in Texas have any rights or protection from BODs who “bully” and single out members based on race or because they are “new to the community”? Who regulates BODs and how are they able to get away with so much corruption in Texas?

    • There is no oversight agency for HOAs, but there are organizations and agencies who work to defend against bias and for rights of individuals, e.g. the Texas Civil Rights Project, Texas Rio Grande Legal Aid, the ACLU.

  395. Do Texas HOA members have any help other than having to pay legal counsel to get HOA records, bank accounts,etc? Our former BOD resigned and refused to hand over bank records,etc so the only recourse we are aware of will cost our association money that we currently do not have (our BOD was very “unethical” and corrupt in its handling of our money and records). Who regulates corrupt HOA BODs and how can they be held accountable without having to spend money for legal counsel?

    • Again, the Texas Legislature gave HOAs unchecked power. There is no agency overseeing this abuse. Please contact your state senator and state representative informing them of your problem – but get all of your HOA members to contact them. The power of the people must prevail. Unchecked power of HOA Boards must end.

  396. Our HOA in Virginia is now being administered by a company (instead of just neighbors) and they have just written us up for three violations (in the 10 years prior, we never were written up). Two of the violations are extremely costly to fix (garage doors need to be replaced and the roof needs to be re-shingled). The combined cost is about $10,000 (we are already in new debt because we just replaced the HVAC over the summer after going 3 years w/o A/C and had to take out a 5 year loan to get it. We didn’t know the HOA would suddenly be on us about these other issues). I agree the work they cited needs to be done and I will have to spend our emergency fund to hire contractors to do the work. Question is: Is there any kind of limit to how much an HOA can ask of someone in a 12 month period? What is to keep them from just adding on more and more stuff to replace after these things are done? What happens if we can’t afford all the stuff they want done? We are already trying get by on just one salary since I lost my job and we have still have stuff on the inside of the house that is in more urgent need of repair, like a leaky basement. Is there anyway to get relief from too many costly requests made back to back? If it was still neighbors managing these issues I feel like I could get a break, but when it is a company managing it, I am not sure. Is there an limitations or regulations on what is reasonable for them to ask/expect of someone in our situation?

  397. My wife and I bought a condo on January 1st 2013. Since we have owned, there has not been one single meeting. It is almost one year now and the HOA management company gives me a run around on that they will let me know when a meeting will happen. My 1st question is, how many meetings do there have to be if any at all? When we bought the condo on purchase date the HOA raised the fees from 250 to 380. Then in June they raise our fee to 426 a month. The last rate increase they say was to fix property because they are being fined by the city. We live at XXX Condo in Dallas. I have met the President of the HOA 2 times: 1st time when I bought unit he was onsite because he owns 4 units and rents them out. 2nd time I saw him and asked him about putting up a replacement fence on the back of my deck in April. He said no approval needed; I could just replace it; so I did. Out of the 51 units, 47 are rentals. There are about 6 units that sell drugs in the parking lot, however management company says call the police. It does no good. My wife and I love our unit since we have remodeled most of it inside, however the extra cost for a bad HOA and not knowing what is going on with our money drives us crazy.

    • When you last wrote on October 14, 2013, we mentioned the need for an independent oversight agency for problems such as yours. At this time it is important that you contact your state legislators and the media. Your question about meetings should be contained in the BY-Laws and CC&R’s.

  398. My HOA board president puts himself above the rules. Here in xxx, Texas, under xxx management, my board president has ignored the rules and regulations now for as he admitted three years at least,
    Attempting to squeal on his neighbor when he reported her for building a playhouse for her grandchild, he notified the management company of her starting without permission.
    The architectual committee was notified and went to her home, spoke with her and she was very sorry and accommodated our every request. She complied to the letter and got her construction approved.
    Since they are neighbors, and she openly admitted our board president has not been very friendly to her, we stood in her backyard looking at her playhouse, noticing the next door neighbor’s playhouse/swingset, basketball goal, blacked off fence portion separating yards – aLL without local appropriate approval. The installation of solar windows was done without approval and, and installation of a french drain between houses highly likely was installed without any consultation with ACC or Town of xxx compliance or approval.
    On 4 separate incidents the board president presiding over our HOA, has skirted the rules, yet he expects everyone else to repair or correct their violations within 30 days of receiving a letter or postcard via USPS.
    He is being sequestered before the board soon, and I’ll return with more later if anyone is interested.
    Arrogance, double standards abound here in xxx under xxx management.
    How can a board president expect others to abide by the rules if he avoids them now for as far back as 3 years right up to last August when the solar screens were installed without approval?
    If we are going to have rules, shouldn’t everyone be governed by them? I do not like or support HOA’s, but this, to me, takes the cake.

    • Evan McKenzie in PRIVATOPIA states that HOAs “…exalt the status of rules…above the fabric of the community.” Richard Louv is quoted (in PRIVATOPIA) as saying, “We have a generation in this country that doesn’t know you should be able to paint your house any color you want.”

  399. I bought a condo in Seattle in 2011. The agent told me the the $35,000 assessment had been written off on my unit since it was bank owned. I emailed the property management company before closing to verify this and they said it would say in the “resale document”. It does not say anything in the resale document about a current or approved future assessment. It does not say anything about repairs exceeding the 5% annual budget. Now I am being assessed $39,000. I have known about it for a year and tried to first argue that it was not disclosed in the resale document. The response is that they didn’t know the amount and that I didn’t do my due diligence. When I ask why there was no vote (the declarations say the board has to have 2/3 approval for repair exceeding 5% of the annual budget) the response I get is that they are operating under some kind of emergency clause. That “the attorneys have ordered them to do the work”. Part of the work is urgent but not an emergency. A lot of the work is “upgrades” that can be done later. The board has known about these needed repairs since 2006 and has had plenty of time to budget and build a reserve. I will lose my condo over this. Is there any help I can get?

    • Buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees.

      There have been so many foreclosures in condos that with insufficient income from assessments, maintenance suffered and some condos were condemned as uninhabitable. Owners who had been paying their assessments then suffered. Another problem was caused by investors who purchased the foreclosed properties and then acted in their own interest to the detriment of the owners still there. There were numerous complaints of condos controlled by a very few. By-laws were changed illegally – not with the required percentage of members. There have been many cases of condos demanding special assessments in excess of $30,000.00.

      Other than your consulting an attorney, we do not know what help is available in Seattle.

  400. I purchased a town home with 26 units built in a 120 unit community. The builder pulled out and sold to company who has not maintained the property. Grass was waist deep for weeks on the lots that are not built on and repairs are being given the run around because the association is “broke”. The siding is coming off from my unit and the roof leaks and has missing shingles you can see from the road. The management company for the HOA as been notified at least 3 times and tells you a crew will be out that NEVER comes. Now it has been sold to a corporation that wants to put up dissimilar units for rental purposes. 95 in all. They have 2/3 of the votes for the HOA and have told the owners of existing units “too bad”, but they will allow us to have one member on the board. They have also let it be known that they will have 95 votes as opposed to our 26. They will buy our units at a rate far below retail if we don’t like it. We are all stuck and can not afford to sell at a loss. The pool of buyers will be limited as FHA requires less than 48% lease rate. I live in Texas. What can I do? We believe that they are going to make the rentals section 8.

  401. I live in an HOA located in north Texas. Earlier this year (April), I discovered that the HOA had been involuntarily dissolved by the Secretary of State back in 1994. I brought this to the attention of our Board of Directors, and they are slowly trying to rectify things, after I found them a good HOA Lawyer.

    In addition to this seemingly huge problem on now being an unincorporated Nonprofit HOA, our Board somehow overlooked a package from their former HOA lawyer sent 2 years ago, which informed them of the Property Code changes that went into law in 2011 and 2012. I have also detailed these changes to them and their first response was that I must want to sue them. It is still not off the table as they are dragging their feet, as usual.

    Add to that the Board Secretary finagled things so that he could hire his wife as the replacement office person; it was all a setup that everyone but the board will admit to. In addition, his wife wouldn’t know accounting if it bit her, something that is driving their CPA crazy. And yet, no one will terminate her, even though I have written proof the Board never voted to hire her, in the first place. A lot of it has to do with the fact that all 4 of our Board’s Officers are all buddies and vote together. I hope this all changes at the next elections in early 2014.

    So far, I have had 2 Records Inspections, pursuant to 209.005, and have discovered more problems, conflicts of interest, collusion and duplicity. Had I a pile of money, I would have lawyers all over them, but it would result in the Association footing the bill. I have told them I will be filing Records Inspection Requests on a quarterly basis until such time as they are compliant with state laws.

    If I had the money to move, I would at a minute’s notice. I will never again buy property in any HOA/POA. I am writing to my state reps and senators and demanding that they get some meaningful oversight and penalty legislation voted into law.

    • Demanding that our legislators get meaningful oversight and penalty legislation is the first step. Then get all of your neighbors to unite with you in this demand.

  402. I live in Texas and recently found out that the HOA placed cameras on privately owned town homes. No one knows about these cameras which are apparently installed for “security” reasons. Are they allowed to put these up without any consent or signs on the property?

  403. Is it true that there is a statute of limitations of 4 years for HOA’s and COA’s where if your Texas property association has not taken legal action, filing a lawsuit, then they cannot collect assessments that are 4 years or older and cannot enforce restrictions if the “violation” has been in existence for over 4 years?

    • One attorney’s comment:
      There is no simple answer to this. At one extreme it is simple. If you paint your door green, and it should have been blue, then after 4 years you should be OK. But there is a concept of continuing violation that may, or may not, apply. And there are things associations can do that weaken the four year statute of limitations with respect to assessments.

  404. I recently moved into a community and just found out our homeowner association is run by the developer. There aren’t any of the community residents on the board. Is this legal? Also, can they charge the residents homeowner fees if they are still building in the community? I was under the impression, the developer has to be completely finished building in the community before charging any homeowner fees. How do we find out at what percentage of completion is the community? the developer will not give us any straight answers.

    • HB 2761 – Sec. 209.00591 – (Passed in 2011)

      (c) 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, 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.

  405. In December 2006, amended deed restrictions were put in place. Because the original deed restrictions had no procedure to amend and were to “run with and bind the land for 40 years” with automatic renewal of 10 years unless the then owners voted to annul them, it is our understanding that Chapter 211 of the Texas Property Code would apply. Further, our County has less than 65,000 inhabitants required by Chapter 211.

    The 2006 Amended Deed Restrictions were authored by an individual who was on the Board of Directors and an attorney the rest of the Board knew nothing about. The 2006 Amended Deed Restrictions provide many benefits to the author who included himself as “declarant”, owns approximately 500 lots in the subdivision and pays assessments on only 10 of them. He IS NOT the Developer, nor has he ever been the Developer, but has all the rights and benefits of the Developer, as well as many more.

    A member of the Property Owners Association filed suit to have a declaratory judgment ruling the 2006 amended restrictions invalid. This suit was filed against the author for many injuries to our Association and against the POA for failing to curb his injurious behavior.

    The POA claimed we, as members of the POA have no standing and that we must have been “uniquely” harmed before we could sue the organization. A judge ruled that we have no standing.

    Are we, the individual members of the Property Owners Association, truly at the mercy of a POA that holds us in so little regard?

  406. Yes, the Texas Legislature should place HOA’s under the umbrella and control of a State agency along with laws governing the operations of HOA’s. However, if an HOA is committing criminal acts, homeowners can presently go to the county DA and the local police department to file a criminal complaint about the acceptance of pay offs from contractors in exchange for HOA contract work, embezzlement etc.

    • Not many homeowners have the courage, stamina, or time to navigate the legal system. With no independent State Agency to protect them, homeowners suffer the abuse of harassment, liens, fines, foreclosure, fraud, embezzlement, etc. The HOAs have the power and are not hesitant to use it.

      • The county DA, and the current AG of the state of Texas all refuse to become “involved” in an HOA matter, despite the Texas Constitution specifically stating (under Article 4, Section 22) that the “Attorney General shall take all steps necessary in the courts to insure that no private corporation (HOA in Texas) attempts to collect any species of tax, toll, freight or wharfage unauthorized by law”. A special assessment is a tax. I proved the so called “vote” for this assessment was bogus. I proved the HOA kept ZERO records. And yet, the AG refused to prosecute the actors. The DA of the county has failed to return numerous calls, for a period of four years. Yesterday, they came on my private property and clear cut 32 trees, and simply said “oops, sorry you are “concerned”. I urge everyone to never purchase property which an HOA is even REMOTELY associated with.

  407. I live in a condo in Dallas Tx. We bought the condo in Dec 2012. Since we bought it, there has not been one HOA meeting. All the neighbors tell me that they can not even remember when the last meeting was held. They raised my assessment when I bought the condo from $220 to $383; then in August, they raised it again to $426 a month. I call the management company and they just give the run around on next meeting and never get back to me. The city of Dallas has fined our condo complex since I have been here. The wood siding needs to be replaced; they need to fix landscaping and the list goes on.
    From what I am told, the President of the HOA owns some 5 units and rents them all out and seems to get HOA to pay for the up keep of them. Most of the condos are rented out but about 5 , where owners live in them. I am at wit’s end and have no idea what to do. Basically put, what can I do? Can the state or city do anything about this?

    • The need is urgent for an independent state agency overseeing HOAs. It has been needed since Property Code 204 was passed by our state legislators. When will homeowners unite and demand this independent oversight agency?

    • The only way to get the HOA’s attention and get the legislators to take responsibility is to put the issue on the news and in public print. I have had a run around and fight with my HOA and have turned the story over to my local TV station. The last thing the boards and the HOAs want is to have what they are doing publicized. You will need to have documentation and photographs, printing out emails and keeping a telephone log. The more documents you keep, the better your position sounds. Be factual, support your facts with written proof, be concise and logical when writing or commenting. You can also contact the BBB, the Housing and Urban Development Dept., file claims against the HOA’s insurance carrier. Send letters to the state attorney general and your state senators. If more people being crushed under HOA feudal law, would speak out loudly and clearly, change would occur. I am only one voice, I need help-but I cannot get it, even from my neighbors who are quick to complain to me. One voice sounds like one disgruntled homeowner. But you cannot give up. After all, that is what too many homeowners do.

  408. Everybody in my community pays their HOA dues once a year in September, but now the HOA has voted for an extra fee of $300 to be paid in April to fund the rest of the fence for the community. I get nothing out of the HOA. We have no pool or rec center. The only thing they do is maintain the area in front and side of the community. I really don’t want to pay an extra $300 to them. They claim it is to take advantage of current prices. I believe they take enough money from us to fund it because we get nothing else out of it. Is there any way to fight this?

  409. Can the HOA board refuse to let one homeowner do something and ok other homeowners that have the same requests?


      “Far from fulfilling the fantasy, this privatization of government denies HOA members their basic Constitutional rights. The cry of homeowners is always, “They can’t do this, can they?” The answer is, “Yes, they can, because the CAI industry wrote the laws.” Property Code 204 places HOAs under corporate law – outside of our Constitutional law, and totally empowers HOA boards. All homeowners should read the Texas Property Code – 204.010.”

      Call upon the legislature to establish an agency to oversee HOAs – an agency independent of CAI/HOA influence.

  410. We purchased a home 8 years ago that included a shed in the backyard. In the past year the HOA has begun sending notices that our shed is not in compliance and that we: (1)Have to place it on a slab, change the materials to the same as the house and make sure the shingles are the same or (2) tear it down at our expense. This shed was built by the previous owners long before we bought the house. Now, because we painted the shed for upkeep, they’re demanding we do 1 or 2 or face a fine of $100 and $25 per day until we do something. Why all of a sudden is this shed an issue and why was this not addressed when we first bought the house? This shed was one of the reasons we bought the house and we find this nothing more than extortion and not in full disclosure for our sale.

    • Why is there no government agency to assist homeowners who are faced with such unreasonable demands? Why are boards allowed to harass and fine homeowners? HOA boards should seek the welfare of their neighbors as their goal. HOA boards are not improving the neighborhood when they harass and fine.
      Contact your state representative and your state senator, as well as the news media, advising of this harassment.

  411. What course of action does an owner have if their HOA fails to enforce basic CC&Rs and those failures have been documented repeatedly? Can an HOA still assess an annual dues requirement if they are NOT enforcing policies?

  412. Do HOA’s have the right to raise property association fees by 10%?

  413. My problem is with a neighbor who is feeding ducks which is against the condo and the master association rule. I complained to our Property Manager because the ducks are eating the insulation off my A/C tubing. So I went to the Master Association and they contacted the Property Manager and eventually the condo Board said that they will have the ducks removed and contact the unit owner who is feeding them and have my A/c repaired. Well it is not a day short of their dead line and pretty much nothing has been done. The property manager put a note on a few doors, including the door of the one feeding the ducks advising that the ducks are not to be fed. But that person does not read or speak english and they are fully aware of that. They had a company come out to give an estimate on the removal of the ducks. Now I was informed by a board member that they don’t intend to follow through on the agreement. What can I do at this point? I can not use my patio and my air conditioner is getting damaged. I am not the person responsible and the other unit owner is still feeding the ducks.

  414. Do HOA’s have the authority to force you to water during a stage 2 drought? I have received a letter from my HOA threatening to”forward this matter to its attorneys or assess fines to your account”. It goes on to say they will also try to make me pay their attorney’s fees.

  415. Our HOA is broke. The mangement compay fired THEM, they raised our dues by 57% with out a meeting or 2/3 vote. They just elected a new board without paper ballots; they refuse to follow the new laws. They started a pool project 2 years ago and it’s still not finished. Whom do we report them to? How can one request a state investigation? How can the HOA be placed into receivership?

    • Being apathetic is no longer an option for homeowners if they want to reclaim their freedom – if they want to keep their homes. What can homeowners do?
      •Know what needs to be changed. Homeowners know what is wrong, whether it’s exclusion, lack of transparency, harassment, fraud, embezzlement, etc.
      •Call their State House and Senate members and tell their story. If neighbors are united, invite the Senator/Representative or staff member to come to a home and invite neighbors to explain the problems. Every call to a legislator is a positive step toward better laws.
      •Call the press. Every story is gold.
      •Know how your legislators vote. Do they support homeowners or the HOA industry? Let them know you and your neighbors are aware and need their support.
      •Tell your legislators of the need for meaningful legislative regulation with penalties for HOA boards that do not follow the laws. There must be teeth in the laws to be effective.
      •There is an absolute need for legislative oversight – an agency to receive homeowner complaints of HOA abuse – an agency independent of CAI/HOA control.

    • I appreciate your reply, but WHO do we report HOAs that are not following the Texas Property Code? HOW do we request that the HOA be placed into recievership with the State? THere are all these “laws” that HOAs are supposed to follow, yet no information about how to report them to the state. What State Agency oversees these HOA laws?

      • There is NO state agency to oversee and/or enforce HOA laws. Our last paragraph to you above: There is an absolute need for legislative oversight – an agency to receive homeowner complaints of HOA abuse – an agency independent of CAI/HOA control.
        You share our frustration, but until all Texas homeowners unite to demand this independent agency, the only avenue is legal – a most expensive avenue. Inform your neighbors about the need to demand legislators enact laws to protect homeowners – especially to establish an agency to receive homeowner complaints – an agency independent of CAI/HOA control.

  416. Our HOA Board of Directors in Northwest Houston, TX. repeatedly resists complying with the organization’s Bylaws in the Area of Open Meetings (even to the point of having closed meetings at private residences), Notice for Meetings and Election of the Board and Board Officers. Additionally there appear to be possible improprieties between Board Members and Contractors for, though their work is shoddy, they are repeatedly recommended by particular Board Members. Two members announced themselves as Advisors to Board and usurped the power of the President of the Board of Directors.

      As Evan McKenzie stated in PRIVATOPIA, “The ideal was that of self-governing local communities living the fantasy of the New England town meeting. The reality, too often, was an undemocratic oligarchy in which an apathetic body of residents was governed by a few…who were told what to do by property managers and lawyers…”
      HOAs are private, corporate governments. When will Americans demand the return of their constitutional government?

  417. We live in a large single dwelling home neighborhood in Conroe TX. Due to the economy we are looking to refinance our home for a lower payment. The bank asked us to get a statement from the HOA verifying we are in good standing and what the quarterly dues are. We did.

    HOA sent the lender a statement showing we had a zero balance and what the dues are. Probably took 20 seconds to download this one page and send it. We are now told after the fact that we owe the HOA a $150.00 refinance fee for sending that verification.

    Needless to say, the Lender went ballistic and in fact told the HOA that it is outrageous to charge us 150.00 for emailing her a simple one page statement…..I checked the Bylaws and FAQs of the HOA. The Bylaws state that one of the functions of the Collector of Revenues is “to respond to title holders wanting to know homeowners status”. The FAQs on the HOA website state that quarterly dues paid by homeowners go in part to pay office staff to respond to homeowners requests and complaints.

    Nowhere is there any mention of Refinance fees or charges to provide homeowner status to lenders. Nor were we told about it until after it was done. Nevertheless, the HOA President responded to the lender that “the charges are very justified because it takes staff away from their regular duties and the fee is very common in the industry.” Our lender says in the many years she’s been writing mortgages she’s never heard of such an outlandish charge.

    Does anyone out there have any insight into this? I figure with the number of foreclosures and home abandonments (which our neighborhood has certainly suffered from), HOAs are resorting to extortion to raise revenue by nickle and diming the remaining members. What’s our best recourse? Just keep our mouth shut and pay the this unjust fee?

    • When a homeowner wants to refinance his mortgage, SOME HOAs DEMAND a refinance fee. The HOA industry unashamedly lobbies at the legislature for the right to collect every fee, charge, fine, etc. that it can. HOAs live off the backs of homeowners.

      • That’s what I thought. “We won’t tell your lender your good status unless you pay us $150.00; otherwise we’ll tie your mortgage up in litigation causing them to turn down your refinance.” This takes “living off the backs of homeowners” to another level.

  418. If the HOA management company does not file a management certificate or an amended management certificate (when the management company changes) in the county where the HOA is located, can the management company collect transfer fees when a house is sold in a neighborhood?

    If they cannot collect the transfer fees due to no management certificate, how can homeowners get their money back?

    Secondly, if there is no management or amended management certificate filed, can the HOA collect liens which the HOA has filed against homeowners for not paying their dues?

    If these liens cannot be collected, who pays the HOA for the loss of this money? If it was collected, and there was no management certificate, how can homeowners get their money back?

  419. My rights to use common areas have been revoked based on a denial of an ACC request. There was no proper 209 letter sent, just a denial letter. I have the right to an appeal but that notice does not give the same 30 day notice allowed by state law. It grants me 15 days to appeal. Why is it that the HOA doesn’t have to follow state law and the homeowner has no agency to appeal to for help?

  420. Things have gotten so bad now that it’s time to repeal the whole thing.

  421. Can the President of a Condo Association go “door to door” to obtain answers from Unit Owners as to whether they favor or do not favor an action that a Condo Board took relative to an assessment???

    • This could be a “positive” with a personally involved Board President who seeks another perspective. A counterexample could involve intimidation.

  422. Can an HOA use funds to have social parties in their homes for numerous events throughout the year? They do not disclose during the annual meeting what the
    funds are actually used for.

  423. Is is possible for a property owner in Texas to force a Board of Directors of a POA to enforce the deed restrictions?

    • Possible? Probable? Remember, Property Code 204 was written by the HOA Industry, for the HOA Industry. A lawsuit could be very expensive. There is no independent agency where homeowners can file abuse claims.

  424. I am currently on the HOA BOD. Our contracted management company’s agent attended our Friday’s meeting. 48 minutes after the meeting started, the agent stood up, announced she was emmotionally unable to stay and walked out. That agent locked the board out of the “task manager” site, where all BOD’s conduct business and respond to inquires from homeowners. The president and agent refused to answer calls on their company cell phones; emails have been ignored. We wrote to our attorney, questioning if he would continue to represent the HOA BO or if he would represent the management company.
    Our assessments should be mailed out in a week, but we currently are in limbo.

    Hopefully we will soon find out if we have legal representation. Can you please advise how we can proceed? We have given the management a lot of the responsibilities; mailed a 60 day termination letter on Saturday, as written in our contract. The mgt co has crippled the BOD; we fear more spiteful recourse from the mgt co. Please help.Thanks,

    • From Opinion page: A Layman’s View of HOA Land:
      Evan McKenzie in PRIVATOPIA states: “The ideal was that of self-governing local communities living the fantasy of the New England town meeting. The reality, too often, was an undemocratic oligarchy in which an apathetic body of residents was governed by a few…who were told what to do by property managers and lawyers…”

  425. There are squatters in our complex and the squatter recently purchased a used car, but she knows that all water provided is paid for by each owner with their HOA dues. We asked her if she would contribute to this bill but she refused. She will not move or pay. What can we do?

  426. I applied for a landscaping proposal to my front yard that was bare dirt as almost half the front yards in this community are. I filed a complaint with the BBB. I lost; the BBB sided with the HOA even when they made no improvements. The HOA responded to my complaint with a lawyer letter. Lawyer letter comes to my home or email whenever I send an email to the management company about any issue or suggestion. Thirty days passed after I submitted my detailed landscaping, I received no approval or rejection. According to law, that meant that I could go ahead with the project. I did and five months and $800 later I was finished. The HOA waited until I was finished then sent me a letter telling me to pull out all my plants or they would do it for me and charge me $75 an hour for their landscaping company to do it. I contacted a lawyer who said I was in my right and had the support of the new xeriscaping law in Texas. The HOA continues to refuse. The homes of the board members have beautiful front yards and plants that are not on the approved list. Many of the units have the same plants that the HOA has told me to pull out. I have told them that they are discriminating against me and it is retaliation because I filed a BBB complaint. I am planning to file a discrimination complaint with the HUD and another BBB complaint. I have contacted the Texas attorney general and two state senators about the legalized feudal system that is the HOA and how they are crushing the very people that are paying them! For the life of me, I do not understand how Texas, with its history, can look away from this problem. Good people fought and died at the Alamo to protest an entity that wished to occupy them, yet Texas is allowing the HOA system to do the same to good, hard working people. I am a public school teacher and a veteran and I cannot believe that in America this kind of “fourth government” is allowed to flourish and commit legalized stealing of private property for just a few hundred dollars. If anyone has any ideas of what I can do, I would be most grateful.

    • The homeowners of Texas must pull their heads out of the sand and admit the error of allowing HOA boards, management companies, and HOA attorneys to control their property. HOAs do NOT protect property values. HOAs protect the interests of the HOA industry. Apathy and indifference of homeowners benefit the billion dollar industry.

      • Similar to JT, our HOA has for many, many years pulled this kind of power trip stuff but a small group of us have fought them for two years and have actually made headway by replacing three of them on the board with our own people. People who will actually listen to ALL homeowners, not just those to happen to have property on the lake. If you want to make a difference in your HOA, get involved and pay attention to what they are doing. If you do not, they will continue pulling the same power plays on you. It is amazing how those of the old guard left on the HOA are now being forced to actually listen, especially since they know ALL homeowners are watching them.

  427. The management company for my HOA never notified me of an unpaid annual fee. I paid it, but they never received it due to change in address. two years later, they hire an attorney of collect it. When I found out it wasn’t paid, I paid it immediately along with late fee. They have a lien on my house for unpaid attorney fees. I do not believe I should have to pay attorney fees when I was never noticed from the management company or HOA in the first place. I told them I could have cleared this up immediately if I had received notice. Am I responsible for their legal fees and can they put a lien on my property?

    • As I am not an attorney, I cannot answer legal questions, but perhaps this part of the Property Code may be helpful:
      Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (a) Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.(b) The notice must:(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and(2) inform the owner that the owner:(A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months;(B) may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice; and(C) may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the owner is serving on active military duty.
      Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 252, Sec. 3, eff. January 1, 2012.

  428. I’m from Houston, TX and I am curious if anyone knows if an HOA Board can make and use written and/or unwritten policies or by-laws, not known by any of the homeowners, that conflict with the Declaration of Covenants, Conditions and Restrictions. It appears to me I have caught them (HOA Board) making some policy decisions that are against what is stated in our Covenants, but I don’t know how to stop them and reverse what they have done. If anyone has the answer, please let me know.

    • After passage of HB 1821, some associations decided to change deed restrictions by Board resolution. Here is the HOA Industry claiming that it is necessary to read the DR’s before buying but unashamedly changing those DR’s without owner consent.

      HB 1821 passed in May 2011; effective January 1, 2012
      SECTION 2. Subdivision (1), Section 202.001, Property Code,
      is amended to read as follows:
      (1) “Dedicatory instrument” means each document
      governing the establishment, maintenance, or
      operation of a residential subdivision, planned unit
      development, condominium or townhouse regime, or any similar
      planned development. The term includes a declaration or similar
      instrument subjecting real property to:
      (A) restrictive covenants, bylaws, or similar instruments governing
      the administration or operation of a property owners ’ association;
      (B) properly adopted rules and regulations
      of the property owners ’ association; or
      (C) all lawful amendments to the
      covenants, bylaws, instruments, rules, or regulations.
      SECTION 3. Section 202.006, Property Code, is amended to
      read as follows:
      Sec. 202.006. PUBLIC RECORDS. (a) A property owners ’
      association shall file all dedicatory instruments
      in the real property records of each county in which
      the property to which the dedicatory instruments relate is located.
      (b) A dedicatory instrument has no effect until the
      instrument is filed in accordance with this section.

  429. Can an hoa board vote by email and not in an open meeting?

    • HB 2761 (Garza) passed in 2011:
      209.0058 – (b) Electronic votes cast under Section 209.00592 constitute written and signed ballots.

  430. Our HOA president has mismanaged the paying of HOA bills for months because she has failed to call meetings to discuss our monthly expenses and now the association has large past due water bill that the president failed to inform us about.

  431. Over a year ago we were told we would have a community website. Are we out of compliance not having one?

    • HB 1821 was passed in 2011 and went into effect January 1, 2012.

      SECTION5.Chapter 207, Property Code, is amended by adding
      Section 207.006 to read as follows:
      property owners ’ association shall make dedicatory instruments
      relating to the association or subdivision and filed in the county
      deed records available on a website if the association has, or a
      management company on behalf of the association maintains, a
      publicly accessible website.

  432. Are there any guidelines to the posting of HOA open meetings? The local board of officers in my area post the meeting notice the day of meeting at the community mailbox drop. Therefore short notice is given to residents to make arrangements to attend. The HOA management company has not established a community website in order to inform residents of any changes or meeting information. Over a year ago, we were told we would have a community website.

    • HB 2761 – Garza – 82nd Session was passed by both the Texas House and the Texas Senate in May of 2011 and became effective January 1, 2012.

      Sec. 209.0051 – Open Board Meetings
      (e)Members shall be given notice of the date, hour, place,
      and general subject of a regular or special board meeting,
      including a general description of any matter to be brought up for
      deliberation in executive session. The notice shall be:
      (1)mailed to each property owner not later than the
      10th day or earlier than the 60th day before the date of the
      meeting; or
      (2)provided at least 72 hours before the start of the
      meeting by posting the no