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. Michelle Zambrano

    Can an HOA divide itself into three sections each having its own board and manager but keep the articles and bylaws from the original HOA? Also can those sections of HOA divide without documentation at the county clerks office? If each section doesn’t have their individual articles or bylaws but file amendments later to their individual section then naming that section for the documents at the county clerks office are they even applicable as changes if the changes are under each section identified with a different name then the original founding documents? Also does a board and manager have to file documents naming themselves during their tenure? According to our original documents and not finding any amendments to those documents filed at the clerks office my HOA is not delivering several things in those bylaws and articles. So even if the amendments filed under a different name are legal despite the name not matching what is my next course of action if they are in violation of their own documents. I have gathered a good number of residents to sign several certified letters to the board and manager. One letter is for the release of financials and voting records. The next is to address the changes in the bylaws that have no record on file at the county office. The last is to ask for a vote on a new manager because of her unprofessional behavior and failure to do her job in accordance with the bylaws and articles. My question here is when they refuse or acknowledge those letters or react to them at all is my only next step to gather the residents who signed those letters with me and hire an attorney? Is there nothing else I can do as a layperson? I can’t get on the board because the manager and board were never voted on to begin with. Those positions have always been passed by predecessor to whoever they choose to take their position. They are usually friends or relatives of the previous person in that position. Also the board and manager are not allowing proxy mail in votes. The issue is there are never enough people for a vote so the board and manager have taken to just making decisions in place of a vote. When I mentioned to the president that allowing people time to get, review, and mail in their votes with a proxy ballot was an option we should use so that a vote could be held. He told be that wasn’t allowed because of our bylaws but that’s not in the bylaws. Obviously they have no interest in holding votes so they can continue making every decision without oversight or majority consensus.

  2. My HOA is refusing to let me build a fence in front of my bedroom window that faces a parking lot and street. I have had a man attempt to sexually assault me in front of my property and want to feel safer and the HOA says that that will make my personal area too much bigger than that of others. Is this legal?

    • HOA Reform Coalition

      Fencing is an issue that has been quite popular. We are not attorneys so we cannot offer you any legal advice. In the last legislative session there were changes made to allow homeowners to put fences in on their property. However, the legislation has been interpreted by some as being to vague. Your best bet is to contact an attorney familiar with Property Right laws

  3. Hello, In tx hoa, how can you deal hoa president that is stuck on meaningless items with driveway extension where its approved within in the bylaw but cant be close to property line by 3-5ft. They told me taper to avoid dead grass i filed a petition to the board but he is stuck on issue it will be muddy and create issue in the future, But i am seeing homes that didnt extend are having issues now. First the decoration pebbles were not allowed due to safety issues and now its “ok” within 3/4 months. how and what can i do to stop being harrassed and stressed by this folks

    • HOA Reform Coalition

      Our best advice is to ask to meet with the entire Board and attempt to resolve the situation with the other members of the Board

      • This is a new development. I sent him emails of other homes doing the same. At one point he said stones are not allowed and now they are ok calling it “personal property”. But the issue at the board meeting for driveway extension was never followed back by hoa till I got the invoice from lawyer and then when asked I thought it was resolved they said you need to remove the extension even after getting condition approval. This is really stressful for no reason and it’s within the rules and other homes extended their driveway.

  4. We are considering buying a single family home in a relatively new master planned community in Bryan, TX. The community started in 2019 and ~200 out of the ~700 lots planned for single family residence have been completed and sold to owners. The developer has been running the HOA since the beginning but it appears that the way they run it has been uncommon. They did not attach “Current Balance Sheet”, “Current Operating Budget”, “Certificate of Insurance concerning Property and Liability Insurance for Common Areas and Facilities” as part of the resale certificate and marked those as “N/A”. When asked, they said that they did not have them, and that they did not prepare or discuss budgets during the board meetings that seemed to have been very rarely held. They would not share any meeting minutes.

    Is this common for new communities? Could this be a red flag for the buyer since there is no way to review their financials and understand how well the HOA is run?

    • HOA Reform Coalition

      In our opinion, yes, you should question an HOA that cannot provide financial statement and the typical required documents for the resale certificate whether or not it is developer controlled. If the HOA is being run like this today, what will it be like in a few years. Sounds like the developer will be in control for quite a while.

  5. How can I file a complaint on my HOA in Texas? They are pressing rules in home owners but fail to comply with their own rules.

    • HOA Reform Coalition

      Your complaint is a familiar one. Many folks want to file a complaint against their HOA. Unfortunately, one of the biggest problems with the HOA/COA/POA industry is that there is no oversight and it is very difficult for member to file and prevail with grievances associated with mis-management, selective enforcement of the rules and etc. There are some remedies given to homeowners available through judicial proceedings but those are very limited at this time. All of the power resides with HOAs and very little with the members themselves. The Coalition has tried and will continue to have the state legislature enact more protective laws for homeowners but also to have a oversight board to hear complaints and resolve issues with members.

      • Michelle Zambrano

        I have questions about how exactly to help push for oversight reforms. I have contacted my state’s representatives and federal HUD authorities about the lack of oversight for HOAs in TX and how that is basically a breeding ground for Sunrise, FL tragedies and a whole host of other criminal and discriminatory behavior. We all have similar issues with our HOAs and it all boils down to no oversight and our only remedy being legal action which we are unlikely to prevail in. So my question is how do we take action as citizens and constituents to enact change for the fundamental problem of unbalanced laws in our system of justice, law and order? It cannot be that my federal rights are trumped by state laws aimed it seems at solely stripping me of those same federal rights. As a Texan and American it is unbelievable to me that I gave up all my rights and liberties to be treated fairly just by becoming a member of an HOA. It’s almost as if by becoming a member of an HOA I defected to some autocratic dictatorship. I know enacting change can be painstaking, long, and many times frustrating but I believe that it is also possible. It would be my hope that all of us sharing here can come together to develop a strategy that we put into action to right this egregious wrong we are all suffering under. How can we bring more attention to this issue? If not to help ourselves then at the very least to inform others before they find themselves accidentally signing away their rights when they join an HOA. I wouldn’t wish what I’m suffering or what others here have suffered on anyone and if I can prevent this pain from being inflicted on someone else I’ll give everything in that effort.

  6. It appears our HOA has rules for me and not for thee, I am being harassed over a bench swing that has been installed over 11 years, one of the previous HOA board presidents have actually sat in and complimented the swing….11 years later we get a letter saying the swing is an eye sore and a nuisance, After driving through our neighborhood there is one house that really stands out with ample deed restrictions and upon further investigation I have learned that the property actually belongs to the sitting president of the MCHOA, her house looks more like a half way house. boat stored in driveway, uncut lawn, A frame swing in middle of yard, rotten tree stumps, un operative vehicles in drive and so on. Tuesday evening I am expected to attend an HOA board hearing concerning my 11 year old swing.

    • HOA Reform Coalition

      Selective enforcement is a long time problem with HOAs. Beauty is in the eye of the beholder. As for your 11 year old swing as well as selective enforcement, please vistit Attorney David Kahne’s website https://texashoas.org/faqs/ for more information on these topics.

  7. POA should by law show financial records unless they are in Trinity,county Texas and refuse and the county officials refuse to enforce the law

  8. I am in a legal dispute with my board. In the discovery process and after attending the last annual membership meeting for the purpose of electing board members, I observed how our board members are elected. The current board screens all individuals that want to be on the board prior allowing their names to be placed on the slate of candidates. The only way you know who is on the slate of candidates is if you actually attend the annual membership meeting. Also only those members present for the meeting are allowed to vote. Our association consists of 205 lots. Our Bylaws state that at any membership meeting where voting is happening, all property owners must be allowed to vote by proxy or absentee ballot. I am in possession of an email by a board member to another association member in which she informs someone in March 2021seven months prior to the annual membership meeting to elect board members that, after he has received notice in the mail the week prior to the annual membership meeting, that if he is still interested in running for the board, he can inform the board, and they will place his name on the slate of candidates to be voted on “by the members present at the meeting.”

  9. My HOA is trying to levy a special assessment after only voting during a board meeting and not documenting what the vote was in favor for. I only found out about the assessment when I received a bill 10 days before it was due. I was told a letter was e-mailed (which I didn’t get) saying the vote was by the board during a July 2021 meeting for $70 to be due in March 2022. The July 2021 minutes say a vote was in favor of a $55 special assessment to be due in September 2021. The October 2021 minutes just say “Vote on Special Assessment”.

    There is a section in the bylaws for Special Assessments that states:
    “In addition to the regular annual Assessments provided above, the Board may levy special Assessments whenever in the Board’s opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under the Declarations. The amount and due date of any special Assessments shall be at the reasonable discretion of the Board.”

    Texas Property Code Chapter 209 Sec 209.0051 (h) states:
    “The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:
    (6) levying of special assessments.

    Does the Texas Property Code overrule the Bylaws? Do I have to pay this assessment?

    • HOA Reform Coalition

      Thank you for contacting the Coalition. In difficult times like these it, where the prices of everything seems to be going up and salaries are stagnate, it is difficult for folks to absorb these additional costs.

      The Coalition always advises homeowners to pay their assessments. If you do not, the HOA may have recourse to file a foreclosure on your home. Better to pay the HOA, than lose your home over $70. The Texas Property Code does overrule the governing documents. So you will need to determine if the Board properly called a meeting and specified the agenda item. You also will need to verify that the Texas Property Code applies to your subdivision. It does not apply to all subdivisions in the State. **Disclaimer – Everyone’s situation is different and this is not legal advice**

  10. I was a Texas HOAboard member in 2021 (term expired) and in October we had to vote on our new ACC committee. One of the board members wanted to be on that ACC committee. We were advised by the management company as well as the HOA attorney that it was ok for said board member to hold 2 positions. So we voted and made that board member a ACC committee member. So to be clear the board member is on two committees. Now its 2022 and that board member has another year left on his term. The new ACC committee is upset that a board member is also a ACC committee member which is causing problems as you can imagine. I did not find out that it was prohibited for a board member to be on ACC until we had already voted for it. What can we do now? Is there a higher authority that can get this board member off of the ACC committee? Can I report this to someone? Any help would be appreciated. Said board member is also an attorney. Which makes it even more complicated. Thank you.

    • HOA Reform Coalition

      The Texas Legislature modified the Texas property Code 209. If your subdivision fall under this statue you may find this of interest:

      Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY. (a) In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.

      (b) This section:

      (1) applies only to a property owners’ association that consists of more than 40 lots; and

      (2) does not apply during a development period or during any period in which the declarant:

      (A) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or

      (B) has the right to veto or modify a decision of the architectural review authority.

      (c) A person may not be appointed or elected to serve on an architectural review authority if the person is:

      (1) a current board member;
      (2) a current board member’s spouse; or
      (3) a person residing in a current board member’s household.

      (d) A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:

      (1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and

      (2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.

      (e) The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner’s request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.

      (f) During a hearing, the board or the designated representative of the property owners’ association and the owner or the owner’s designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner’s application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).

      (g) The board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.

      (h) The property owners’ association or the owner may make an audio recording of the meeting.

      (i) The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision’s declaration.

      The statute is clear that a board member cannot be on the ACC committee. **Disclaimer – Everyone’s situation is different and this is not legal advice**

      • We used to have the board as the ACC committee, it gave the homeowners no place to turn if they disagreed.
        If that board member has an ounce of integrity he/she will resign from one of the position, if not maybe the HOA attorney should visit a board meeting and explain the consequences of the continued double held positions. If the attorney still says it is fine, time to find a new attorney, because who knows what other wrong things that attorney has done.

      • Current TX law bars all board members from participating on ACC.

  11. My home is in a small, residential area in a Texas suburb (80 homes total). Our HOA is not following what the Governing Documents state in relation to the Maintenance of “Street Trees” – which are defined in Gov Docs as the part of the ROW and “common area”.
    * “Common Areas refer to that land and facilities in any one of the following categories: (ii) Any land and/or facilities within the areas on the Final Plat marked as “Unpaved Right of Way Dedication” or “Row Dedication”… or the unpaved rights-of-way of … ” And a list of all streets with “street trees in ROW” are specifically listed in the Gov Document as “Common Areas”.

    *Note: on homeowner’s surveys and on the neighborhood Plat, this area where “street trees” are located is outside of the homeowner’s property lines. (trees are located in the grassy area between the sidewalk and street).

    Our HOA Board refuses to acknowledge the Governing Documents, that this ROW property is to be maintained by the HOA Maintenance Association and has sent some homeowners with “street trees” letters demanding that homeowners replace trees, at homeowner expense, in the ROW that have died or fallen over due to storms, etc.

    Can HOA’s require homeowners to plant trees on land that is ROW and/or not owned by the homeowner? There is zero mention in the Gov Docs of homeowners being responsible for replacing trees on land outside the homeowner’s deeded lot.

    Also, these same “street trees” have been maintained by a long term board member (no longer on the board but still a resident). He sprayed these street trees with black paint for years, with the board’s knowledge.

    Thank you.

    • HOA Reform Coalition

      Thank you for submitting your concerns. In our opinion, an HOA cannot make homeowners do anything that is not supported by the governing documents. The term “support” is deliberately broad but the authority for the Board to act or not act must be in the governing documents. We are not attorney’s, so this is not a legal opinion but just our understanding, based on our understand of what you say is in your governing documents and the Texas Statues, they do not have the authority to make you comply. But again we are not attorneys.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  12. How can I get involved with the hoa reform coalition. I live in a condominium. The lack of oversight or repercussions to Rogue Condominium Boards has got to change. What objections were there to expanding 209 to apply to condominiums.?

    • HOA Reform Coalition

      The HOA Reform Coalition absolutely supports your great idea about extending Texas Property Code 209 to condominiums. Senator Huffman did submit a bill in 2019, SB639, to do just that. Unfortunately, her bill did not gain any traction. Again, in 2021, Senator Huffman submitted a watered down version of the bill, SB318, to give those in condominiums the right to records. Absolutely more needs to be done so that those in condos have the same rights as those who live in subdivisions. It is the intention of the Coalition to take this issue on again in 2023. You can submit your email address on the home page to receive updates concerning our activities. What can you do now? Contact your State Representatives and Senators and let them know you need these protections and to support Senator Huffman’s bill. Your Representatives and Senators can co-sponsor the bill.

  13. My HOA has denied me access to all voting and financial documents. Even the bylaws were denied to me for some time and when I did get a copy of what management called updated bylaws there appeared to altered from the originals that I had but there is no documentation of the vote that authorized those changes. When I inquired about this I was verbally abused by the property manager and later my utilities were randomly turned off by management without notice and with no reason given. Vehicles resembling mine and only mine were threaded with towing from visitor parking spaces and the property manager has demanded entry into my home without notice on numerous occasions during my work day knowing I work from home. To be frank, I am afraid of a Surfside Fl situation happening in my community because of mismanagement of funds and structures. I am also facing harassment and discrimination because I dare to ask about things it’s my legal right to ask for. I assume the main issue is my asking questions but since several slurs have also been tossed in my direction by management there could also be something about my person that motivates this individual to treat me worse then other property owners here. Since the freezing storm of Feb last year I have been living with a living room that has two walls missing down to the studs and a balcony with no ceiling and missing drywall from busted pipes in the wall. While some residents have had no trouble getting the HOA to manage their repairs in a prompt manner and with proper contracted repairmen, others are being sent the general property handyman. After that freeze some were even being denied repairs all together by the HOA and told to contact their insurance while others were being threatened with the financial responsibility of the repairs not only to their unit but to their neighbors units as well. What seems unequal or discriminatory is that in most cases the damage needing repair by all these residents is almost identical in nature and source, and yet the response from one owner to the next varies drastically with the only real variant being how this one person, the manager, feels about you personally. I have attended meetings hoping to bring my concerns to the board and the community. We are never given more then a weeks notice for a meeting. In our last meeting the board and the property manager announced changes to the bylaws. When I asked why we weren’t voting I was told there would be no vote and that the board and the manager had the right to change the bylaws without a vote and as they pleased. I know that this goes directly against the bylaws and articles of incorporation for my HOA but with no votes being held how is this to be corrected?

    • HOA Reform Coalition

      Sorry to hear about your frustrations with your HOA. Many folks have issues receiving documents from their HOA’s. It sounds like you live in a condo. The HOA Reform Coalition has been trying over several legislative sessions to extend the homeowner rights that are in 209 property code to condo associations. Extending these rights will substantially increase homeowner rights for those living in condos. If you would like to receive some attorney advice, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  14. Developer owned POA-1) Can they make a special assessment annual repeating amount? 2) They filed for PPP loan (forgiven) for some of the neighborhood employees. But annual statement showed more of an expense for these salaries than previous years. Can financials still be requested from developer owned?

    • HOA Reform Coalition

      Thank you for submitting your question. In our opinion, even in developer controlled subdivisions, Homeowner are entitled to financial documents per Texas Property Code 209.005, if your subdivision fall under this section of the property code We are not attorneys but section 209.005 defines the rights of homeowners for records. For more advice concerning your individual circumstance, please consult an attorney.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  15. Our HOA has an issue with the Developers of our island resort. When the development was established in 2010 the HOA Declaration was very sloppy and the Development rights for future development was not written correctly. Now 12 years later they are trying to get us to do a “Reformation” of our Declaration to clear up their issues. At question is 1/2 of our common area that was in our 2010 Declaration. Everything I read in TUCA does not allow Common Elements to ever be removed once the first condo is sold. I am worried about the effect on my “Clean” title to my property and don’t want to cloud my title by removing “Common Elements” property. In all of my research I cannot find any examples of this happening and being legal

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. Your question is legal in nature and getting the right advice is important. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  16. I have worked onsite for an association for 11 years. Multiple management companies and employees have come and gone. Due to covid we suffered staff shortage resulting in work overload and a micromanaging board chair. I informed management company of work overload, requested support and committee memember involvement to ease work load. I also requested an update on actions being taken on board chair that was micromanaging me, overloaded me with work, yelling, and causing an uncomfortable work situation. No response, only action I got from them was to change my job title and assign me more tasks with no pay increase later to deny the occurrence. The last 3 months I have been retaliated against with false emails and accusations of mis conduct. I requested updates on restaffing my 2 admins and one maintenance personnel position and was told no suitable applicants applied. Not one interview in the past 3 months. Was requested to attend meeting at the management company to be told that the association board has decided to move in another direction and that i had the option of being relocated to their office 40 miles away compared to 15 miles away. I declined relocation due to hardship and child care and they advised me that they never fired me only relocated me. I have worked for association longer than management and in all 11 years not once received a writeup. Contractual agreement between both state we r staff of hoa but management can direct our day to day. I also signed an at will agreement with management company once we hired them. Need advise how to proceed and opinon on who Is my employer. Thanks

    • HOA Reform Coalition

      We are not attorneys, so we cannot advise you on this situation. Our best suggestion is for you to contact an attorney that is familiar with this area of law, employment, do determine what your options are.

    • Myself I would resign nobody needs the stress of this situation; There are too many jobs out there some you may like better. At a time when everything an everybody is trying to get our money don’t give it to the doctors

  17. I am in a condo HOA in Texas. The BOD don’t meet at times set in our D&BLaws. We have 180 units, yet no one shows for meeting (never know when they meet). There is no quorum for voting (no one cares). A management company seems to control everything. No one seems to know who is even on our BOD, and management company is not allowed to tell. Is it better just to sell and get out? San Antonio, Tx.

  18. My 150 family sub division has a lake that our rain water runs into. When it reaches a certain height it runs into a creek that eventually runs into East Galveston bay. Who does the lake belong too. Who should pay for the maintenance including, electricity, pump maintenance that circulates water into the air for oxygen that helps stagnation. IS IT THE HOA OR MUD DISTRICT

    • HOA Reform Coalition

      Sorry but we cannot answer that question definitively. It could be either the HOA, MUD District or some other entity. You will need to do a property records search to see who owns the property and the plat of your subdivision. It isn’t uncommon that while the MUD exists that this entity may help with the costs of such as these but when the MUD dissolves those costs are then the responsibility of whoever owns the property or is responsible for it

  19. Question? For the past several years, our board has been dominated by just a few individuals. They call what the ostensibly say is an annual members meeting for election of board members. However, the only way you can participate in the election of board members is to be present. They do not allow absentee ballots or proxies. This last election the most votes any one candidate received was 29 out of possible 205. Since they do not comply with 209.00593, can this actually constitute an actual annual members meeting, since they exclude 86%of property owners? If not, then could a demand be made as given in TPC 209 for a membership meeting be made?

    • HOA Reform Coalition

      Many subdivisions have a lack of participation just like yours. So low attendance at annual meetings is not uncommon. As to what constitutes a quorum for the election of a director is determined in your governing documents. Start with your bylaws to see what they say about a quorum for the annual meeting. Do to the change in the state law requiring that an expired term for a director an election must be held, the position cannot be filled by appointment, the statute allows for a bylaws revision to reduce the quorum requirements so that director’s election can be held. It is not uncommon that 10 or 20% of the subdivision constitutes a quorum.

      **Disclaimer — This is not legal advice. Everyone’s situation may be different**

      • In our HOA, the last several year’s annual meetings we maybe had 6 people one year we had 12, 6 were kids. We open and close till quorum is met. The last meeting where we met quorum was in 2011.
        The homeowners are very quick to complain, but no one wants to get involved to help out, even with neighborhood events. It seems like they have all forgotten that if you want change come to a meeting. Social media won’t do anything.

      • Unfortunately my board does not even comply with the association Bylaws. By their actions they discourage participation.

  20. I currently live in Shale Creek in Rhome managed by Essex. We have a continuous issue with the renters across the street. Daily we have very loud music, junk cars and curb mechanics being done all times of the day and night. Along with racing of loud (intentional) cars up and down the street. We have witnessed and filmed drug activity and all of the loud music and cars. We have sent it to Essex multiple times and nothing has been done. The response we get is we cant make them comply (from Lisa A. The Compliance Officer). We have had the Wise County Sherriff out multiple times and no matter what , the renters will just go back to the same thing when they leave. What are the steps we can take to hold the HOA for not enforcing the noise and junk car bylaws? we have pictures and video of all of this..

    • HOA Reform Coalition

      This is a tough one, it sound like you have done all that you could. You have contacted the HOA, you have contacted the sheriffs office. with no relief. If you live in a City there may be a Noise Ordinance that could be enforced against them by the City. You can go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Once a B.O.D. stops enforcing deed restrictions even a new board will not be able to enforce them. Ask MR. KAHNE. No way to run a subdivision

  21. Our HOA has refused for several months to replace burnt out lightbulbs in our carport area. Lots of excuses and it has never been done. How can we solve this problem?

    • HOA Reform Coalition

      First you should consult your governing documents to ensure that the HOA is responsible for the lights on your carport. If so, send the HOA a registered, return receipt letter stating the section of the governing documents that requires them to repair or replace these lights. Try to meet with the Board in person to find out why they are not willing to fix the lights if they are part of their responsibility. Maybe you can offer to replace the lights in exchange for credit on your dues or reimbursement from the HOA. If they still are reluctant to resolve the situation then you should consult an attorney who can appropriately advise you.

  22. If you haven’t asked and or they haven’t offered by T.P.C. you are entitled up to an 18 month payment plan. Your attorney should have known this. Ask for a hearing in executive session with the B.O.D.

  23. My H.O.A. required a lease of no less than six months years ago before B& B’s. And this cannot be added and acted on if there is an existing B&B. However gett on a ballot and get it stopped before it proliferates

  24. The builder of my subdivision did not enforce the rules / codes of my subdivision while they were in control of the HOA until the subdivision was sold out. This was approximately 4-5 years. They then turned it over to our subdivision HOA. Are the rules/codes now considered void because they weren’t enforced for so long?
    Any help would be appreciated!

    • HOA Reform Coalition

      Per Attorney David Kahne’s Website https://texashoas.org/faqs/:

      This question gets asked frequently, but does not have an easy, clear answer.

      With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

      There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

      There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

      There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  25. I am subject to two property owners’ associations, one the usual hoa, the second a ‘trails’ association.

    The trails association on Jan. 10 emailed what it labelled a ‘pre proxy’ announcing a Feb. 10 annual meeting and soliciting board candidates. It is not a ballot or proxy form, just a solicitation for candidates.

    To date I have not received an absentee or proxy ballot listing the names of candidates for the board. I write this on Feb. 2.

    What are the required dates by which proxy or absentee ballots listing the names of all board candidates must be sent?

    • HOA Reform Coalition

      If the trails association is subject to the Texas Property Code, https://statutes.capitol.texas.gov/Docs/PR/pdf/PR.209.pdf these sections may apply:

      Sec. 209.0055.VOTING.
      Sec. 209.0056.NOTICE OF ELECTION OR ASSOCIATION VOTE.
      Sec. 209.00592.VOTING; QUORUM.
      Sec. 209.0058.BALLOTS.
      Sec. 209.00593.ELECTION OF BOARD MEMBERS.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  26. Copper Grove HOA has been billing me for owed dues as I got behind with husband being laid off, Covid, both husband & I are elderly & husband is a Marine Veteran. Tried submitting at least 3 financial proposals & was told board rejected everything. They put a lien on my house & threatened foreclosure. I sent emails to all the Houston media trying to put a stop to them continuing charges for attorneys, filings, etc., Charges for everything! A close $10,000 now & counting. We have no money & will be facing homelessness if someone doesn’t help!

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  27. Our HOA has filed a lawsuit against us for an injunction pertaining to the maintenance on our yard. The allegations are untrue, not to mention reliant upon subjective violation claims and selective enforcement. We are in fear of losing our home to foreclosure due to lawyers’ fees should they prevail. We had an attorney, but we ran out of money. I would be grateful for any advice,

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • If what you say is true you can file a complaint with the Texas Bar Association against any lawyer acting unethically. If the HOA is forcing you to maintain any of their property including the strip of the property where your mailbox and the drainage pipes or ditch is, that is the property of the HOA and if they force you to maintain it they are guilty of human trafficking, Human trafficking crimes, which are defined in Title 18, Chapter 77, focus on the act of compelling or coercing a person’s labor, services, or commercial sex acts. The coercion can be subtle or overt, physical or psychological, but it must be used to coerce a victim into performing labor, services, or commercial sex acts. I don’t think there are many bar associations that would support human trafficking by HOA’s.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  28. A major ethical issue exists when Owners of a condo community file a court petition for hoa books/records and choose to replace the hoa board and manager for general failure to adhere to bylaws and TX property law. However, the hoa attorney, that has been on retainer via the board and shares some of the responsibility in the hoa’s conduct, is allowed to represent the same board in the legal case by Owners against the hoa. Isn’t doing so a duplicitous role of the atty that gives the atty inappropriate advantage to affect the outcome in favor of the hoa.

    Also, if the same atty intends to preside over an election of a new board, that the Owners want to conduct themselves, that may result in termination of the atty’s contract with their hoa, isn’t that also improper as a breach of ethics? Btw, the condo bylaws afford them the power to remove board members provided the Owners meet the quorum requirement.

  29. Texas Property Code 209 talks a good game, however, talk is cheap. In my association of 205 properties, the vast majority of property owners are unaware of their rights that TPC 209 was written to protect. Consequently, in my case the board totally disregards any provisions of 209. The board has engaged in a defamation campaign against me on the association FB page. I am not allowed on the page as the amended their rules, such that if the board declares you not in good standing you are banned. The lack of knowledge about 209 within an association weakens the intent. I believe future legislation should somehow mandate information on membership rights and responsibilities. Maybe an overview of property code 209 that must be presented and explained to prospective purchasers in POA’s by the realtor, something that is given by title company at closing, and since associations are required to maintain web pages, they post those on their cites.

    • HOA Reform Coalition

      Thank you for your idea. It is a good one!! There are requirements on the HOA websites for information concerning the HOA directly but not necessarily the TPC209 and other Statues that have homeowner/condo owner protections.

    • It does more than talk a good game. But a property owner must be willing to either take their HOA to small claims court when they are not following it or any of the governing documents which are legally binding contracts between the POA and It’s Owners. Or be willing to hire an Attorney.

      I have done both. Twice in Small Claims representing myself and once hiring an Attorney when the case was too big and a bit too complicated for me to handle.

      • Did you win?…we won but the POA is still breaking the law and the corrupt Justice of the Peace refuses to enforce the law

      • Yes, I did both times. I don’t know what you took them to court for. I took my HOA to court over misuse of funds which the Director had to pay back after I did a records request.

        The second time I took them to court is when I had given my Proxy to another individual and they did not let the person in the meeting. In this case the Judge awarded punitive damages, which of course came out of HOA funds. So it’s like suing yourself and your fellow homeowners.

  30. regarding the new fencing law. Westbury civic club did not post on their website or does not reply to my emails regarding the new fence situation and their requirements. What to do?

    • HOA Reform Coalition

      Thank you for contacting the Coalition. Have you sent a formal letter to the association and the board members with you concerns as registered, return receipt. This would be the first step to show that you formally contacted the association and you have proof that they received such communication from you.

  31. Our HOA election process is not in compliance with our By-Laws and not in compliance with Texas Property Code. We need help. What can we do?

    • HOA Reform Coalition

      IF your association is subject to the rules in TPC 209 those should be the guidelines set for how to conduct an election and should supercede the bylaws. The best path forward is to have an attorney advise you on how best to update your elections and bylaws so that they are in compliance with TPC209

  32. Our HOA has been collecting fees and holding the posting of payments (usually checks since they don’t offer online payment) and waiting (in some cases weeks) to cash the check, then assessing late fees. We know this because we are now sending our payments via certified mail. This is literally happening to 100s of homes in our community every month. Is there a required time to post payment? Should I report them to the AGs office?

    • HOA Reform Coalition

      You can try contacting the AGs office, but it is unlikely that the AG will do much concerning the situation. Your solution of using certified mail is a good one. Have you tried contacting the Board or Management Company to determine why payment processing is so slow?

  33. October 2021 annual membership meeting, my board held an election for 4 open board seats. We have 205 properties in our POA. It is our boards policy to screen all candidates before placing anyone on the slate of candidates, and you are only allowed to vote if you show up to the annual meeting in person. About 30 property owners ever make the meeting. It’s not that they are ignorant of TPC 209, it is that they are willfully ignorant. I pointed out to the board the changes in TPC 209 about restrictions on members of the ACC. Our ACC consist of five members, one is also a board member and the other four are spouses of board members.

    • HOA Reform Coalition

      You are correct. TPC 209 states:

      Sec. 209.00505.ARCHITECTURAL REVIEW AUTHORITY.
      (a)In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.
      (b)This section:
      (1)applies only to a property owners ’ association that consists of more than 40 lots; and
      (2)does not apply during a development period or during any period in which the declarant:
      (A)appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
      (B)has the right to veto or modify a decision of the architectural review authority.
      (c)A person may not be appointed or elected to serve on an architectural review authority if the person is:
      (1)a current board member;
      (2)a current board member ’s spouse; or
      (3)a person residing in a current board member ’s household.

      Sec. 209.00591.BOARD MEMBERSHIP. (a)Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner ’s right to run for a position on the board of the property owners ’ association is void. Please read the rest of this section for further details concerning Board Membership

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  34. I have water damage on my condo, the association is aware and in fact sent out 2 companies for estimates. This has been going on for 8 months, they won’t answer my calls. I mailed a certified letter they signed for it, yet claim they never received it. I am at my wits end. Do I need to proceed with litigation?

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  35. I am interested in any actions a HOA has taken in regards to regulating or prohibiting short term rentals.

    • HOA Reform Coalition

      You would need to address your question directly to your HOA and what policies they have established concerning short term rentals.

      • Wouldn’t any ‘rules’ need to be stated in the governing documents of the HOA, as filed in the local county courthouse? Usually they are in the Deed Restrictions document because even if an HOA is abandoned, the deed restrictions ‘go with the land’, as they say in Texas law.

      • AS you may know, this issue was brought in a lawsuit that went to the Supreme Court. On May 25, 2018, the Texas Supreme Court, in a unanimous decision authored by Justice Brown, held that short-term rentals are NOT BARRED by the widespread, typical “residential use only” deed restrictions. Policies are definitely NOT sufficient. There are now more than a dozen lawsuits filed against HOAs which amended their CCRs to forbid short term rentals, i.e., the use of residentially zoned homes as a motel and some times used as “party house.” AirBnB et al are multi-million dollar businesses. The cost of their numerous lawsuits is just the cost of doing business but can be a hardship to HOAs. Our POA has a dozen or more CCRs for different areas. Getting an amendment to our CCRs will be difficult to say the least and may result in a lawsuit against us. I do not like the idea of these associations being able to regulate our property to the nth degree but short term rentals disrupt the neighborhood. These short term rentals are analogous to the so-called “Lemon Socialism,” where profits are privatized, and risks are socialized. The advantages of short-term rentals (i.e., increased income) are reaped by individual property owners, while the potential downsides are borne by the community as a whole.

  36. What is the best ways, to deal with cyberbullying of fellow residents on our HOA FB page? Board of Directors are well aware of this bullying and sometimes participate in this bullying. I believe this is a violation of the target(s) legal rights to “Quiet Enjoyment” in the CC&R’s. I was thinking about complaining directly to HUD, but since the targets of the cyberbullying are not in a protected class, I don’t believe a complaint can be filed with HUD. Any legal channels or advice you could give would be very helpful. Of course since we have Director’s that either participate, ignore, or encourage the bullying, we also have selective enforcement of the CC&R’s, but that is a different battle.

    • HOA Reform Coalition

      Cyberbullying is a difficult issue to tackle. The first question to ask is the HOA FB run by the HOA or by members of the community? So the first question to answer is who are the FB admins. If the HOA FB is being operated by people other than the true HOA entity there may be little that you can do. But if it really is a HOA FB page run by the HOA or the management company, rules for posting on the site should be established to avoid the cyberbullying that you are experiencing. Rules like being “being kind and courteous”, “no hate speech or bullying”, “respect privacy” and etc. The FB admins need to remove those posts that do not follow the community rules. If there are people that constantly break the community rules, then they may be blocked from posting on the FB page. Yes, FB can be a valuable tool to a community but only if it is being used appropriately. HOAs have been successful in maintaining FB pages that are not full of drama but that takes diligence to review what is posted and when people complain to response to such complaints.

      It is unlikely the HUD will do anything. It may be possible to make a report directly to FB to see if posts are in violation of FB’s standards.

      **Disclaimer — this is not intended to be legal advice”

  37. How HOA has refuse to fix our siding for years base on our race. It states in our by laws that they are in charge of mowing and all outside siding and repairs. To top it off we learn they are not update to date with the state of Texas HOA. All white owners are getting new sliding done to the townhouses in past a few years. But us color brown people get zero done to our house.

    • HOA Reform Coalition

      Thank you for contacting the Coalition. This is very hard topic to address due to the nature of the allegations that you are making. Our best advice is for you to contact Attorney David Kahne at his website website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  38. Our HOA board decide to collect Fees $75 for so called exterior modication per item. Such as fences, paint, even to lay flag stones. Is that legal? And conducting by HO managements company.

    • HOA Reform Coalition

      Typically, HOA boards are given the right to create “special assessments” in order to cover the costs of project in the community. This is not uncommon but you will need to look at your governing documents to determine if your particular HOA was given the right to create “special assessments” and if there are any limitations on such assessments.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Check your bylaws and see what they say about public areas.

    • The courts look at the conditions and restrictions as a business contract. Along with the bylaws. TPC 209.0051 list 15 items a board cannot vote on without first placing it on an agenda for an open board meeting.

      My experience is that my self manage board really doesn’t care what’s in the C&R, Bylaws or the Texas Property Code. However, this last legislative session, the legislature placed in TPC 209, the right of any property owner to sue in JP court for violating property protections granted in 209. Far less expensive than filing in district court.

  39. Why are there not laws that say that a declarant owned HOA must be turned over to homeowners by a certain period? I live in a community where it is ran by the HOA President/developer for the last 18 years and it is a complete joke. There are no laws that protect the homeowners in this case. He has also written the bylaws that as long as he owns one lot, which he lives here, he remains the final say on anything the board does even if he doesn’t get re-elected to the board? Where are the homeowners rights and protections here? He also controls and runs the ACC as well. He’s a tyrant.

    • HOA Reform Coalition

      Thank you for contacting us. We understand your concern about a declarant who has maintained control over the HOA for what seems to be a long period of time. Your governing document will mainly control when the association is turned over from declarant control to homeowner control. One section of the Texas Property Code 209.00591(c), if your subdivision is subject to this sectgion, does provide some guidance as to the make up of the board.

      This 209.00591 (c) states: “The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded. ”

      ***Disclaimer: This is not intended to be legal advice. Each circumstance is unique. ***

  40. Our HOA recently stated on an open meeting, the HOA Attorney informed them that for the last 40 pus years, no Board had authority to enforce deed restrictions because the developer never signed over the ASSUMPTION OF POWER. I did ask the President if the Board had no authority to enforce deed restrictions, then what gave the Board authority to collect maintenance fees. I requested a copy of the Attorneys opinion on this matter yet never received my request. I did find a QUIT CLAIM signed by the developer and the HOA.
    Would the quit claim be the actual document where a developer turns over all authority to a HOA?
    Thank you.

    • HOA Reform Coalition

      Typically, the time that the developer turns over the HOA to member control is defined either by the governing documents or within the Texas Property Code. Since an attorney has already been involved in this and rendered an opinion, we would suggest that you contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  41. In discovery documents related to civil suit was information I discovered about a real estate transaction at the expense of the association members. In October 2017 at an annual membership meeting outside of the approved agenda, the board president brought up concerns about an undeveloped section of our association. 40 members of 205 were present, no proxies or absentee ballots were allowed in the vote for board members. The board president had stated she received a call from an individual that had purchased the land and wanted to develop it, but didn’t want to be under our covenants. She proposed that the association sever ties with this section. What they did not tell everyone was that the association owned all common areas and roads in that section. The motion was changed to allow the board to vote on the severing of this section after consultation with association attorney. November through March there was no vote taken to sever ties and transfer real estate or was it placed on the agenda. March 2018, in a vote with out a special meeting of the membership was initiated by the board through the mailing of absentee ballots and proxies. The results of the election to remove this section from under the deed restrictions was never announced. May 31, 2018, the board president and treasurer filed in county records that the vote to sever ties was passed with at least 51% of property owners voting in favor. On that same day, a deed transfer was recorded stating that on October 17, 2018, the association membership vote to deed over all property owned by the association membership. This was factually false statement.

    I know that an amendment of the Covenants and Restrictions requires 67% vote
    I know that among the 15 items that a board cannot vote on without informing the owners is the sell of real estate.
    I know that any person has a right to request a recount within 15 days of the vote or the announce of the vote which ever is the latter.

    Approximately 30 acres were transferred with a value of approximately $300,000. In 2019 the board doubled the annual dues because of lack of funds.

    In this paperwork I have discovered that at least since 2015 the board has not complied with any provisions of Tex. Prop. Code § 209.00593 Election of board members. The same election committee each year restricts access to members seeking to place their names on the slate of candidates for the board. They do not allow any votes outside of the annual membership meeting for the purpose of election board members, either by proxy or absentee ballot. They do not inform the owners of the slate of candidates for the board outside of the meeting. They do allow nominations from the floor.

    I am concerned that this board is engaging in organized criminal activity.

    • HOA Reform Coalition

      Thanks for contacting the Coalition. You are correct, if your association falls under the Texas Property Code, the election process that is specified in the code needs to be followed. There are a lot of issues that you brought up that are beyond the Coalition. We are not attorneys. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  42. Is it normal for HOA to store funds directly onto a lockbox to a bank that’s not even in Texas but Georgia ? Please let me know

    • HOA Reform Coalition

      Thank you for contacting us. In our opinion, this does seem strange for an HOA to store funds directly in a lockbox unless it is a small Petty Cash fund. All kinds of questions come to mind like: Why are they storing funds in a lockbox and what is the justification, How is the money being accounted for in the HOA ledger, Who has access to the lockbox, What processes are used to account for the money going in and coming out of the lockbox, etc? In our opinion, this is not appropriate. Even a small petty cash fund should have a structure around it as to how the funds are disbursed and how the fund is replenished.

      • I don’t know all the specifics but this is supposed to be the process:

        1. Checks are mailed to a lockbox to prevent theft. The bank opens the lockbox each business day, accounts for the funds, and deposits them in the HOA bank account.

        This is what you should ask your HOA.

      • HOA Reform Coalition

        We do agree, if the lockbox is solely to store the checks for security purposes and are directly deposited into the POA account then this would be a justified reason.

  43. There is a dog being left outside In 44 degree weather in KB homes Sundance crossing. It cries all the time during the night or day. I contacted the police and they said they tried knocking on the door but no one answered so they can’t do much and also the weather isn’t like the winter storm in February. This dog is clawing at there back door constantly and crying out loud. He told me to contact HOA.

    • HOA Reform Coalition

      Thanks for contacting us. Your complaint is a common complaint whether someone lives within an HOA or not. Barking dogs can be a nuisance to the entire community. If you contact your HOA, what do you expect the HOA to do? Most likely the HOA can send a letter to the homeowner asking them to do something with the dog. Even if the HOA went to court over this, it would be several months or years before it is resolved. You stated that you contacted the police department, have you tried to contact animal control or the SPCA and see what options may be available there. These types of organizations are more equipped to deal with this situation than what an HOA can do.

  44. Is there a way out of paying association fees if they do not offer any services (pool, tennis, basketball, etc) that we as homeonwers are meant to ahve by participating? so many houses have run down fences and loose dogs. The sidewwalks are destroyed and nothing is being done and there are no meetings under the excuse of covid which is ridiculous as its 2021 and it can be done virtually. What exactly am I even paying them for?

    • HOA Reform Coalition

      Thank you for contacting the Coalition. We know it can be frustrating to HOA member to pay dues when expected services within the community are not being done. However, the Coalition advises, whether or not the HOA is providing expected services or not that you pay your association fees/assessments. HOAs have been given the ability to foreclose on your home for non-payment of dues in a fairly speedy process. Do not lose your home over this. Pay your dues. As a member of the association, you have a right to see and request a copy of the financial reports to find out where the money is being spent.

  45. HOA has allowed LLC to become inactive. What are the implications of that?

    • HOA Reform Coalition

      Honestly, we do not know the implications of the LLC becoming inactive on an HOA. Not all HOAs are LLC to start with but are registered organizations. Some HOAs are 501c4 tax exempt organizations and other are not. You need to contact someone who is more familiar with the implications, if any to your HOA.

  46. If a board member has been denied the right to speak at a Members meeting pursuant to Texas Property Code Sec. 209.0051.  OPEN BOARD MEETINGS. (c-2)  A board meeting may be held by electronic or telephonic means provided that: (1)  each board member may hear and be heard by every other board member: Should the meeting be terminated then?

    • HOA Reform Coalition

      You bring up an interesting aspect concerning meetings and the ability for Board members to speak. There are Boards where certain Board Members are prevented from speaking. One would think that Board Members should have the ability to voice their opinion during member meetings. With that being said, there is no automatic adjournment because a member is not given the ability to speak. Adjournment would need to be done via a motion and follow Robert’s Rules of Order. The Board Member may have the right to sue the HOA if they are not being given and opportunity to speak. But this is something that an attorney would need to advise on.

      As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  47. Where can I find HOA laws for Developer run POA? Assuming they have some differences in nonDeveloper run POA’s?

    • HOA Reform Coalition

      In general, the same statues that governing both Developer run POAs and non-Developer POAs. Some of the statues are applied equally. Other sections of the statues will have exceptions for Developer run POAs. In general, there are less statues covering developer run POAs.

  48. Can HOA in Texas put a lien on your property solely due to fines or violations?

    • HOA Reform Coalition

      The short answer to this question is if your HOA has judgement against you concerning fines and violations the HOA can file a lien against your property. This is a common practice by some attorneys to ensure that the property records reflect that such judgement has been issued and to let general public know that if this property is sold, that there is an outstanding debt or violation that needs to be addressed at or before closing.

      If you would like to consult an attorney about your particular situation, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  49. The property I reside has not emptied a construction dumpster since May 2021. The dumpster is overflowing and a filthy eyesight. I have contacted the HOA twice and basically have been told that there are two HOA governing entities and they both are denying responsibilities. I pay my dues and the emptying of the dumpsters on the property is included. I need help.

    • HOA Reform Coalition

      Your complaint about your HOA not fulfilling their duties is not an uncommon one. Whether it be not dealing with the dumpster, mowing common areas, maintaining amenities and etc complaints like these are very common. As for a suggested path forward, since both HOA entities are denying responsibility, the first thing to ask them is if they are not responsible then who is? If they are pointing fingers at each other, maybe you can help them find a common ground where each HOA entity pays half to get rid of the dumpster. If there is no resolution or the HOA entities don’t know who is responsible, we suggest that you contact Health and Human Services or the Sanitation department for where you live. Make the case that this is an unsanitary thing and needs to be dealt with. Provide them the information concerning which HOA entities you believe need to deal with this, the names and contact information along with the dates that you met with or spoke to these boards, who you spoke to and a summary of what was said. This will help the government agency understand the process the you went through to resolve the situation.

    • Here’s one for the ages. October 2019 our b.o.d. was given a letter from the mayor of Onalaska Texas. Saying that because our entrance street is a main traffic thoroughfare it now belongs to the city. Under the Texas bill of rights the only way they can get our street is by dedication of the members, disrepair, or by paying for it. To this day our b.o.d. has done nothing. I filed with the police department in February. The police chief did an investigation and interviewed our president he responded that the city could have the street. In order to dedicate a street the board needs 25 percent of the members to agree. Yet most members do not know that the city stole our street. Unless you have been to a meeting you were not informed. It’s my belief that our president and all officials of the city should be in jail. P.s. on the agenda I took this matter to the city council twice. They went silent and refused to reply.

      Let me know what you all think

      • HOA Reform Coalition

        In our opinion, the Board and City should have been more upfront about what was going on with the street. There may not have been much the HOA could do. If the City needs a certain property for the betterment of the community, the City can exercise its right of eminent domain. The right of eminent domain will trump the DCR voting requirement to deed property to an entity. Most cities do not want to do this except as a last resort. Based on what you said, it sounds like the HOA wasn’t going to fight the City in taking over the property.

        **Disclaimer – Everyone’s situation is different and this is not legal advice**

  50. Is there a law that requires an HOA to follow their governing documents?

    • HOA Reform Coalition

      To our knowledge, there is no law that requires an HOA to follow their governing documents. There is a law that states that if there is a violation of the State Texas Property Code 209 then an owner in the subdivision can bring a lawsuit against the association to Justice Court (TPC 209.017). There have been laws proposed in the past to require Board Members to acknowledge that they have read and understood the governing documents for their association but these proposed laws were never passed.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • There’s not a specific law. But the governing documents are a contractual agreement between the Association and it’s members. Therefore you can file a case for breach of contract and even do so in small claims court as long as the amount is under $10,000.

      I have filed twice against the HOA I was living in.

  51. We as a community have a bad and seemingly illegal situation. Our Board of Directors have refused to follow the governing documents. It is a condominium HOA. Their latest act is to refuse to step down by denying us of an election to elect new board member. The election was to be third Monday of October. The presidents two year term has expired, the treasurer has one more year on his term, and the third member has always been ignored but was appointed to fill a vacancy. There is some serious financial concern in the community. This BOD as currently constructed has made themselves responsible for next years budget and possibly a special assessment. This can’t be legal. I would like to halt all actions of this BOD until after we have a proper election. We can call a special meeting to remove the BOD and appoint a new one. It would require 51% of the owner and I think we have that. Can we block their activity? And, who in Dallas county can we turn to for help. The community is Turtle Lake Estates in Irving.

    • HOA Reform Coalition

      Unfortunately, the protections that have been given to HOAs that require elections for Board members when a term expires has not been extended to Condominium Owner Associations (COA). The Texas HOA Reform Coalition has support the extension of this provision as well as many other protections that HOAs have to COAs. In the 2023 Legislative Session, we plan to continue this on our platform until these protections are available to those in COAs.

      Can you block their activity? That is a legal question, please contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  52. Our HOA has had a contract with a local golf course (that is not linked to our neighborhoods) for many years now. It is up for renewal this year and the HOA plan to auto-renew the contract unless more than 51% vote to stop the renewal. The issue is that they are requiring the votes to be submitted on a website that only about 10-15% of the neighborhood is registered on. Can you advise if they can require voting this way as I thought a written poll should be acceptable as well. Thank you!

    • HOA Reform Coalition

      The question is the contract that is under consideration requires a vote of the entire membership or can the Board act on the contract without member approval. If this is just a normal contract where the Board has the authority to act on the contract without a vote of the membership, then the “informal” vote (poll) that they are taking is to get input from community that has shown an interest in Board activities. So for those who want a say on this, then they need to be registered on the site to have their voices heard.

      If your governing documents require that a contract such as this requires member approval one would think that if only 10-15% of the subdivision is registered on a certain site that a Board would take this into consideration. Instead of providing this as the only means of voting, that a written ballot could be submitted or vote electronically via the site.

  53. We just moved into our new home last October (2020). I built a flower garden in the front yard and have many potted plants. Just received a notice of “non-compliance” from the HOA for violating community law of “visible garden.”!!! Is this even legal to threaten a home-owner in his/her own property? Doesn’t the constitution guaranty certain rights to private properties? My question is – can I take any legal action against this tyranny and expect to win? Thanks

    • HOA Reform Coalition

      Thanks for contacting us. Your complaint is not uncommon. There are many rules and regulations that are agreed to when someone purchases a home in an HOA. Your home is not your home, the community controls what modifications and improvements you can do to it that are stricter than building regulations. These are the freedoms one gives up when living in an HOA

    • If you would like to see changes in any of the CCR’s or Bylaw’s of your HOA you do have recourse. Look over the governing documents of the HOA and you will probably find where homeowner’s can call for a special meeting and in that special meeting a Bylaw or CCR can be changed. It’s a higher standard for a change in CCR’s than Bylaws in every case I have dealt with.

      The problem I see when people move into an HOA is that they never read the governing documents before they move in. That is like signing a contract without reading it.

      I lived in an HOA for 12 years, was Treasurer and President. I am not an Attorney.

  54. LoFH sent notice to remove garden pergola which has been on property over 4 years. Neighbor (1) across the street is the LoFH Treasurer. Picture attached to notice came from his second story window. Neighbor (2) adjacent to him has sent many notices about parking of our RV. Two years ago we hired an attorney and negotiated a 48 hour parking limit. All notices since then make no attempt to monitor time. We hired an attorney to send LoFH and both individuals a cease and desist letter. Neighbor (2) asked to discuss that letter in a closed executive board session. At the public September Board meeting when the Board was going to go into Executive Session I inquired how they would address the conflict of interest. The Board and Inframark Property Manager ignored the question and proceeded into Executive Session. Our Board does not allow Resident review of Minutes. After the Board approved September minutes at the October meeting and they were posted on the Association webiste, I reviewed the minutes. It does not mention my objection. The State of Texas does not have a public agency to receive complaints against HOA’s. What options should I consider for the November meeting?

    • HOA Reform Coalition

      According to Attorney David Kahne concerning the statue of limitation on deed restrictions, this question gets asked frequently, but does not have an easy, clear answer.

      With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

      There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

      There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

      There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.

      Our suggestion is that you request to have a meeting with the Board to discuss your situation directly. Any documentation that you have for the length of time that the pergola has been in place as well as any documents allowing you to park your RV bring with you as evidence of your position. Try to resolve this as neighbors first.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  55. Some months ago, there was a by-law committee meeting of which I was a member. One of our proposals was to increase the terms of board members from 2 to 3. All four of us agreed. However, I requested information on how to bring this change to the board since our by-laws state that members can “amend or repeal” a bylaw. But there is no procedure. The board ratified all our proposals and filed them so that the 3 year term will be effective in at our annual meeting in a couple of months.
    I requested that the board ask members to ratify the new terms at that meeting and the president has said there is no need since the board has already ratified. Our by-laws stated (7.07) that members can amend or repeal a by-law but does not provide any procedure to do so. I have no problem with the 3 year term but do have a problem with the board being able to unilaterally determine their own terms. I have submitted an amendment to 7.07 that would mandate any changes in the number of board members or the terms of office must be approved by the membership. Now I must appear before the board to discuss this amendment. Any suggestions on how I should proceed are very welcomed.

    • HOA Reform Coalition

      This is a common problem of HOAs where the Board can amend the bylaws without a vote of the membership. Typically, the governing documents cover what is needed to amend the bylaws. It sounds as if your bylaws are silent to the procedure. The first thing you can do since you have a bylaw committee is modify the bylaws stating that the Board cannot modify the bylaws or repeal bylaw(s) without a favorable vote of x% (typically this is 10 – 67% pending on the subdivision) of the membership. The procedure to change the bylaws then can be developed and placed in your governing documents.

      It is very important that it is clearly stated that “the Board cannot modify the bylaws or repeal bylaw(s)”. This will prevent future Boards from making Bylaw changes without consent of the membership.

      If your subdivision falls under Texas Property Code 209, then at a minimum the Board needs to consider the bylaw change in an open meeting that has been properly posted.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

      • Thanks for your comments. The by-law committee finished its work and the board ratified everything, including a increase in the terms. I have now been told to appear before the board with a “change” which would require the board to have members vote on the terms and the size of the board and will ask for them to set up a procedure that allows us to vote on the bylaws.

  56. My HOA denied my request for solar panels because they are “causing unreasonable discomfort or annoyance to persons of ordinary sensibilities”. My request for an appeal has been ignored. Can I take that as a de facto approval?

    • HOA Reform Coalition

      If your HOA is subject to Texas Property Code 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm the section 209.00505 requires that the Board hold an appeal hearing if you have requested one.

      Also, Texas Property Code 202 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm may also come into play here. Section 202.010 Regulation of Solar Energy Devices where states: except as otherwise provided by Subsection (d), a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. Essentially, the HOA needs to provide a path for you to have solar panels and cannot prohibit them by saying “just because”. In section (d) it does provide the HOA the ability to have your solar panels removed if you do not get approval. Our suggestion is to work with your HOA in light of these requirements.

      If you need or seek legal advice, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  57. My HOA misidentified a violation, so we called upon receipt of second notice and resolved the concern. However we then received a third notice and fine after resolution and the HOA refused to acknowledge the error or waive the fine after we both called and reported the error and had a BOD hearing. What if any recourse do we have? Should we pay the fine even though it shouldn’t have been assessed in the first place?

    • HOA Reform Coalition

      It seems that your HOA is being very unreasonable. In our opinion, they should just waive the fee. You contacted them that a mistake was made, they agreed but yet the situation wasn’t resolved and now you have a fine. Fines can escalate in costs as additional charges and fees are added.

      At this point, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Take it to your precinct’s Justice of the peace file against the B.O.D. for failure to over see the deed violation was corrected in the assessment of the fine. But first send a certified return receipt requested letter explaining dates and how this infraction was corrected. Wait for a respond. I am not an attorney. Consult with one. Some are free and others generally less than $150.00

  58. Our HOA just informed us that they intend to place their own speed cameras in the neighborhood, issuing speeding tickets of up to $335. It seems that the legality of this varies in other states’ HOA laws. I know that it’s prohibited for authorities to use speed cameras/red light cameras in Texas. Does anyone know if restrictions apply to an HOA trying to enforce this? It seems way beyond their remit.

    • HOA Reform Coalition

      In our opinion, is beyond what an HOA should be doing. It somewhat reminds us of the case in Florida where a Neighborhood Watch Committee member overstepped his bounds, see article https://www.cnn.com/2013/06/05/us/trayvon-martin-shooting-fast-facts/index.html How far can an POA reach in cases like this whether it is speeding, neighborhood watch and etc can lead to additional liability to the POA.

      Governor Abbott in 2019 signed the red light camera ban into law https://www.dallasnews.com/news/politics/2019/06/03/gov-greg-abbott-signs-red-light-camera-ban-into-law/ How this exactly applies only to speeding is a debate as well as whether or not the HOA can fine for this. The ability for an HOA to fine for speed may be dependent upon if the roads in your subdivision are private or public.

      Fundamentally, HOAs should stay out of police matters. The HOA can remind residents not to speed, request patrolling during periods when speeding is more prevalent, have “whats your speed signs installed” and so forth. A more appropriate solution would be for the HOA to hire off duty police officers to enforce speed limits.

      With that said, your best option is to contact an attorney to determine what your rights are.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  59. Our Master HOA, Craig Ranch in McKinney TX approved their budget at the last board meeting but did not disclose that there would be raises to dues until I questioned them and then they said dues would go up 14%. This was on top of 10% last year and 7.5% the year before. I thought they had to inform up of the increase prior to the vote. They then sent out an email to the residents about events happening and buried in it the increase to dues. Now they’ve decided to hold their board meeting at 4pm instead of the usual 6pm.

    • HOA Reform Coalition

      If your HOA is governed by the Texas Property Code section 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm. Yes, there are some requirements, specifically section 209.0051 Open Board Meetings. In this section, it outlines certain votes that require an open meeting for consideration and a specific amount of time (144 hours) for the posting to be made before the meeting. Your governing documents may specify limits that the Board can increase the dues before a vote of the entire membership needs to be taken. As for the time of the meeting, check to see if your governing document specify a time that Board meetings need to be held at or no early than.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  60. I bought the property. But the HOA had a lien against the previous owner .
    I had nothing to do with that . I shouldn’t be responsible for that debt. So why didn’t the HOa put the lien in the new house of the last owner. ?
    That lien should not be on my property that is unfair.

    • HOA Reform Coalition

      This does seem unfair and something that should have been resolved during closing such that any liens be paid off so that the title to your property was clear ownership to you. You may want to go back to the place that did your closing/title search and ask why these liens were not paid off as part of the closing on the sellers side.

      Since there are legal aspects to this question, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

      • Yes, it should have been settled through the closing process. The title company should have checked for liens on the home so you would have clear title.

        The HOA should have issued a resale certificate on your home which is suppose to show what amounts are owed by/owed to, the seller and buyer. And that resale certificate should have shown these amounts. The Title Company should have made you aware of the resale certificate and asked for your approval before being put in the closing documents.

        Texas Property Code Chapter 207 requires an HOA to provide disclosure. This disclosure/information is done through what is called a “resale certificate.

        Here is a link to that resale certificate.

        Click to access 37-5.pdf

        Disclaimer: I am a previous President of an HOA, and not an Attorney. This should not be construed as legal advice

  61. So in 2017 I filed a fair housing complaint against my HOA. In a current lawsuit discovery my HOA turned over documents from 2017. During the Fair Housing investigation, a board member, a retired Police Detective, paid for an extensive background investigation of me and all my family. Included in the investigation documents was my families SSN. Is this legal, to obtain and use someone’s SSN without their knowledge, and then to share it with the board members?

    • HOA Reform Coalition

      We completely understand your concern here. Especially with the number of folks who have had their identities stolen using information such as social security numbers (SSN). Even in the Texas State Statues, with respect to renters, there is allowed information for a POA to receive but one of those items that cannot be collected is SSNs. So one would think that members of a POA would be afforded the same consideration. However, since this is a legal question, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • I was an trained investigator in the Air Force among many jobs. In the process of dealing with my homeowners association board, I discovered that since I moved here in 2015, the board has run a scheme whereby the same few are always elected to the board and they limit who can get their name on the slate of candidates, mostly the same 5 to six people over the past several years in violation of Texas Property Code 209.

      I am in a lawsuit with the association to stop the taking of my home after the board engaged in malfeasance in to amend our covenants by collecting Proxies after the fact. The change was implemented to affect me.

      I turned over what I learned about the election of board of directors, he amended our petition to the to the court and shared with the association attorney what we have learned. There has been nothing but crickets. Given that the property code states that any board members elected in violation of the statute is void, do we still have a board? If not, how does the association go about reestablishing the board. Also during the period that the board was invalid, the board sold about $600,000 in teal estate owned by the association without the proper notification in 209. Can the membership seek restitution?

      • HOA Reform Coalition

        Unfair election practices can occur in any HOA especially since HOAs make the rules governing the actual election itself. The is no unified election procedure for HOAs to follow. There is some aspects that are covered in the Texas Statutes like recounting votes, who can run for a Board position, how to handle ballots and etc. Your question is very specific to your subdivision and is a legal question, please contact Attorney David Kahne and post this question on his website https://texashoas.org/ at no charge.

  62. Our hoa dictates everything that is within the fence of the homeowner that are invisible to the outside. For example, the HOA would not allow homeowner to switch out dying grass due to lack of sun (because of the proximity of the house next door, thus creating shade) to synthetic turf. Do you know of any potential solutions to this? Thank you so much!

    • HOA Reform Coalition

      Unfortunately, this is what life is like in an POA. When you purchased your house, you agreed to be bound by the governing documents and the associated restrictions, whether visible or invisible from public view. What you can do is try to formally request that you be allowed to put in synthetic turf by going through the normal processes. There are some new state statues, if applicable to your POA, Section 209.00505 where if your application is denied, the POA provides you with the reason for denial and provides you the ability to appeal to the Board. Maybe this is a way to have your issue heard by the Board to receive a variance to the current written rules. In most cases, the ARC committee cannot grant a variance, however the ARC may weigh in whether or not a variance should be granted. But the Board can grant variances.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Xeriscaping is a Texas law. Click on the link I am including. Texas law overrules HOA DCCRs. You are conserving water with artificial turf. Case closed.

  63. My TX HOA has a bylaw that “regulates” who can be at my home if I am not there. This includes my blue ribbon 27 year old grandson who has 2 college degrees, is gainfully employed and has never been in trouble with the law. Furthermore I can’t employ a house or pet sitter if I am out-of-town. Has anyone ever heard of a restriction such as this?

    • HOA Reform Coalition

      This is the first time we have heard of any restrictions along these lines. Maybe we can get some input from those who follow this site and see if there are others that have similar restrictions.

      • I’m not sure about this. And I don’t have the time currently to dig intro it. But I did find a resource page that may help.

        https://www.hopb.co/texas

        -I’m not an Attorney, just a Previous President and Treasurer of an HOA

  64. I want to know if there is a cap on fees that the hoa can charge?
    Would love to discuss my issue.

    • HOA Reform Coalition

      Fees and fines are two issues that the HOA Reform Coalition of Texas has tried to put limits on in the past legislative sessions. Unfortunately, we have not been successful in creating hard limits in these areas. The Texas law uses the terminology “reasonable” when fees and fines are used. Therefore, fees and fines are currently controlled by the POA governing documents. Texas Property Code section 207.003(c) does have limits for the preparation of documents for a sale of a home https://statutes.capitol.texas.gov/Docs/PR/htm/PR.207.htm

      The HOA Reform Coalition of Texas will continue to pursue limits on fees and fines since these can significantly burden homeowners.
      Note: This is not legal advice.

  65. I just received a notice of violation for my trash cans being put out to early. My Trash Cans have been in the same place for 15 plus years (not kidding). Along with several other neighbors who store them in the same area. I’ve been told that they must be stored in the car port. There is no room in the car port due to a storage shed being built in years ago. Do I have any options? If this is correct, they haven’t enforced it in over a decade.

    • HOA Reform Coalition

      Your question is similar to the statue of limitations concerning the enforcement of DCR violations. From Attorney David Kahne’s website concerning this topic, https://texashoas.org/faqs/:

      This question gets asked frequently, but does not have an easy, clear answer.

      With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

      There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

      There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

      There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.

      If you desire additional legal advice since your situation is a bit different with an uncompleted project, we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org At the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  66. What recourse do residents have if the board is not publishing minutes, meets in private and does not publish financial records other than a balance sheet.

    • HOA Reform Coalition

      There are no laws that require the POA to publish meeting minutes or financial records to homeowners. If there are any requirements along these lines, this guidance would need to be in the POA governing documents. If your POA is an HOA, and is covered under the Texas Property Code 209, there are specific ways homeowners’ can obtain records (Section 209.005) and meeting notice requirements (209.0051) https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm

      Note: This is not legal advice

  67. If the law meant it to apply to policy it would say so. It doesn’t. There are rules governing interpretation of laws. One is to interpret the lsse as written using the commonly accepted meaning of words. Google law interpretation and read up on the topic.

    Don’t fight them unless they fine you with no meeting. Let them take you to court and that will resolve it. Arguing will just get your blood pressure rising.

    See http://www.law.georgetown.edu>2018/12. It explains.

    Note: This is not intended to be legal advice

  68. Developer owned POA, collects dues to cover taxes/insurance on amenities, but has not paid those items in 3 years (per court records) but still reflects them as an expense paid on the brief (unauditable) statement provided. What remedy do property owners have on mishandling of funds such as this?

    • HOA Reform Coalition

      There is no specific remedy to the situation you describe. The best solution is to get a group of neighbors that share your concern and approach the developer with these specific questions.

  69. I doubt the Attorney General would be interested…maybe your county attorney or DA…but they are usually buddies with the POA

  70. In Sec. 209.0051 (h), it lists several items that must be considered or voted on in an open board meeting, namely “fines”. I recently learned from our management company that they think fines, as listed in that subsection, only refers to changes in fining policy and that actual fines against a homeowner are not required to be voted on by the board, as long as there is a fining policy in place for the management company to handle them. I didn’t think a policy could circumvent subsection (h). I’m just curious others take on this.

    • HOA Reform Coalition

      The Texas HOA Reform Coalition supports your interpretation of the statue. In our opinion, the Board can discuss in executive session the basis of the fine against the property owner. Just like the Board would discuss the foreclosure proceedings in executive session. However, the recorded vote to proceed with the assessed fine or similarly foreclosure would need to be during the open meeting portion of a meeting that was properly posted also per the statute. Even though there is a policy on the assessment of fines, the management company should not automatically assess such fines without the Board approving such action.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Look into Texas Deceptive Trade Practice Act  even the insurance industry is afraid of this one.

  71. Can my HOA force me to complete a project on my property that was started by the previous owner over 10 years ago? Their lawyers just sent me a Notice of Violation of Protective Covenants specifically for failure to complete construction of an improvement on my property.

    • HOA Reform Coalition

      Your question is similar to the statue of limitations concerning the enforcement of DCR violations. From Attorney David Kahne’s website concerning this topic, https://texashoas.org/faqs/:

      This question gets asked frequently, but does not have an easy, clear answer.

      With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

      There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

      There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

      There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.

      If you desire additional legal advice since your situation is a bit different with an uncompleted project, we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org At the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  72. My final lien payment was paid May 4, 2021 via a law office and the HOA. It is now Sept. 21. I am told all fees have been paid. Nothing else is due. I have asked both entities in writing for my lien release. Neither has provided it. A month ago the HOA said it was signed and ready to be sent to the law office. I have received nothing. I have one lone low level contact at the HOA office. All other names are not public or findable online. We’re heading into the 6th month since I cleared this debt. I want to sell my house, but dare not get started. What leverage do I have to wrest this document from them immediately. Would it help to report them to the Attorney General’s office or some governing legal entity with teeth? Or are all those entities good ole boys club members?Thanks for your help.

    • HOA Reform Coalition

      The lack of response by a POA is a common complaint. There is not any oversight of POAs, so reporting them to the Attorney General or other organizations does not yield any substantial results. There are a few things you can do.

      Since the lien and release should have been filed in the County Property records, you can go to your county property records and search the database to see if the release has been filed. Typically, there is a method within the County website that you can get a copy of the release, if you desire one.

      The second way is to formally request a copy of the filed release through your POA using the methodology the Association has established for members to get copies of association records. This policy varies from association to association.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

      • Thank you for your quick and helpful reaponse. I now know other ways I can check ststus.
        As it turned out the day I wrote you, I also sent a red letter emphasized email to both the attorney and POA declaring the inexcusable 6 months of delays, where it was a month before and I WANT IT NOW.
        Within an hour I had it via email. Not because my flaming words scorched them but because it so happened that its monthlong journey across town to a signature coincided with my declaration of war. And someone there decided to end it and send it rather than enjoy torturing me more and put up with my blasts that I made sure they believed were coming.
        I am grateful for you and others for digging in to get this country out of the HOA prison. I won’t live to see their power dissolved, but I am here to help. Let me know when.

      • You can also check your County Records website to see if they filed the removal of the lien.

        Search by the name of your HOA. If it’s there you can download a copy for a small fee. If it’s not there and you actually have documentation from your HOA showing that you fulfilled your debt obligation, you could also go ahead, out your house up for sale and the Title Company can clear the lien. If the HOA does not cooperate the Title Company usually has their own in house attorneys and they will take care of it.

        I ran into a similar issue when selling my home and that is how the Title Company handled it.

        Disclaimer: I am not an Attorney and this should not be construed as legal advice.

  73. I have a Board that is not responding to emails / letters sent. They are being responded by the Property Management Company.

    I have requested a copy of a check that was written to one of the Board Members for over $15,000. I have requested the documentation that backs up the check. I have been told I have to request through by submitting an open records request to view the all the receipts, contract and complete backup. Is this correct? If the Board wasn’t hiding something, why would they not share to eliminate any integrity issues?

    • HOA Reform Coalition

      If your POA is subject to Texas Property Code Sec. 209.005 ASSOCIATION RECORDS, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm there is an official way to request such records. If this code applies then your Association should have a policy on how to go through and request various records. You will need to refer and comply with your Association policy to obtain the records that you are seeking. If your association is not subjected to this code, then your governing document should have the mechanism for members to review the records of the association.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  74. Are HOAs required to maintain minutes of ACC meetings where the ACC is separate from the board. Without documentation how may residents assured of consistent application of guidelines. Are these procedures part of HOA books and records?

    • HOA Reform Coalition

      It would be a best practice for a HOA to keep meeting notes of all committees, especially those that have decision making authority. However, whether or not this is required is dependent upon the requirements of your specific community and what the governing documents specify that the HOA is required to do. An HOA can update their policies and bylaws to required that these types of minutes are kept.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  75. I bought my house (new build) in August of 2018. I have a 3 car garage with 3 vehicles inside. My garage is behind the house and backs up right to the alley. There is no driveway. I have a 4th vehicle, which I have always parked on the public street right outside of my house (corner house) where I can see the vehicle through both my kitchen and bedroom windows. After 3 years of parking on this street, I just received a notice from the HOA on 08/30/21 that states: “Violation: Street Parking – Parking of vehicle(s) in the street is not allowed and must be parked in driveway or garage only.”
    Vehicles are parked throughout the streets in our community (not a gated community, all public roads) and so far I am the only one to receive this notice. Is this legal? Can I request some form of proof from the HOA that they have the authority from the city to ban parking on public streets?

    • HOA Reform Coalition

      This is a problem in many HOAs. Can a HOA enforce restrictions on public streets within the HOA? This type of question has been posted on various Facebook and Nextdoor sites.

      There are two schools of thought on this topic. (1) It’s a pubic street, so the POA cannot enforce restrictions. (2) A person can waive rights when moving into a HOA, and may have done so, depending on the deed restrictions.

      The Texas HOA Reform Coalition experience when dealing with this issue within their own HOA was the subdivision attorney advised that the HOA does not have the right to enforce parking on public streets. Just like the HOA cannot enforce speeding on the public streets. If there are parking violations occurring that are covered with the city ordinances, junk vehicles, parking for greater than x hours, then the HOA can call the city to enforce those parking restrictions or the HOA can request that the city post signs that no overnight parking is allowed.

      Since you mention that others are parking on the street and not being bothered you should question why are you being singled out (selective enforcement) You do have the ability to question the authority of the HOA to enforce parking restrictions against homeowners.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  76. I am a disabled Vet that is trying to take care of my wife that is 100% disable and my Veteran Daughter who is also 100% disabled. I have tried to work with the HOA to allow us a variance to put up a privacy fence and have been denied 3 times. The developer maintain control of the HOA until January of this year in violation of when the HOA should have been formed. He gave a variance to my neighbors in January to put up privacy fence right before he formed the HOA board. The HOA is now trying to levy fines against us because we put up a fence that meet our needs. What we requested for the third time was denied and what they told us we could have did not meet out needs. Also, They also put up requirements that the neighbors did not have to meet.

    We informed the HOA that the VA was providing this and need a response asap. I have a chain of emails and by the dates you can see the HOA trying to drag this out so the VA funds would run out before we could get approval.

    We are looking for some assistance to make the HOA provide reasonable accommodation for us. Because both my wife and daughter uses the pool for physical therapy we do not want the world see them struggle to get in and out of the pool as well as the neighbors being able to look into my daughters bedroom windows and the master bedroom and bathroom.

    Any help you can provide is greatly appreciated.

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      Also, HB3571, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB03571F.pdf#navpanes=0, was pass June, 2021. This Bill addresses a common complaint that associations refuse to let owners protect themselves and their property, new Property Code § 209.007 confirms owners can have security cameras, motion detectors, perimeter fences, or other security measures on their own property. Associations can, still, regulate the type of fencing. This may be useful if your subdivision falls under this section of the Texas Property Code. Again, you should discuss this with an attorney.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  77. Are Property Managers to lead Board Meetings? The president of our HOA Board, turns the meetings over to the Property Managers to lead the meetings.

    • HOA Reform Coalition

      There is nothing wrong for the President to delegate who leads the meetings unless there is something in your governing documents that prevents the President from delegating this task.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  78. What rights do homeowners if the By-Laws require two signatures for check issued over $5K but did not have two signatures when presented for payment. We currently have three (3) checks issued, $60K, $33K and $15K and all only have one signature. Also, the check for $15K was made out to a board member individually.

    • HOA Reform Coalition

      Transparency of a POA is very important. When irregularities or perceived irregularities occur the trust in the Board is shaken. The Coalition has been working to increase the transparency of POAs throughout the state. We have a lot of work still to be done in this area.

      The problem that you refer to is local to your POA since governing documents are different from POA to POA. Fundamentally, this is should be a financial audit finding if the POA is required to have checks over a certain amount with two signatures per the bylaws. So has your POA done a financial audit? If so, what were the findings? Was this issue concerning the number of signatures on a check identified as a deficiency? What is the plan by the board to prevent this from happening in the future? If no audit has been done, the POA may want to start to conducts such audits on a routine basis to ensure these types of problems don’t occur or are identified an addressed.

      If embezzlement can be proven then you need to contact an attorney for legal advice.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  79. My property is subject to two property owners’ associations, one the usual hoa, the other maintains local greenbelt trails. (Harris County, TX)

    I have been a director of the first for several years.

    In May I attained directorship in the trails association

    Having questions about the then current board members, the length of their terms of office, at which annual meeting each was elected or if not elected, at which regular meeting were they appointed, and how it came to be that two cohabitating married individuals were both on the board, I directed those questions to the management company.

    IMO the information requested is available and may not be sequestered. Yet, to date (two months approx) the management company has neither provided an answer nor has it explained why it has not.

    Comments and suggestions appreciated. I am ready to take these clowns to JP Court in an effort to keep them honest.

    And yes, even though I am now a director of the association I cannot get the info requested.

    • HOA Reform Coalition

      You are asking a complicated question which we have not addressed before. We suggest that you contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      The governing documents of the greenbelt trails should specify the Board Terms and how each are to be elected. How this particular POA is governed by the Texas Property Code is unknown to us but an attorney should be able to guide you through this.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  80. My HOA has new leadership and has begun enforcing restrictions on yard art that I inherited from the previous owner. For 13 years I hear nothing from them, and then all of a sudden, here come the letters. Is there a statute of limitations beyond which an HOA can no longer enforce a restriction? I’ve heard it’s four years in Texas but I’m looking for confirmation.

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. We believe that there should be a limitation on unenforced restrictions that have been allowed to exists for years without any complaints by the HOA. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      UPDATE:
      Per Attorney David Kahne’s website, https://texashoas.org/faqs/:

      This question gets asked frequently, but does not have an easy, clear answer.

      With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

      There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

      There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

      There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  81. Looking for a precedent. My HOA board has been working hard these past few years to keep me off the Board. I think they are playing fast and loose with election laws, and the guidelines set in our by-laws which state “one-tenth of the vote” is require to establish a voting quorum and hold an election.
    Recently we had two seats up for election, each household in the neighborhood could vote twice. Many people only voted for one candidate on the proxy form they mailed in. The Board tried to declare that the “one-tenth” required in our by-laws referred to the proxy form, not the number of votes tallied on them. I have no idea if they count two forms, one with two votes, and the other with one as only two votes, instead of three.
    I have little doubt my Board was trying to get around the rules, but can anybody tell me of a legal precedent, clearing up this matter?

    • HOA Reform Coalition

      You will need to refer to your governing documents as to how a quorum is established. Typically, a quorum is based on the number of lots in a subdivision. So you need 10% of the lots to be accounted for, whether in person or by proxy, to have a quorum for a meeting. If your subdivision is subject to the Texas Property Code 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm, two sections may be of interest to you, Sec. 209.00592. VOTING; QUORUM and Sec. 209.00593. ELECTION OF BOARD MEMBERS, In the second section, there is a provision (b) for a Board to amend the bylaws by reducing the quorum requirement for elections only to ensure that a Board member is elected at the meeting.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  82. I moved into my home 13 years ago. At that time there was a 2′ high wooden decorative bridge in my front yard. The HOA never said anything about it until last June when they told me it had to be removed since it was unauthorized lawn art. Can they do this? Is there a statute of limitations that would prevent it? After 13 years, this action seems arbitrary and capricious.

    • HOA Reform Coalition

      There should be a limitation on how long “unauthorized lawn art” exists where the HOA has not enforced or requested its removal for over a decade. At this point the “lawn art” has become part of the existing neighborhood. Since this requires a legal opinion, we suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      UPDATE:
      Per Attorney David Kahne’s website, https://texashoas.org/faqs/:

      This question gets asked frequently, but does not have an easy, clear answer.

      With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

      There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

      There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

      There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  83. Hello, we just had an election in our lake community a Cedar Creek lake and I’m finding the current board is in violation of Texas Property Code 209.00594. There were 4 of 7 positions coming up for a vote and the 4 incumbents all counted the ballots instead of a neutral third party. Also, the board chair who was also running to be re-elected had the community send their ballots to her direct board email address. Not only does this violate Texas law, but it is also extremely shady. We finally received the vote tally 4 days later, with no witnesses to the vote counting. They could have thrown out votes or made up new ballots for all we know. Is there any consequence to a board that does not conduct election vote tallying according to Texas Property Code?

    • HOA Reform Coalition

      There are procedures in the Texas Property Code 209, Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. on how elections are to be conducted. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm You will need to verify that your community falls under this section of the Property Code. There is a new law in the 209 property code that will be going into effect starting September 1, 2021 New Section 209.017 Takes A Step Toward Use Of Justice Courts To Facilitate Dispute Resolution (SB 1588, §21) New section 209.017 confirms that owners can sue in small claims court for violations by the association. Seeing that your election was before this date, you will need to consult an attorney to see if pass actions that a violation of the Property Code can be brought to court under this new law. As a suggestion, you can contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Yes if you can get as many concerned members as possible and file the your local J.P. court. The board of directors must abide by the doctorial instruments (by-laws & restrictions

  84. Our HOA phone number never rings, no voicemail, they never answer emails through the website, but they send out letters and fees and fines all the time. I’m currently being fined for several items that they “take pictures” of without any time stamp or anything. How do I get a hold of someone? The website doesn’t have any contacts or board members listed except for the treasurer. They have a file in the documents from 2018, but in the manual says the terms are for 1 year? I’m so confused, I hadn’t had any problems until recently when they started charging me fines for my grass when I have it cut by an actual Lawn company, they send photos saying it hasn’t been cut?

    • HOA Reform Coalition

      It can be frustrating when an HOA does not respond or for that matter makes it difficult for you to contact them. Here are a few suggestions for you that could work.

      First, see if you can attend an HOA Board meeting so that you can discuss the issues that you are having. There are requirements for some HOAs that are subject to Chapter 209 of the property code to give notice of the meetings. Since you have contact information for the Treasurer maybe they can help you get on the agenda.

      Another idea is to send a registered-return receipt letter to the HOA requesting a meeting concerning these various issues. There must be some return address on the letters that you are getting from the HOA. In the letter request that you would like to meet with the Board and the management company in-person or a Zoom meeting. Mention the difficulties that you are having in contacting them and the various ways you have tried to contact them in order to resolve these issues. Also consider sending an identical letter in regular mail. The return-receipt will provide documentation that the HOA received your letter in the mail.

      If a management company is involved and it is convenient, go in person to the management companies address and see if you can talk to your property manager to resolve this.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  85. Our President term is up, but he refuse to step down and our management service has decided not to enforce that by-law. Who is required to make him acknowledge our by-laws section 5.02? Our management team or us the members?

    • HOA Reform Coalition

      Your question has legal undertones pending on the entire situation. The management company is hired by the Board and works for the Board. When enforcement or interpretation of a bylaw or restriction is required, the Board with the assistance of the subdivision attorney may provide clarification. The management company may execute the enforcement but it is instructed by the board to do so. If there is a question about enforcement against a board member, it may take the other members of the community to speak up.

      Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  86. My HOA does not keep or share minutes for the ACC. They frequently make exceptions to the CCRs and no record is available to understand the rationally.

    Our ACC is separate from the board so don’t the same open meeting requirements apply so there is transparency?

    • HOA Reform Coalition

      You raise an intriguing question. Are the ACC document considered official documents of the HOA and therefore required to be kept and accessible if a member requests them? There are some Texas Laws that cover access to records and how to go about requesting such documents. But we do not have an answer for this question. We suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

  87. My HOA has issued an assessment of $79 to every homeowner in addition to the $495 annual dues. There is very little the HOA offers our community and we are a community outside of city limits. An ETJ actually. I already have a very good security system on my home with cameras and do not feel the need for a community wide system in common areas. The intent is to help with the increase of crime, but we also already pay for a designated patrol contract through our water board (MUDD) with the Constables Office. What options do I have to be exempt from this assessment or have the program shut down?

    • HOA Reform Coalition

      You can check into your governing documents to determine if you HOA can assess special assessments and any restrictions associated with these types of restrictions. Most HOAs do have this right to establish special assessments on an as needed basis. As part of a HOA community it may be difficult for you to be exempt from the assessment. All homeowners share in the burden for the costs associated with the subdivision. Although this may seem unfair or not needed, your board has decided to move forward with this assessment. This is one of the problems of living in a deed restricted property.

  88. Finally we can have needed the reform of the hoA laws for a very long time! We have tried to keep our HOA accountable and with the current situation we had a very difficult situation once we removed the President of our HOA for horrific abusive physical and verbal discrimination and paid numerous fines and fees without any knowledge of we removed her via emergency meeting voted her off the board and under the cover of darkness during the Covid outbreak and a freeze she resurfaced by proxy and numerous rescheduling and supposed changes of venues and dates for our annual board meeting-
    she became reelected as my husband was undergoing chemo and I was unable to attend a meeting in which we had no prior time to prepare for or even knowledge existing as it was sent out via mail chimp which as you well know goes to most of our spam anyone in the legal industry or in a corporate office knows that mail chimp information should never be used to send out a meeting information as you rescheduled a annual meeting and change the dates times so many different times it was impossible for me to keep up with while at the hospital and no cell reception after coming home from the hospital undergoing several trips to my husband‘s chemo treatment seem to be daily four months we discovered ones on the board more removed and the tenants who had no knowledge of her previous charges for discrimination and misappropriation of funds twice we paid legal fees under the disguise of HOA special assessments after we discovered thatWe contacted our own attorney and several inspectors and City Of Houston
    FEMA and now we have a new law passed to prevent the abuse from proceeding any further finally a law that will remove her and put her out for good as I cannot thank you enough four making it easier for those of us who live in a community that we love and members and homeowners for 20+ years only to be assaulted verbally and physically by a dictator disguised as a president once again but this time This time we have a law preventing it and those who choose to continue supporting her will also be held accountable thank God where are our government passing a new law HOA abuse never again!
    .

    • HOA Reform Coalition

      Thank you for the kind note. The HOA Reform Coalition, supporters and Representatives worked very hard to have this new legislation passed in SB1588. It is the first step in the process.

    • If she resurfaced by Proxy and those Proxy Voters were either herself and/or members of her family, that is in violation of the Property Code. .

      “Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. (a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners’ association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.”

      She would be in violation of this section since she and/or family members within the above definition were given access to a ballot that was cast. Since they were the one’s casting them. So once they voted for that ballot and turned in that ballot there were in possession of a cast ballot.

      Disclaimer: I am not an Attorney. This is the way I interpret the Section, and how we ran our elections while I was President of an HOA here in Texas.

      Sam Madden
      Garland, TX

  89. As a resident of an HOA in Texas, I’d like to hear how other HOAs have handled installation of Google Fiber and how they address changes to “common areas” in the HOA community.

    Recently, the HOA board of directors for my gated community received a request from Google for an access agreement to install Google Fiber in the community. This service would give all homeowners in the community an option to subscribe to Google Fiber services. To install the fiber optic cables, Google must dig trenches in the streets and run the fiber in long tubes under the surface of the streets.

    Because the HOA bylaws designate the streets in the community as common areas, the HOA must conduct a vote of homeowners and obtain a 2/3 consensus to allow Google to install the fiber in the streets. The bylaws also designate the front entry area and an undeveloped park area as common areas. My concern is the HOA Board has implemented changes to the undeveloped park area without a vote of homeowners yet now requires a vote on the Google Fiber issue.

    The changes to the park area included installation of wrought iron fencing and a gate with a keypad lock. The HOA board contends the fence and secured gate to the park are needed for security reasons and to protect wildlife in the area. The board also installed a small shed in the park area to hold equipment and holiday decorations.

    The HOA board did not conduct a homeowner vote on the enhancements to the park area yet now requires a homeowner vote on the agreement with Google Fiber. To complicate matters further, two of the board members who advocated for the new fence and gate for the park area live very near the park and would likely benefit most from the improvements. On the other hand, the Google Fiber service, if approved, would benefit the entire community.

    It seems the HOA board has a different set of rules for changes to common areas depending on the type of change required. One board member is concerned that Google will damage the streets and will not fix the streets if problems occur in the future. Can you offer any advice to help me address this issue with the board? Also, I’m interested in hearing how other HOA gated communities that designate their streets as private have handled issues with Google Fiber.

    • HOA Reform Coalition

      In this situation there is a difference in the type of improvements and which entity is doing the improvements. The improvements being done by the HOA on HOA common areas is typically within the power of the board to approve or disapprove pending on any restrictions within your governing documents. The projects that you indicate, fence/gate and small shed are typical project that an HOA board can approve without membership approval.

      The second entity you are referring to is Google Fiber. If Google Fiber, external entity that has no rights to HOA common property, is asking for an easement to install the fiber lines then this can be seen as a property transfer requiring the 2/3 vote of the entire membership. Whether this vote is required is specified in your governing documents.

      If you have questions about the easement or property transfer, you should consult an attorney about your subdivision requirements to do this appropriately. This post is not to be considered legal advice.

      Maybe other subdivisions that have done this could respond to this post and indicate how they handled it.

  90. The CCRs for our HOA do grant them the power to approve exterior paint color. However, they have rejected our request by saying the colors are “not harmonious” with the existing color scheme (even though the colors we submitted are already in use throughout the subdivision). My question is: can they deny using such vague language, without any concrete guidelines or color palette? Also, the CCRs do not provide for any fines beyond a couple of specific instances unrelated to exterior painting. Is there somewhere else besides the CCRs where they can get the power to fine homeowners?

    • HOA Reform Coalition

      Selective enforcement of restrictions or approval of ARC applications is a difficult problem to resolve. This is a complaint that is received quite a bit. The best suggestion would be to ask for a hearing with the Board of Directors and show them examples within the subdivision where the color that you chose is being already used in the subdivision.

      Starting September 1, 2021 a new law will go into effect, SB1588. Major Changes Protect Owners at ACC Hearings (SB 1588 §11) For subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  91. I currently have one issue with a board member who refuses to send me updates, quarterly minutes and won’t send me anything, I have to rely on other home owners to get updates, I have complain to the President and she is I believe afraid of this guy…. it keeps happening and its just a guy who is vindictive and bully… he is mad because I alway find things that are not kepted up or annouced.. but refusing to send a homeowner who is current on dues and etc.. there should not be any problems.. but there it is, this is just general updates so we get nothing…

    • HOA Reform Coalition

      The HOA Reform Coalition of Texas supports transparency not only for the membership but also those who may be considering to buy within a POA. For several years we have been advocating for more POA transparency and making the process of obtaining such information less burdensome for the requestor. We have more work to do in this area and plan on pursuing this in future legislation.

    • (Disclaimer: I am not an Attorney. So this should not be construed as legal advice. I was President of an HOA and prior to that had a lot of issues with a corrupt HOA Board)

      You may try this. Any communication with the board and/or its members should always be done by certified/return receipt mail. So you have proof of the correspondence and that they did receive it. So under the following section of the Property Code regulating HOA’s you could request that the notices be sent to you. And if the request is not honored, I believe the current fine if you would decide to take the HOA to court is $500, but with the new laws is going up to $5,000 as of September 1st.

      “Sec. 209.005. ASSOCIATION RECORDS

      (c) Notwithstanding a provision in a dedicatory instrument, a property owners’ association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner, or a person designated in a writing signed by the owner as the owner’s agent, attorney, or certified public accountant, in accordance with this section. An owner is entitled to obtain from the association copies of information contained in the books and records.

      (1) if an inspection is requested, the association, on or before the 10th business day after the date the association receives the request, shall send written notice of dates during normal business hours that the owner may inspect the requested books and records to the extent those books and records are in the possession, custody, or control of the association; or

      (2) if copies of identified books and records are requested, the association shall, to the extent those books and records are in the possession, custody, or control of the association, produce the requested books and records for the requesting party on or before the 10th business day after the date the association receives the request, except as otherwise provided by this section.

      Sam Madden
      Garland, TX

  92. It’s more a question, I live in a POA that put an above ground pool in is this legal. Plus want to charge a dollar a person.

    • HOA Reform Coalition

      Whether or not an above ground pool is allowed or not is dependent upon what is written in your governing documents. Some POA do not allow above ground pools other do. So this varies between POA and POA.

  93. Hello,
    My husband and I own property out in Cedarcreek Texas, we are selling.our land. The title company and our realtor have tried to reach the members of our Poa and still no response. We have been trying to contact them for 40 days now, per our realtor there is some important paperwork the Poa must fill before we sell. Is there an organization that can help us?

  94. We finally had our annual meeting yesterday, August 3, 2021 to elect three new Directors. There was alleged lack of Quorum in January and the 3 existing BOD (two had quit) were petitioned by a member to announce a new date which they finally did.
    There was a final vote tallied by the community manager who works for Real Manage however there was some surprised members at the outcome of the vote. There was no oversight in the tallying process and my question is how do members know it was done fairly?
    Can a CPA recount the ballots/proxies?

  95. Does an HOA have the legal right to deny the installation of a light pole inside the homeowner’s lot? The homeowner is willing to pay for the installation and monthly fee for the power company. The reason for this request is that the community at night is pitch black and the homeowner is a senior citizen (76) and lives by herself. The homeowner checked the HOA documents and nothing shows that installation of a light pole cannot be authorized. In addition, this homeowner has never received notice for a community meeting. The only communication is to ask for the HOA payment and for the request of the annual financial report. Please advise. Thank you!

    • HOA Reform Coalition

      As you mentioned, the governing documents cover what is allowed and not allowed within a subdivision. However, sometimes there are general statements that are made in these documents that essentially requires any external change to a property to have approval by an HOA. Starting September 1, 2021 a new law will be going into effect that may help this situation.

      Major Changes Protect Owners at ACC Hearings (SB 1588 §11)
      For subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  96. I questioned my HOA because they were not bidding contracts and instead, assigning them to family and friends. When I questioned them, I was told that I had, “no class” before being told to go “F” myself by a board member. I asked for his resignation, or that the HOA remove him from position, and no action was taken.

    At the next meeting, I was accused of “bullying” the board.

    What recourse do I have?

    • HOA Reform Coalition

      Your complaint is quite common and sympathize with you. We are not attorney’s therefore your best course of action is to obtain legal advice. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  97. My HOA violated the agenda of a recent membership meeting called by the board president to amend the Covenants. The agenda called for announcement of the election results prior to the close of the meeting. But they didn’t have the votes, so the board president ran off all the membership and took the next 14 days to gather the votes they needed. They stated the purpose of the vote was to combine two docs together in their entirety and add a table of contents. However, there was no mention that they were removing two provisions, which specifically affected me. One was the exemption of tax exempt properties which as Tex Vet I qualified for. I took this exemption after I was targeted by the board president for retaliation from a fair housing complaint. The Fair Housing Complaint was filed after the board refused to respond to my reasonable request that they provide descriptions of my violations. They refused to respond. Definition of Assessments in C&R’s included fines, legal fees, and liens. April of 2021 my board through their attorney Mr Cagle filed in district court to foreclose on our home for $345 in unpaid assessments. We used our settlement from the Veterans Administration to purchase this home, now we risk losing our home to board members engaged in criminal activity.

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. We are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

  98. Our POA was not registered and in good standing with the county clerk’s office but still increased assessments without the required amount of property owners voting (quorum)..then they filed numerous (42) liens against property owners not agreeing with these unlawful new assessments.

    • HOA Reform Coalition

      We are sorry to hear about your situation. Unfortunately this is a common issue. HOA Reform Coalition believes that POA Board have too many powers. We have supported legislation that would regulate the ability for POAs to foreclose, limit attorney fees and hold Board Members accountable for their actions that are not in alignment with governing documents or state statues. If you want specific legal advice, you could visit https://texashoas.org/.

    • Chapter 202 of the Texas Property Code states that no document is enforceable unless filed with the county clerk.

      They are bullying you.

  99. Since April 2009, I have lived in a rural Texas lakeside subdivision with CC and Rs and a homeowner association group that has never legally incorporated. The group’s leadership at that time I moved here made clear to homeowners that they were a voluntary association. Their group did not have bylaws, just a Common Area Property Use, and Restriction document. April 6, 2018, I sent an email to the chairman, cc’d to the treasurer to opt-out of their group, stopped paying dues, and forfeited my use of the common area per the rule in the document. My decision to opt out of the group was because they were proposing a project that was not required by any city or county ordinances and wanted to increase our water bills for three years to pay for it. Their leadership at the time was not able to comprehend that they were not a legal entity and did not have the authority to even consider the project. Also, enforcement of CC and Rs had been spotty to non-existent to board officers blatantly violating them. Their new president knocked on my door on 7/17/2021 and stated that their membership and dues were mandatory and were designated so by the Sabine River Authority. The common area does have a leaseback contract. He also indicated that their maintenance scope now included a fence that was put up by the builder that extends across a few owner’s properties and street repairs. There is nothing in the CC and Rs about maintaining the fence or the streets. The group still has not filed articles of incorporation. But for whatever reason, they now seem to think the Sabine River Authority has granted them magical legal powers because the contract lists their name as “Sunset Shores Land Owner Association.” The president also mentioned that they do now have bylaws however did not provide me with a copy, just handed me a dues notice. They are misrepresenting the status of the association to collect dues.
    What is my legal recourse?

    • HOA Reform Coalition

      We are an advocacy organization and are not qualified to give you legal advice. This situation requires specific legal advice by an attorney. You may want to visit https://texashoas.org.

    • Chapter 202 of the Texas Property Code states that no document is enforceable unless filed with the county clerk. As the Sabine River Authority is below the State of Texas in the government structure, Texas law takes precedence over SBRA.

      They are bullying you.

  100. How do I get a copy of all the new Texas HOA laws that are going into effect in July and September of 2021?

  101. Our POA is not posting current financials or meeting minutes. I have requested multiple times with no results. What are my options?

  102. There was a misunderstanding about how my fees were to be paid. The HOA got lawyers involved and now say I have to pay $7,200 in attorney fees for a $1,500 missed HOA fee. Can the HOA do this? We need some advice in how to deal with these HOA critters.
    We honestly thought that our fees were paid thru our house payments. We have owned our house for 3 years. First time home owners in our 60’s. We have explained this to them but no consideration was given. Please help!

    • Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges,

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  103. Q: There was a misunderstanding about how my fees were to be paid. The HOA got lawyers involved and now say I have to pay $7,200 in attorney fees for a $1,500 missed HOA fee. Can the HOA do this? We need some advice in how to deal with these HOA critters.

    • Check your state’s property codes. In Texas, HOA/POA has to allow some kind of payment plan if the fees are correct. You may also have the right to appear before your board to appeal. That info would be in your covenant/deed restriction documents. This thing about “getting a lawyer involved” sounds suspicious. Depending on how big your HOA/POA is, they might already have a lawyer on retainer. They surely would if you have a management company. If that’s the case, they may be arbitrarily tacking on fees, but you’ll have to read your community documents to see what they are allowed to do. But also your state’s property code w regard to HOA/POA’s. You might try reaching out to a lawyer too via the state bar assoc. They can help w free legal advice.

  104. I am being charged assessments yearly during this Pandemic while services are being neglected

    • HOA Reform Coalition

      The problem with subdivisions neglecting services has arisen even before COVID. Although there have been moratoriums on rents due to the Pandemic, there has been no legislation to place moratoriums on POA assessments. Although you feel that services are being neglected, we strongly recommend that you pay your assessments. The POA has the foreclosure power that can be very swift.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  105. My HOA restricts fences to 36 inches. In light of the new law Security Measures- Section 4 of SB1588 which allows residents to put up fences for SECURITY PURPOSES, 36 inches isn’t really secure. Can they still limit fence height to 36 inches? I want to do a 40-48 inch fence.

    • HOA Reform Coalition

      Section 4 of SB1588 is new and goes into effect on September 1, 2021. The POA can regulate the type of perimeter fencing that is installed for security purposes. SB1588 is silent concerning the height. Because this law is so new, we don’t know what subdivisions will do. But the HOA reform agrees with you, that a fence with height limitation of 36” does not provide security.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  106. Our Property Owners Association Board of Directors decided to charge members $125 annually for an “amenities key ” that will unlock both gates to our 2 amenities- a swimming pool at one, and ball courts on a 3 acre lakefront area with private lake access. What I believe is discriminatory is they decided to charge $250 for residents who have long term leases, while charging nothing for the short term visitors who rent a vacation “home” for a few days. Part of the problem is that the president owns a STR that is contiguous with the lakefront amenity.

    They did not discuss this during any open meeting. I questioned them numerous times about when that was decided since it was not in the minutes.. They apparently discussed it privately and then they voted by email. After the email voting was disclosed. they hurriedly voted it in at a regular (Zoom) meeting.

    They refuse to treat LTR residents fairly because they are charged twice the fee, while they give STR vacationers free use of our amenities.

    • HOA Reform Coalition

      The situation that you describe does seem unfair. However, living in a POA allows the Board to modify fees and assessments as long as these are within the governing documents. It is not uncommon to see different sections within a POA being charged different rates. If you would like to ask an attorney his opinion of the situation, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  107. What can I do if a poa board member breaks the nda they signed ,
    A board member told a nonresident of our neighborhood about my poa dues being behind among other things about my personal info

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. Your question is more legal in nature. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

  108. I am the owner for more than 10 years at the oaks of West U. Ever since the Rice management took place for our HOA, it has been a disaster. They have lost the monthly HOA fee my bank sent out through auto draft. Without any communication, they sent my case to the lawyer, trying to foreclosure my condo. When my bank has provided proof that the management has already cashed my HOA check, they finally admitted that it’s their computer error, but I have to pay the legal fee for their mistake. Even though I have never late for the monthly HOA payment over 10 years, the Rise Team keeps on charging me late fee and all kinds of fines, because I refused to pay the legal fees due to their own mistake. The Rise team office has ignored my email and phone calls. It seems like that I have to find a lawyer to fight with this horrible management team…

    • HOA Reform Coalition

      As you noted, you need an attorney. We suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  109. My hoa has not posted minutes or Financials this year. They also use selective enforcement of restrictions. What can I do?

    • HOA Reform Coalition

      Unless specified in your governing documents or a policy, there is no law that requires an HOA to post minutes or financials. If your HOA falls under the Texas Property Code 209, there is a procedure for how a member can obtain these documents Section 209.005 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm

      Selective enforcement is a common problem we receive frequently. From Attorney David Kahne’s website: Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove. https://texashoas.org/faqs/

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  110. Having issues with the HOA over removal of mesh on my metal fence. The mesh is for the safety of my chihuahua preventing him to get out. I begged and pleaded with them to at least come up with a criteria of how the mesh should look like, ie the color, the length, material, etc etc. even a short one foot mesh would do the job, but they are adamant in my removing the mesh. I am Very scared for the safety of my little chi. No compassion on their part. Feel totally helpless. I’m not willing to do shock collars or invisible fence as they can be traumatizing to some dogs, especially these little chihuahuas.

    • HOA Reform Coalition

      The HOA Reform Coalition sympathizes with you. Many of us have our own cats and dogs who are just like our children. It is difficult to have a small dog and cats with a metal fence when the dog can fit through the slats of the fence. Recently passed SB1588 may help you. That law gives you the right to have a perimeter fence. The law is very new and also gives the association the ability to regulate type of fencing to be installed. So, it is within the power of the HOA to decide if the mesh would be allowed in this instance. The same statue, SB1588, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0, also specifies that mesh fencing is an allowable material for fences around swimming pools. Meaning that the HOA will need to decide on an acceptable mesh fencing for folks who want to put it around a pool. Maybe you can ask your HOA, in light of the new law allowing mesh fencing around pools that the same material could be used at the base of your fence to keep your dog in. The Board could still say no but maybe they can be reasonable over the request.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  111. My family and I just recently open a mobile SnowCones company, we work out of a trailer and is hooked to our pickup truck. Which is parked in our driveway after we have completed the day, this is currently one of our sources of income since I have now retired. My HOA has sent me a letter saying commercial vehicles can’t be parked in the neighborhood neither are trailer allowed.
    With the increase number of families going into business to stay afloat. Why aren’t we allowed to have our trailer parked in our yards?
    Some storage locations for trailers aren’t always the safest solution.
    It’s okay for those who work out of Van for cable companies to park, which is a commercial vehicle.. but those who have food trailers has to suffer with the inconvenience.

    • HOA Reform Coalition

      This is a common problem in many POA restrictions preventing home businesses. This is part of living in a deed restricted community. Some POAs are more aggressive in enforcing this restriction than others. You can try talking to the Board to see if there is justification for the restriction and if some compromise could be made. Another option is to have the community request that this restriction be removed or altered.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  112. I have lived in a POA neighborhood in Cibolo TX since we built our house in 2005. We are veterans of the US Navy and we decided to live here and retire. Since we first began living here the management company has been here governing over us like a King. I have tried to complain about things that needs to be taken care of but to no avail they haven’t been resolved. The hedges have not been trimmed in over several months and because it summer time snakes are more out and this causes a hazard to the community.

  113. We are butting heads with our HOA over plants in our yard. The builder planted sick trees and plants and after two years of trying to revive them, we gave up and pulled them up this spring. Instead of the sickly trees we planted crepe myrtles. Young ones but they grow quickly. The bushes were pulled and replaced with more heat tolerant plants. The issue is with the crepe myrtles. Because they do not have 6” circumference they are demanding we replace them. Why? These are fast growing trees and will be the 6” circumference within a year. They want us to pull up plants that cost us over $100.00 and we refuse to do so. So now they are saying we are in violation of their rule. At this point we are sticking to our guns and refusing to remove two healthy trees to suit an HOA who has bigger things to worry about than our yard. We are so over HOAs and are seriously considering putting the house up for sale and moving out where our freedoms aren’t mandated by mini-governance institutions that shouldn’t even exist. Enough is enough.

    • HOA Reform Coalition

      Sorry to hear about your problems with your HOA. Your comments are very common. The HOA Reform Coalition of Texas believes that the POA should have to prove that a violation of a restriction will lower the property value of the neighborhood. If the POA cannot prove that not enforcing a restriction is harmful to subdivision, the restriction should just be removed.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  114. Rhonda Gwenette JOHNSON

    I am sued to pay a 2015 Yearly dues fact is I want to pay However I’m also ordered $2500atty fees.
    I feel were intentional delayed to address 6 years later. Knowingly we were n court Jan 2020 when an appeal was ruled n my favor…a notice of 2015 insane could have been addressed sooner than now to have accured outrageous atty fees, penalty plus unreasonable interest as well.
    I submitted letters to court and sheriff advising my willing to pay $650 of 2015 dues but asked to negotiate the outrageous atty fees.its been 3months and not heard from atty.

    • Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  115. Rhonda Gwenette JOHNSON

    I am sued to pay a 2015 Yearly dues fact is I want to pay However I’m also ordered $2500atty fees.
    I feel were intentional delayed to address 6 years later. Knowingly we were n court Jan 2020 when an appeal was ruled n my favor

  116. My POA denied installation of sidewalks on both sides of my house because they say we are blocking the drainage of water. I explained we would still have 2′ of swale space for drainage on my side of the fence. They said I could re-submit my application with pictures, measurements and further info for reasons we need this addition. I submitted the need for 4′ walkways in a 6′ space for safe access for my family and guest (Wheelchair, crutches, etc.) coming to our backyard, so that they don’t slip in the mud on the steep grade the builder refused to fix.
    The deal we were quoted was to good to pass up so we installed them anyway for safety. Now we are receiving letters asking us to fix the issue.
    I had a 30 minute consultation with an attorney, but she wasn’t very helpful. She told me to remove them, and left it at that. I still feel I have some sort of right to have them, especially for safety reasons. I can’t have anyone over to my property, and the potentially slip, fall and hurt themselves. That would leave me liable.
    Any advice would be much appreciated.

    • HOA Reform Coalition

      Accessibility is an important factor especially if wheelchair access is a necessity. We are not attorneys, therefore we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  117. What can be done about selective enforcement and civil rights violations by a board who keeps the same members in rotation the past 25+ years

    • HOA Reform Coalition

      The HOA Reform Coalition has supported the need for term limits. So far, legislation has not been passed to term limit board members. One thing to consider is altering the subdivision governing documents so that there are term limits. Often the reason the same people stay in office there is no quorum at meetings. Sometimes this reflects incumbent directors suppressing attendance.

      From Attorney David Kahne’s website https://texashoas.org/faqs/:
      Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.

      Often board members maintain power when quorum is not met at an annual meeting. Texas Property Code 209.00593(d), which applies to subdivisions, but not condominiums, enables boards to amend bylaws and reduce quorum requirements “to provide for elections to be held as required by Subsection (a)” of the same statute.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

      • Re: Term Limits. Our By-law Committee recommended that a board member who served 2 terms (6 years) had to spend 1 year off the board before being eligible to run again. The POA attorney said that the new legislation prohibits HOA/POAs from stopping anyone from running for the board and, therefore, we cannot impose this “term limit.” Seems to me we are not prohibiting anyone from running period – just making them take a 1 year vacation.

  118. When we purchased our home we treated our fence with a clear natural tone sealer to protect it from termites and deterioration. The fences in the subdivision with houses valued at over $300,000 have deteriorated in 6 months. We chose to protect ours. Our neighbor next door ask what we used and a neighbor across the street. They protected theirs as well. After a year and half we received a violation for the fence (the only part visible from the street is a gate). I called the HOA and they told me I needed to send in a request form and and a fee which I did. I also sent in a request form and fee to change the pavers on my flower beds and some of the bushes since the Texas Freeze killed some of them. A few weeks later we received a denial on the fence. I ask my neighbor across from about their fence and to my surprise theirs was approved. We all used the same product on the fence. Another neighbor on the same street also treated his fence with a red cedar and was approved. They have also denied my flower beds stating the because of the fence denial I was not in compliance and therefore I could nothing to update or up keep my property. This is absurd! They have too much power and seem to be discriminating against homeowners. I really need to know what the next step would be.

    • HOA Reform Coalition

      Selective approval and selective enforcement of rules is a common problem. If your subdivision is subject to the Texas Property Code 209 and the recently passed SB1588 https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0 may be useful to you. Starting September 1, 2021, SB1588, for subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  119. 209.0058(d)(3) reads: “in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.”

    209.0059(a) reads: “any vote cast in an election or vote by a member of a property owners’ association must be in writing and signed by the member.”

    So, please tell me how the ballot document must be signed by the member, but not seen by the observer?? They cannot coexist together, IMHO. If the ballot itself must be signed, then the observer will see it if they are overseeing the vote.

    • HOA Reform Coalition

      Your question is asking for a legal interpretation of the statue. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge

  120. The HOA at my condo complex has not had an annual meeting for the past 2 years. Understandably, last year because of Covid-19, but we could have still had did a zoom meeting but they decided not to. And this year they’re deciding not to have one in person or zoom. I have requested that we have one and no luck. What can I do in this situation?

    • HOA Reform Coalition

      Unfortunately, the rights given to HOAs concerning annual meetings are not available to Condos. I would suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

  121. We live in a gated community which is part of Fair Oaks Ranch, TX. Since we are gated, we are responsible for our own road maintenance. Yet, our tax dollars are also being used to maintain roads in other parts of the city that have an HOA but aren’t gated. They consider them “public roads”. How is that fair. Our gates are open for school traffic all day long. Btw, we are still in the developer control period. There’s zero requirement for reserves, I’m afraid when buildout happens, our roads will be trashed. Help is needed.

    • HOA Reform Coalition

      Although it seems unfair, your subdivision chose to have private roads and therefore those that live within the subdivision will be responsible for the upkeep and repair of the streets within the subdivision. However, this does not exempt you from the maintenance of the public streets throughout the rest of the city/community. So you will be taxed for these streets as part of your property taxes.

      If, as a POA, you decide that this is not a burden that the members desire, there is a normally a process to dedicate the roads to the city and make them public. You are right, that if the roads remain private, reserves needs to be established to ensure that they are maintained appropriately. The POA will need to ensure that enough reserves are available to do so.

  122. On May 13th I came home to find my HOA had placed 4 recycle bins in front of my home in addition to the existing one and a dumpster eye sore that was already there. They refuse to move them and say the city mandated they place them there (which I confirmed with the city is not true). This is a trip and fall liability, accessibility violation and fire hazard.
    I spoke to my HOA about the city ordinance codes they are breaking but they seem to be at an impasse with me and I fear retaliation at this point.
    The board director wants to sit down with me today to discuss where to move the bins but I feel it will be futile as another neighbor in my community made the same request at no avail.

    I’m hoping for advice on what to do if my HOA refuses to move the hazard from my doorway. I contacted my city council rep and they are investigating the issue now, but I’m open to other suggestions.

  123. Our HOA was established by the builder and developer then recently turned over to homeowners with major drainage and erosion issues on one side of the community. Common area flood out and cause damage to private property and the homeowners that are in charge have no idea nor the resources to address it.

    • HOA Reform Coalition

      Flooding is a problem throughout. As more concrete is poured and additional construction, areas are flooding. You can make your issues be known to the local City, Drainage District or, if applicable, the MUDD. All of these entities would be concerned about potential flooding and risk to property. Take pictures of the issues, in dry and after major storms, to show the impact of the problem. Also, you might want to contact the developer and see if they will offer some assistance. Developers do not want to be know for subdivisions with flooding problems, so there might be some desire on their part to help resolve the issue along with the governmental agencies before a substantial problem is incurred.

  124. My Texas HOA on a small rural lake has a bylaw that limits who can stay at my home when I am not there. For example, my 26 year old grandson is not permitted to be there unless I or my daughter is there. My close friends cannot stay in my home for the weekend if I am not there. I find it unbelievable this could be legal. Would appreciate your opinion.

    • HOA Reform Coalition

      You are asking a legal question. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  125. I’m just trying to find out how to file formal complaints against my HOA to get an investigation going on them? They only let anyone see records if they make an appointment and then you have to go to the clubhouse and they sit there and watch you like a hawk and don’t allow you to have copies of any of the information. They raised our HOA dues $100 in the last year and we pay on time every year. The pool was not open and they just open it intermittently whenever they want. We pay to utilize that pool so it should be open from dawn until dusk regardless of whether there is a lifeguard on duty. Most places have signs that warn that there is no lifeguard on duty and that kids under a certain age aren’t allowed without their parents etc etc. There is no reason why we can’t utilize the one thing that we want to utilize. They spend all of their time energy and resources on a tennis court for the older people in the neighborhood. We can’t even get them to update the children’s playground but they went and purchased flood lights for the tennis court so they can see at night. When I asked to see what all of our HOA money was spent on they said the only way I could see that is if I made an appointment to go meet with somebody to sit down on their terms on their time to look at it and they refused to send me a copy even though we all have a right to a copy if we’re all throwing in money. I’m told they are a group of volunteers. So if they’re able to see what the money is spent on then every other resident who pays money in the neighborhood should have a copy of that information. They also only send out letters when they want to find you for something. They don’t send out updates they will post a handmade sign outside of the clubhouse with information on it and expect everyone to see that. They have a website they can use and they also have the ability to ask for emails and send out a chain email letter but they never do so. We went to replace our pool passes this year and they want to charge us $20 in order to do so because we didn’t have our old pool pass to turn in. There is nothing in any writing or online or anything else that states that we are required to bring the old pool pass in order to get a new pool pass or we will have to pay $20. When I asked why the vice president of the HOA said because they take the time out to make them. That to me says that their pocketing that money which is I’m pretty sure illegal for the HOA to do. Anytime We complain about something they end up sending us a letter threatening us with a fine for something we need to fix. Even if we’ve already fixed it. For example, we do the edging every week and the day before we were going to do the edging we get a letter saying that our edging looks bad and that they’re going to find us if we don’t fix it in 3 days. We do the edging every single week it hadn’t even been a week and they were sending us a letter about the edging because I called and complained that my neighbor’s dogs were getting into a hole they made in the fence into my backyard and chased my father out of our backyard. This is just the tip of the iceberg on everything I could complain about.

    • HOA Reform Coalition

      Your complaints are very common. Many people seek to file formal complaints against their POAs. Here are some options for you to try but we do not know what your overall success will be. There has only been limited success reporting HOAs for questionable operations. You can complain to the Attorney General’s office, which has a division to deal with non-profits. HOAs are a non-profit organization and fall under this jurisdiction. You can also complain to the County Attorney and, if you think there was a crime, the DA. Beyond these options, there are not many other avenues to take.

  126. We found black mold in our condo walls. The HOA Insurance went out of business so I’m told the funds will be covered under the Texas Guaranty Fund. I ran out of money and there is still a little bit of mold left. They say they can’t remove it until the money comes in which could take a year. My place was torn apart and I need my reimbursement. They won’t even waive my fee and let me pay it back when the funds come in. My condo is uninhabitable and I’m running out of time where I’m staying. My place has been sitting for months and the mold remediation team needs their money. What can I do?

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

  127. HOA charging too much for Resale Certificates, what can we do about it?

    • There is no recourse against HOAs. My HOS violated Texas state law by not getting audits or adhering to Generally Accepted Accounting Principals as specified by the Texas Property Code 82. Neither the Texas AG or my state rep would do anything. I sued them on these items about which there was never any question by the court that they were required to do.

      It took over 7 years, over $40,000 in legal fees, but I won a settlement that they would do both items. I won a $90,000 payment. After paying income taxes on the money and legal fees I cleared around $5,000.

      The HOA went back to it’s old ways, ignoring the court and my only option was to sue them again. I sold the unit. Owners have no support against HOA’s!

  128. Hello, our 3 Board of Directors recently changed wording to our parking policy. We live in a small gated community (Stillwater on Lake Houston) in the suburbs around a lot of other communities. Our neighborhood/houses are nothing more special then the neighborhoods around us. Lot of homes with kids and people coming and going with get togethers spontaneously. That said here are the highlights of the new rules they have changed on us: These are the highlights of the policy changes now:

    *No resident street parking at any time
    *Temporary parking upon the streets in the Subdivision is permitted for the purposes of:
    -Passenger pick-up, loading
    -Unloading purposes
    -Construction/maintenance services related to a Lot or dwelling
    -Delivery services and trash services only (“Temporary Parking”)
    *Resident is responsible the notifying the visitor and guests of policy
    *If Resident is having a gathering that exceeds the limits of their driveway, please contact Management company with the following via email. Such notice must provide
    -The name and address of the Owner or Occupant,
    -The number of cars expected to be parked on the street during the event,
    -The timeframe for the event
    They have advised they contracted with a very “trustworthy” tow company as well. In the actual document it reads (yes they bolded it): THE ASSOCIATION MAY, BUT IS NOT OBLIGATED TO, PROVIDE NOTICE OF ITS INTENT TO EXERCISE ITS SELF HELP REMEDY BY PLACING A NOTICE/STICKER ON THE VEHICLE IN ADVANCE OF TOWING.

    Thoughts on this? I have a poll going on FB to see who agrees or disagrees with it and currently for those who have voted majority of people don’t like it by a large amount. Any recommendations to get the wording back to what it was?

    • HOA Reform Coalition

      Your approach to get the community involved is good and the path that we would suggest. If the community supports your position, hopefully the board will listen and repeal the parking restrictions.

  129. For the last three years I’ve been behind on my HO a dues but I use always catch up the following year I pay everything up but then I fall behind two months towards the end of the year again I do catch up the phone here well this year I was behind for 2023 months and we were in 2021 and I have not paid January and February I asked to be put in a plan that get amended and the treasury department for our HOA sent me out information in regards to being put in a payment plan but at the same time he had records of all my payments and sent it to other members The person that handles the pool, the person that cleans up the clubhouse I don’t feel that they needed to know any information in regards to my payments now did they break the privacy law by sending my information out to these people.

    • HOA Reform Coalition

      Whether the information was sent intentionally or unintentionally, we would agree that the Board should not have sent out that information to people beyond those that are required to know. With that said, people do make mistakes. We are all human. But if you want to pursue this further, you would need to contact an attorney to determine if any privacy laws have been broken. Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  130. I am late on my hoa fee for 2020, the pandemic has hurt my income substantially, the hoa turned my case over to their attorney, I owed around $900 for the year, their penalties and interest they say is $3,700 for just being late, they would not negotiate, this is in my opinion “price gouging ” during a pandemic, I have been late before and the price was $1,600 , what can I do about this,

    • HOA Reform Coalition

      You are not the only person who has had difficulty during the pandemic paying their HOA fees. The HOA Reform Coalition of Texas has proposed legislation in the last few sessions to limit attorney fees and associated costs due to unpaid assessments. Unfortunately we have not been successful to date. Attorney fees, as what your experience has been, can be several thousands of dollars for very small assessments.

      You may want to meet with your Board to discuss a payment plan and a way to prevent further costs associated with the attorney.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  131. A small bridge on HOA property collapsed. The board solicited bids and chose a contractor.
    Is it legal for the HOA board to take bids and select a contractor to rebuild a bridge? Does the membership have the right to vote and select the contractor?

    • HOA Reform Coalition

      You will need to verify with your governing documents but often the Board does have the power to solicit bids and select a contractor without a membership vote.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  132. I live in a small HOA in San Angelo TX. I am a disabled combat veteran with moderate to severe PTSD, consequently I do my best to avoid conflict. In 2017 I began construction of a small shed as specifically allowed in our D&R’s. This began a 5 year campaign of harassment by the board. Initially I was told I had to get ACC, approval, despite the fact that all residents were allowed 2 small structures no bigger than 10×15 with out ACC approval. I was also sited for two other violations, but was not given a description of said violations. May 15 of that year I attended a board meeting that I was on the agenda for legal actions for my posts on NEXTDOOR. I had committed a violation of the board presidents mandate that no association member was allowed to discuss any issues about the association. What I posted was the state laws on HOA’s. We were warned by the president not to look at the laws because they were “to vast and numerous” for us commoners to understand. At this meeting I clearly identified as a combat veteran with severe PTSD, and asked that I be given a description of my violations, at which point a member of the ACC, violently began screaming in my face. I again requested as a reasonable accommodation for my disability that they please provide a description, the BOD president state “we don’t have to comply with your request.” She then stated if I was unable to interpret my violation, she would appoint a committee to come to my property and investigate, they would then provide a description.

    After sending a certified letter in which I again requested a reasonable accommodation for my disability, the board never responded, instead, I was issued without a vote by the board a $50 fine and more violations. The great rub was that by observation of the entire association, you could not reasonably determine the nature of my violations. My immediate neighbors were in clear violation, but received no violations. The justification by the BOD for their arbitrary application of the rules “The BOD does not police the association, but only takes action in complaints are reported”, in my case the President stated that my neighbors were not sited because no one complained, if I felt that was unfair then I should turn them in.

    Consequently, I file a Fair Housing Complaint investigated by the TexasWorkForce Commission(TWC), which sided with the board. According to TWC, I failed to establish a nexus between my PTSD and my need to know by description what my violations were, and it was my responsibility to interpret my violations, to ask the board to provide a description was onerous to their business model, the TWC could not reference other state statutes in determining if my request that the board comply with Prop Code 209 was reasonable. TWC acknowledged that the boards procedure for applying the rules was arbitrary, however, it was an “arbitrary practice that was uniformly applied”.

    Two months after the decision, the notices of violations began again. I was informed that landscaping rocks in my yard were “trash, rubbish, or other debris” and had to be removed immediately. Our entire association is built on rocky ground.

    In our deeds, it stated; “All properties exempt from Taxation by the laws of the State of Texas and to the extent thereof are exempt from association assessments.” Under the definition of assessments it included fines. My property based on my VA disability is Tax exempt.

    They filed a lien on my property. I hired an attorney, who they initially refused to respond to. Jan 2019 they released the lien. Then drove to Austin and hired an attorney, and determined an urgent need to combine two D&R’s and an amendment into one document and add a table of contents because our 13 page D&R’s were confusing without it. These two documents were to be combined in their entirety. Except, they failed to mention in their documentation that the small shed and tax provision was removed. An election was scheduled for April 7, 2019.

    The agenda stated that votes would be cast, tabulated, results announced and close of meeting, except, they didn’t have the votes, so they adjourned the meeting without announcing the results. Witnesses observed board members filling out ballots in their vehicles after people had left.

    The results were announced on May 23, 2019, as posted on community bulletin board. I requested a recount, but was denied, the board sited they announced the results on community bulletin board the evening of the election, which didn’t happen. A week after the May 22 notice on the board the violations began again.

    So now I have received notice from the attorney that the board intends to foreclose on my home.

    • HOA Reform Coalition

      Thank you for contacting the HOA Reform Coalition of Texas. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  133. The had a hearing with my HOA about a newly installed fence. I went through the proper steps to give the fence approval. The issue is a pre-existing landscape that occupies 95% of the area fenced; n I was given ‘permission’ to extend the fence three-feet from the corner of my unit due to a tree. TOn the day of the fence install, it was discovered the preexisting pavers are cemented 20 to 24 inches in the ground with a solid line of cement. I made a last-minute decision to have the fence extended two additional feet. It would add almost an additional $1,000 to the cost for the company to remove and repair the landscaping to meet the three-feet approved. It was the holidays and hectic, I was working 14-hour days, and I didn’t think to contact the board to get approval. Our board is slow to respond to approvals in most cases, as well. I received an email I wasn’t in compliance, and a $25 per day fine would be instituted until the fence was brought to meet what was approved. Hence, I requested a gearing. The board permitted me to have a business associate attend the hearing to help speak my case. The president of the board and three board members participated in the meeting. The president over-spoke me the majority of the forum and did not allow my colleague to speak to the matter; he was so rude, and it was more of a scolding than a meeting. There are no set restrictions except that fences exterior be painted Sherman-Willians 3034 (not all fences in the community meet this requirement). After touring all the community units, there are more than 20 units that have fences extending six-feet and more, and one unit is allowed to have a gate installed near the front door. The bottom line was I failed to get permission, and the reaction from the president was one of parent and child; you do as I say, or there will be a consequence. I agree I should have contacted the board. As mentioned, it all happened so fast, I was on the spot and made a choice. I feel the board’s decision is unjust. It will cost me $2,000 to have the pavers removed, the landscape repaired and the fence brought in by only two feet. I used Viking Fence, and they do superior craftsmanship, and I have one of the most excellent fences in the community with premium red cedar and design. It adds beauty and value to the community. Do I have any other options to fight the decision and report how the president handled the situation and me? I’m being held to restrictions other residents are not

    • HOA Reform Coalition

      From Attorney David Kahne’s website, https://texashoas.org/faqs/, selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.

      Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org if you have more questions. This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  134. Our POA is a 1000 lot, rural subdivision. Our Board, along with the law firm hired by the Board to represent the Association, have interpreted Texas Property code 209.0059 to allow the Board to vote on all lots owned by the POA (common areas, foreclosure lots, lots purchased for re-sale, etc.) in Board elections or elections to revise Covenants. Doing so could potentially allow the Board to unduly influence the outcome of the election.
    Texas is definitely in need of a division in the Attorney General’s office that would oversee the HOA/POA communities. There needs to be repercussions to the HOA/POA if their Boards choose not to follow current statutes requiring them: 1- to keep dedicatory instruments filed in the County Clerk’s office & posted on the HOA/POA website, 2-to maintain & keep current management certificates, 3-insure resale certificates issued by the management co. are correct & complete. I realize this would be a huge undertaking since there are thousands of HOA/POAs in our state but it needs to be done to protect the rights of individual homeowners.

  135. I live in a neighbor I am force to pay HOA fees. I have reported many obvious violations stated in the CC & R, which is a contract. We pay the fee they follow the CC & R and enforce the laws.

    They are committing Unconscionable Acts, which is when the seller takes advantage of “consumers” lack of knowledge, ability, experience, or capacity to a grossly unfair degree. This is an unfair degree because we are required to pay or a lien is put on my house. In addition, mist people and management company have no money idea what the CC & R even is and/or say.

    If they don’t provide the service we are out of luck. There is no accountability i have been battling with them for 3 years. They do nothing.

    We are forced to pay a service we homeowners don’t receive. That is Fraud. If they are informing the people of violations, the owner is not complying. This is still fraud, because they can fine and put out a lien, according to the CC&R. People still do it, so that is not happening. They AREN’T enforcing our agreed contact.

    They are very aware of the violations, but do nothing, so I want to file a complaint. Any other company I could get a refund or fire them.

    • HOA Reform Coalition

      It can be very frustrating to pay association assessments and not have the contract (CC&Rs) enforced that you agreed to at closing. But this is not uncommon. Selective enforcement is a problem in many communities. As you stated, the POA can put a lien against your house and possibly foreclose for non-payment of assessments. Even though you believe this is fraud and you are not receiving services, pay your assessments to prevent possible foreclosure. You may want to take this topic up with your POA Board to see if there is a reason for why enforcement is not being done or if a new management company should be hired.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  136. Our HOA and property manager are proposing to implement a system of applying financial fines against owners who they allege are in violation of community DCCR’s. Our governing documents (By-Laws and DCCR’s) do not provide the HOA the power to apply fines. The only enforcement power granted to the HOA Board is the power to litigate to enforce compliance. I’ve read online that HOA Board’s do not inherently have the power to apply fines if such power is not grated to them in the community’s governing documents. However, this distinction/limitation doesn’t seem to be mentioned in the property code itself. So, my question is can our board institute a policy of applying fines to owners who violate the DCCR’s or not? Our DCCR’s contain only the following on “enforcement:

    Article 26: Enforcement
    (Presented in its entirety from page 21 of the RR-DCCR’s)

    “If the Owner of any Lot, or his heirs, executors, administrators, successors, assigns or tenants, shall violate or attempt to violate any of the restrictions and covenants set forth in this Declaration, it shall be lawful for Declarant, the Association or any Owner subject to this Declaration, to prosecute any proceedings against the person or persons violating or attempting to violate any such restrictions and covenants. The failure of any Owner or tenant to comply with any restriction or covenant will result in irreparable damage to Declarant, the Association, and other Owners of Lots in the Subdivision; thus the breach of any provision of this Declaration may not only give rise to an action for damages at law, but also may be enjoined or may be subject to an action for specific performance in equity in any court of competent jurisdiction. The bond required shall be no greater than $500.00. In the event an action is instituted to enforce the terms hereof, or prohibit violations hereof, and the party bringing such action prevails, then in addition to any other remedy herein provided or provided by law, such party shall be entitled to recover court costs and reasonable attorney’s fees. The Architectural Control Committee, Association, and/or Declarant shell not be charged with any affirmative duty to police, control or enforce the terms of this Declaration and these duties shall be borne by and be the responsibility of Lot Owners.”

    • HOA Reform Coalition

      Your question is asking for a legal interpretation of your documents. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge

  137. Our POA Board says property code section 209 grants them the authority to vote on the lots owned by the POA. I don’t believe that is true. Also, how can the Board voting the POA lots in a Board election not result in unduly influencing the outcome of an election? How is that benefiting the entire community?

    • This is a very good question. The HOA Reform Coalition of Texas position on this topic is that a Board should not have the ability to vote POA lots. We do support the idea to use the POA lots for quorum purposes only. You will need to review your deed restrictions carefully to determine if the POA Board is allowed to vote POA owned lots or not.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  138. I fell behind on the 3k worth of HOA assessments. It became 18k. It was nuts but we stayed quiet and offered a 12 month payment plan to get it behind us. Rejected. keep pushing for 1 month or 3 months. I paid a partial. Then sent me a foreclosure notices and added 4k in more fees. I had to find a way to pay it. I understand late fees. But they try to kill me attorney and misc fees. ( so stressful, we felt they singled us out for some reason to add so many fees. we fell behind but good people) It was just not normal or even evil to let fees run wild. . On this site, Im reading so many homeowners have the same issue with texas HOA. HOA fees need to have cap. With covid i dont want any other homeowners go through what my family did. It evil highway robbery. We need to push for change. Need HOA reform

    • HOA Reform Coalition

      Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not.

      The HOA Reform Coalition supports eliminating attorney fees in many circumstances and to cap attorney fees associated with assessments to prevent the escalation of costs. In 2021, Representative Sherman introduced HB2387, which the HOA reform supported, as an effort to limit these escalating attorney fees. Unfortunately, this bill did not become law.

      The HOA Reform Coalition intends on re-introducing this legislation in the 2023 session. HOA Reform Coalitions welcomes your support on this issue as well as others.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  139. Why are required to pay ten dollars per vehicle in 2021? Last year the first two were free then 5 dollars per vehicle. No notice was sent to me via mail, text or email. This a breach of contract between the POA,HOA and THA, we have no rights to in this matter. They raised dues a few years ago even after it was voted done by residents of Hot Springs Village. They used a clause that stated not enough votes were cast. As a current residence of of the village, I was a property owner with a out of town address, I never recieved an email, text or letter. I am willing to take this to court! They are taking advantage of our age and judgement

    • HOA Reform Coalition

      The extent of POA power to impose charges or increase fees for subdivisions and condo depends on your governing documents and state law.
      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  140. A woman is asking people for 400 dollars per house for a home owners association. Her made up hoa isn’t even registered. I gave her money last year and she is saying she doesn’t have it. It’s a scam that is costing a lot of people on the street money. We are scared she will put a lean but there are no meetings or elections no flyer nothing saying where this money goes. This is a scam that is scaring people and robbing them blind. She is saying she gives details of where the money goes at a meeting she invites no one too. I told her when are elections, apparently they address those at meetings they don’t have. The last meeting was in 2006!! The majority of the street does not want an HOA and the amount of money she is getting does not add up. The street is not well kept and there are zero events. She is clearly pocketing money. Please address this! I’m contacting the non emergency police number as well. I don’t want anyone else to suffer from this scam. If there is an HOA there needs to be elections and we need to know where the money is going and vote on what it goes too.

    • The following steps can help you determine if a POA is legitimate:

      1. Check your closing documents, in the title insurance policy it should state whether or not a POA existed when you purchase your property. In rare circumstances, a POA is established after closing. In recent years, a disclosure form may also be included in your paperwork.
      2. Check with the Secretary of State if the POA Articles of Incorporation have been filed
      3. Check the County records where the POA exists to determine if deed restrictions, also called declarations, CCRs, or covenants have been filed
      4. If being managed by a management company, again check the County Records for the filing by the management company stating their POA representation

      As for “good standing”, POA members should be aware that a POA can still be powerful even if not in “good standing”. “Good standing” issues, especially those at the Secretary of State, often are easily resolved by the POA.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Why not just go to the media? Don’t you have a local Troubleshooters or something? Media attention might catch the eye of a lawyer who might help. You can also write a letter to your state’s Attorney General about the matter. Do all of the above. You can tell her or not, but she has to provide some accountability. A local news station might get some answers out of her.

  141. Why? we as homeowners should not defund the HOA? My problem with my homeowners’ association was/is communication. The association was sending my mail to the wrong address, after informing them of the error they filed a bogus lawsuit to have permission from the courts to sell my home. I wonder how many other senior citizens are losing their property because of their irresponsible actions. and the homeowner is left with a large price to pay the association. Something legal should be drafted against the HOA to stop the harassment, possession, and corruption.

    • HOA Reform Coalition

      HOA Reform Coalition does question the need for HOAs to have so many powers. Your experience with poor communication is all too common.

      During the 2021 Legislature, Representative Shaheen presented HB3857 to require certain notifications before an assessment lien could be filed. This bill was left pending in committee when the session ended. The HOA Reform Coalition supports this type of legislation and believes this is a needed protection for homeowners.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  142. My HOA wanted me to go to mediation about my husband temporarily parking his trailer here. I spoke to HOA attorney and he agreed we don’t have to go because I had already handled this. The HOA knew it was temporary, I was communicating with them while I seemed off site parking. He said to email him that I would comply and no mediation. Now HOA is billing me for legal fees because they had to pay the lawyer to send certified letter and for his time. Do I actually have to pay that? To top it off, they haven’t stopped others from parking buses, trailers, boats and commercial vehicles!

    • HOA Reform Coalition

      You raise a great question concerning if you are required to pay for the attorney costs. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  143. diana121165@yahoo.com

    Hello
    My association charges us legal fees if we are 15 days late in paying . So instead of paying $55 ,we have to pay $110.87.
    This does not seem right. They are robbing us.

    • Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges,

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  144. For 47 years our POA board decided not to charge a Construction Inflation Fee on our annual dues. The board now is raising our dues for these last 47 years per this Inflation fee, plus $50 a year to give to our water company. Wouldn’t this fee be considered abandoned and what the board is doing a violation? Is all this legal? Also, we have no expectation date listed on our CC’Rs.

    • HOA Reform Coalition

      The question here is can an POA retroactively assess the construction fees. You will need to review your governing documents and possibly state law to determine what is allowed and not allowed for your community. Maybe there are limits for how much fees can go up in one year or other such limitations.

      In the end, this seems to be a legal issue with many considerations and complexities. You may need to contact an attorney for legal advice. You may want to visit this website, https://texashoas.org/

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  145. My HOA has broken HOA Texas law. When I wrote to the Attorney General about the many violations including the false scare tactics used to get illegal Special Assessments passed, they wrote me back that it was a big enough audience for them to be bothered with. Who is there to stop the runaway HOA Board is the law will not be enforced??? Do they have a free pass on violating the law????

    • Sadly, the response that you received from the Attorney General is all too common. Many others complain to the Attorney General but do not even receive a response.

      City and County officials also often have this same stance that they are not concerned with the POA actions that are violations of the law. Even worse, some local governments assist POAs, rather than protect homeowners.

      The most important people to stop a runaway board are the owners of the association itself. Get a group of homeowners together to either amend the restrictions/rules or vote the current Board out. We can provide support, and including advice learned from past success. Another option may be to sue, but there are often reasons not to sue.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

    • Same thing happened to me thru Ken Paxton’s office..we ended up getting g a high priced lawyer and still working on issues with county DA and county Attorney

  146. How do you determine if a POA is legitimate and in good standing with the state of Texas?

    • The following steps can help you determine if a POA is legitimate:

      1. Check your closing documents, in the title insurance policy it should state whether or not a POA existed when you purchase your property. In rare circumstances, a POA is established after closing. In recent years, a disclosure form may also be included in your paperwork.
      2. Check with the Secretary of State if the POA Articles of Incorporation have been filed
      3. Check the County records where the POA exists to determine if deed restrictions, also called declarations, CCRs, or covenants have been filed
      4. If being managed by a management company, again check the County Records for the filing by the management company stating their POA representation

      As for “good standing”, POA members should be aware that a POA can still be powerful even if not in “good standing”. “Good standing” issues, especially those at the Secretary of State, often are easily resolved by the POA.

      **Disclaimer – Everyone’s situation is different and this is not legal advice**

  147. 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.

  148. 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.

  149. 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.

  150. 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.

  151. 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!

  152. 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.

  153. 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?

  154. 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.

  155. 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.

  156. 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.

  157. 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.

  158. – 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).

  159. 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.

  160. I live in a Polk co. subdivision run by nepotism! Our bylaws and deed restrictions are not followed by the board members and we are trying to get them all out. We started trying to vote them out and they changed the rules and denied proxy voting which is in our deed restrictions. They tried to keep the annual meeting a secret by only posting it the night before the election. At the meeting the secretary that controlled the ballots and two other people handling ballots were asked aren’t you the wife of a running member? Yes! Anther was asked? Aren’t you related to the president? Yes !daughter in law and another was cousin We started a petition to remove the entire board for not following deed restrictions and bylaws and they immediately started calling people and threatening them and posting deed restrictions violations against people on our petition . They immediately called for a meeting and now we are waiting to see if they will call for another election or step down. They say they have to talk to their attorney. We sent this information certified mail and I think we are supposed to have our own election after 30 days without a response. All we know is what we have read online and our Texas code book.

    • I also live in Polk county in a subdivision.
      We have the same problem as the board of directors do not follow T.P.C or our by-laws. They make up their own rules. I have given property owners a chance to get rid of them with no results. July’s monthly meeting they announced a road assessment ballot will be sent to members. Included in the ballot is an annual road assessment of $100.00 per lot. And they said any ballot that is not returned will be counted as a yes. Right now we pay $90.00 annually per lot. So this would be over a 100 percent increase.

    • I NEED SOME HELP ON HOW CAN I RUN A PETITION TO GET THE PRESIDENT OUT OF OFFICE BECAUSE HE IS VERY ABUSIVE ESPECIALLY TO THE HISPANIC THEY ARE SENDING VIOLATIONS AND THREATENING TO FORCLOSE IF THEY DO NOT PAY THE FEES. I OWE THEM $1045 AS NOW IS GOING TO BE MUCH MORE NEXT MONTH.

      • HOA Reform Coalition

        Thank you for contacting the HOA Reform Coalition of Texas. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.

  161. 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.

  162. 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.

  163. 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?

  164. 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.

  165. 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?

  166. 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.

  167. 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.

  168. 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.

  169. 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.”

  170. 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.

  171. Independent Communities is having an HOA poll. Once you vote, you can see the results of how others’ voted. You can visit it here https://independentamericancommunities.com/2019/02/03/what-readers-think

  172. 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.

  173. Texas passes HOA and Condo laws, but does not have a way to enforce them. It is up to the owner to enforce codes, etc. Look at my effort with Hide-A-Way Lake Club, Inc. Go to this site: http://www.godslittlehoa.com/

  174. Our condo association is ruled by one owner that owns 70 percent of the condos No one can get on the board except who he wants because he controls the number of units. The property management used to work for him and their homeowners are stuck with the same president and no one else can get on the board.

    • One of the dangers of condo life is control by owners/investors of many units.

    • war wrote 2/17/19: Most of the 50 townhomes are now owned by three individuals who do not reside here (they see this as investment property) but they control
      the majority vote. There is something implicitly wrong with the idea
      that the people who do not live here decide how I and others will/must
      live!

  175. 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.

  176. 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!

  177. OUR NEIGHBORHOOD IS HOPING THAT YOU CAN HELP DIRECT US TO A COUPLE OF ATTORNEYS WHO ARE FAMILIAR WITH HOA/POA TX STATE LAWS.

    OUR CURRENT BOARD IS CONTINUING TO COMPLETELY DISREGARD OUR BY-LAWS, DEED RESTRICTIONS, as they continue RELENTLESS HARASSMENT TO THE HOMEOWNERS .

    WE NEED AN ATTORNEY TO REPRESENT US, THE HOMEOWNERS AGAINST A BOARD THAT HAS GONE ROGUE !!! WE ARE STILL IN THE THROES OF TRYING TO RECOVER FROM HARVEY. THESE ARE OUR FELLOW NEIGHBORS who ARE HARASSING US.

  178. 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.

  179. 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!!!

  180. 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.

  181. 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.

  182. 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.

  183. 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.

  184. 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.

  185. 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.

  186. 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.

  187. 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?

  188. 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.  https://hoareformcoalition.org/only-the-power-of-the-people-can-win-back-homeowner-freedom/

      • 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.

  189. 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.

  190. 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 .

  191. 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!

  192. 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.

  193. 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.

  194. 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.

  195. 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.

  196. 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.

  197. 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.

  198. 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.

  199. 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.

  200. 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.

  201. 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  http://www.hoadata.org/MarthasTips.pdf could help you.
      For “Creation of a Property Owners’ Association” consult Texas Property Code – Section 204.006.

  202. 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)

  203. 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.

  204. 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.

  205. 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.

  206. 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.

  207. 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?

  208. 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.

    • HARVEY FLOOD WIPED OUT OUR GARAGE AND YARD.
      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?

  209. 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.

  210. 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.

  211. 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.

  212. 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.

  213. 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?

  214. 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.

  215. 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.

  216. 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?

  217. 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.

  218. 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?

  219. 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.

  220. 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.

  221. 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!

  222. 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.

  223. 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?

  224. 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.

  225. 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 : http://www.legis.state.tx.us/ 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: http://hoareformcoalition.abouthoas.org/support-homeowners-rights/

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

  226. 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.

  227. 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.

  228. 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.

  229. HOAs need state over-sight NOW!
    See this site for a complete over-view.
    http://www.godslittlehoa.com

  230. 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.

  231. 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.

  232. 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?

  233. 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.

  234. 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.

  235. 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.

  236. 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.

  237. 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.

  238. 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.

  239. 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?

  240. 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.

  241. 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: https://www.youtube.com/watch?v=PdL4t1ldT2Q

  242. 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.

  243. 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.

  244. 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.
      24

  245. 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.

  246. 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.

  247. 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.

  248. 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?

  249. 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.

  250. 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?

  251. 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.

  252. 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.

  253. 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

  254. 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.

  255. 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?

  256. 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.

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

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

  259. 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.

  260. 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!

  261. 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.

  262. 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.

  263. 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.

  264. 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?

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

  266. 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.

  267. 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?

  268. 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.

  269. 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?

  270. 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.

  271. 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.

  272. 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.

  273. 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.

  274. 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?

  275. 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.

  276. 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.

  277. 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.
      24

  278. 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.

  279. 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?

  280. 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.

  281. 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.

  282. 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.

  283. 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. !!!!!!!

  284. 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.

  285. 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.
    WE NEED STATE SUPERVISION OF THESE HOA’s.

  286. 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.

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

    https://hoareformcoalition.org/2016/06/24/nevada-anthem-highlands-president-removed-must-personally-pay-hearing-costs-and-legal-fees/

    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.

  288. 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.

  289. 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.

  290. 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?

  291. 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?

  292. 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).

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

  294. 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.

  295. 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”.

  296. 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.

  297. 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!

  298. 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.

  299. 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?

  300. 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.

  301. 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?

  302. 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.

  303. 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”.

  304. 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.

  305. 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.

  306. 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?

  307. 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.

  308. 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.

  309. 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.

  310. 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.

  311. 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.

  312. 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?

  313. 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.

  314. 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!

  315. 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.

  316. 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?

  317. 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.

  318. 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.

  319. 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 http://www.onthecommons.us and Attorney David Kahne’s http://texashoas.org/ 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.

      https://petitions.whitehouse.gov/how-why/introduction

    • 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.

  320. 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.

  321. 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.

  322. 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.

  323. 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.

  324. 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.

  325. 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?

  326. 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.

  327. 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.

  328. 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:
      Sec. 204.010. POWERS OF PROPERTY OWNERS’ ASSOCIATION.

      (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;

  329. 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.

  330. 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.

  331. 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.

  332. 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.

  333. 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?

  334. 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.

  335. 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.

  336. 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.

  337. 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.

  338. 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.

  339. 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.

  340. 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.

  341. 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.

  342. 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?

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

  344. 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”. http://WWW.HOAdata.org is more evidence of the thousands of “isolated instances”.

  345. 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?

  346. 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.

  347. 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.

  348. 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.