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

  2. 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**

  3. 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.

  4. 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**

  5. 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**

  6. 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**

  7. 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**

  8. 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**

  9. 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**

  10. 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**

  11. 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**

  12. 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**

  13. 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**

  14. 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

  15. 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**

  16. 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**

  17. 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.

  18. 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.

  19. 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

  20. 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.

  21. 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**

  22. 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

  23. 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.

  24. 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?

  25. 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?

  26. 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**

  27. 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**

  28. 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.

  29. 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.

  30. 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.

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

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

  33. 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**

  34. 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.

  35. 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**

  36. 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**

  37. 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**

  38. 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.

  39. 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**

  40. 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**

  41. 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**

  42. 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**

  43. 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.

  44. 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**

  45. 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**

  46. 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

  47. 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**

  48. 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.

  49. 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**

  50. 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

  51. 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.

  52. 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.

  53. 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.

  54. 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.

  55. 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**

  56. 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.

  57. 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.

  58. 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!

  59. 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.

  60. 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**

  61. 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**

  62. 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**

  63. 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**

  64. 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**

  65. 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.

  66. 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**

  67. 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

  68. 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**

  69. 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**

  70. 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**

  71. 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.

  72. 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**

  73. 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**

  74. 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**

  75. 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**

  76. 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

  77. 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**

  78. 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.

  79. 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.

  80. 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.

  81. 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.

  82. 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!

  83. 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.

  84. 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?

  85. 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.

  86. 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.

  87. 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.

  88. 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.

  89. – 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).

  90. 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.

  91. 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.

  92. 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.

  93. 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.

  94. 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?

  95. 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.

  96. 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?

  97. 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.

  98. 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.

  99. 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.

  100. 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.”

  101. 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.

  102. 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

  103. 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.

  104. 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/

  105. 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!

  106. 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.

  107. 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!

  108. 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.

  109. 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.

  110. 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!!!

  111. 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.

  112. 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.

  113. 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.

  114. 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.

  115. 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.

  116. 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.

  117. 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.

  118. 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?

  119. 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.

  120. 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.

  121. 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 .

  122. 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!

  123. 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.

  124. 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.

  125. 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.

  126. 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.

  127. 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.

  128. 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.

  129. 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.

  130. 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.

  131. 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.

  132. 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.

  133. 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)

  134. 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.

  135. 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.

  136. 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.

  137. 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.

  138. 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?

  139. 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?

  140. 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.

  141. 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.

  142. 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.

  143. 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.

  144. 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?

  145. 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.

  146. 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.

  147. 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?

  148. 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.

  149. 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?

  150. 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.

  151. 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.

  152. 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!

  153. 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.

  154. 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?

  155. 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.

  156. 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.

  157. 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.

  158. 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.

  159. 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.

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

  161. 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.

  162. 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.

  163. 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?

  164. 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.

  165. 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.

  166. 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.

  167. 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.

  168. 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.

  169. 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.

  170. 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?

  171. 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.

  172. 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

  173. 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.

  174. 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.

  175. 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

  176. 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.

  177. 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.

  178. 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.

  179. 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?

  180. 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.

  181. 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?

  182. 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.

  183. 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.

  184. 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

  185. 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.

  186. 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?

  187. 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.

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

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

  190. 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.

  191. 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!

  192. 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.

  193. 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.

  194. 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.

  195. 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?

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

  197. 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.

  198. 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?

  199. 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.

  200. 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?

  201. 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.

  202. 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.

  203. 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.

  204. 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.

  205. 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?

  206. 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.

  207. 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.

  208. 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

  209. 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.

  210. 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?

  211. 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.

  212. 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.

  213. 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.

  214. 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. !!!!!!!

  215. 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.

  216. 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.

  217. 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.

  218. 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.

  219. 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.

  220. 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.

  221. 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?

  222. 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?

  223. 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).

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

  225. 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.

  226. 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”.

  227. 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.

  228. 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!

  229. 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.

  230. 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?

  231. 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.

  232. 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?

  233. 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.

  234. 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”.

  235. 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.

  236. 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.

  237. 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?

  238. 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.

  239. 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.

  240. 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.

  241. 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.

  242. 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.

  243. 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?

  244. 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.

  245. 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!

  246. 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.

  247. 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?

  248. 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.

  249. 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.

  250. 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.

  251. 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.

  252. 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.

  253. 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.

  254. 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.

  255. 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.

  256. 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?

  257. 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.

  258. 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.

  259. 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;

  260. 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.

  261. 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.

  262. 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.

  263. 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.

  264. 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?

  265. 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.

  266. 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.

  267. 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.

  268. 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.

  269. 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.

  270. 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.

  271. 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.

  272. 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.

  273. 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?

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

  275. 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”.

  276. 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?

  277. 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.

  278. 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.

  279. 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.

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

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

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

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

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

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

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

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

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

    I would appreciate hearing from anyone that disagrees.

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

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

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

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

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

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

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

      (c) The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  301. Installed wrong colored roof, being sued,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Thank you for this site.

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

    • From Property Code 204:
      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;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    • Here is part of Property Code 204:
      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;

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

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

      (c) The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    http://godslittlehoa.com/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    • Quoting Ole Madsen (HEAR4NC.org):

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

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

    • The following part of 209.0041 applies to your question.

      Sec. 209.0041. ADOPTION OR AMENDMENT OF CERTAIN DEDICATORY INSTRUMENTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    Where can we get help?

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

      http://privatopia.blogspot.com/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    What can I do?

    • You might find this paper http://www.hoadata.org/ReclaimHOA.pdf helpful.

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

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

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

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

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

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

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

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

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

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

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