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.***
HOA Reform Coalition 
Moriarty is withholding from running candidates over the last 3 elections, the name and contact information for the voting members for commercial interests in our community. These commercial interests are almost exclusively voting for Moriarty (or the handpicked folks he is publicly promoting) and basically deciding elections here. Homeowners are getting drowned and we don’t even know who these people are or if they are even authorized by some of these large corporations to vote on their behalf (we are not provided breakdown of homeowner vs entity votes.
Do they owe us the contact information?
We are unaware of anything that would require the HOA to furnish contact information.
Thank you. What is meant by Texas Property Code 22.158? We must be misunderstanding the intent there then.
https://codes.findlaw.com/tx/business-organizations-code/bus-org-sect-22-158.html
Our HOA is a registered non profit
Oh boy do we have your Moriarty right here in the Katy burbs. This message is on behalf of an advocate group in our comnmunity.
Recently had an election and the volunteer tabulators were denied access to the online votes (or a roll representing) and were only given access to proxies, which are how (another rule change) are superseded by online votes anyway.
Is the community owed a re-do without the burden of cost per 209.0057?
Pet Club President brought a bag of poop to my home 2-3 hours later after I left dog park.
8. The BOD and the management company have resulted in only having a zoom meeting. BOD do not show their faces and we don’t know if BOD are there in the meeting. Whenever a homeowner comes up with something the board disagrees with you are moved to the waiting room never to return. If the meeting was in person they would not be able to dismiss you. This is their way of controlling the community’s voice. We have not seen the BOD on zoom meeting since COVID.
I am having problems with essex property management my HOA. I am paying a payment plan and they are adding collection fees and late fees monthly. I have tried to work with them but they are rude and don’t care I am on a limited budget.
HOAs can add collection fees and late fees if allowed per the governing documents. It is unfortunate that an HOA would continue to be aggressive in collections when someone is obviously trying to do the right thing
Can the board president be on a contract to be paid as maintenance manager? To me that is a conflict of interest. Who should I contact to file a complaint. I have reason to believe that collusion is taking place among the board members who approved this. The payment was raised from $300 to $700 when they voted to give him the position without posting it for other homeowners to apply.
To our knowledge there is nothing preventing Board members from being paid for their duties or services unless your governing documents prohibit this activity.
Note: This is not legal advice
our attorney said board members could do things and be paid, but here it is, but the board had to get three other buds and the board members bid had to be lower and that board member could not see or be in on any discussion about the bids
every bill sent to us was sent to the address of a home we sold 7 years ago. WE NEVER GOT A BILL
we moved into our home in 6/22 We only lived in one other community with an hoa and the dues were escrowed so we wrongly assumed that was how it was done. 11/23 we got a hill from an attorney with 1540 dollars in fines and fees above the original 650 we owed. I even got a pool pass and had to verify my address in June of 23. I feel like I live under a mean dictatorship’s rule. The president for the board even told one of my neighbors we just refused to pay. How can this be right
Hello my question is in regards to my hoa board who handles the water company as a mud district, recently without the neighborhoods knowledge they passed a policy that’s stated if you water bill is past due even a day you now have to pay the past due and next months bill due or not to avoid interruption is that legal?
Frustration with Texas Attorney General and Local Sheriff. It appear that in the State of Texas there is not criminal activity that a board of directors can engage in.
Our Board sold or gave away 21 acres of common property in 2018. We are a nonprofit corporation. According to Texas Penal Code 32.45 (2) Misapplication for property by a fiduciary in violation of agreements, the board members conspired to assist a friend in obtaining the entirety of an undeveloped section.
Our Bylaws and CC&R’s state that the board may from Time to Time convey common property for public use, provided 2/3’s of the property owners vote in favor of such. The facts are this vote never took place. But the board president and treasurer who transferred this property under a Special Warranty Deed, filed a certificate of corporate resolution with the county clerk that the property owners did indeed vote to convey this property. A vote/election that never happened.
A couple property owners contacted the Sheriffs department, to only be told that anything regarding a HOA in Texas per the Attorney General is or cannot be criminal, it is all civil. So if the board assisted a friend in profiting in a real estate transaction in excess of $100,000, and the property owners are upset about it, they must take it up on the courts.
In order to facilitate this fraud, the board also needed to get the property owners to amend the CC&R’s. So in 2018, they sent out absentee ballots, as that was the only means of voting, declaring that the owners of the lots and blocks needed for the association to convey all common properties so they could clear title, and that such a vote took place in October of 2017, which it didn’t, and that the final action needed to seal the deal was a vote by the property owners of 51% to amend the CC&R’s to remove this section from the restrictions.
In Summary, if you want to engage in fraud in Texas without fear of any kind of criminal action being brought against you, get your self on a HOA board. FYI, since 2013, our board has never held an honest election. Family members are on the election committees that count ballots for board members running for election. You might ask why doesn’t anyone sue the board, RETALIATION! They are represented by the Premier Legal Firm of Cagle Pugh, and they are quick to find you in violation of the rules should you give any pushback at board meetings. Prior to the most recent change in the fees laws, the cost of any violation was $200 a day or $600 a month. Some property owners have had their annual dues payments not applied to their accounts just for speaking up, only to find liens placed on their properties.
COA president bullies, swears at, threatens contracted vendor. Have video. New Owners have reached out to say same and we meet and often are hired as the other Owners have used us for years for remodels and we have a 5 star track record. We have received notice and are happy to go, but it is sad after 20+ years as facilitied management (not admin). Zero complaints and not for cause, over 200 emailed bids, recommendations for preventative maintenance over 2 years ignored and damages, fines and a fire have resulted. The crowning event was being screamed at during a fire, which was warned might happen, and pushed and shoved by BoD President. Also on video. Should we go quietly or should we have our attorney say we something about the outlandish behavior and aggressive efforts to damage our reputation?
We are not attorneys so we cannot recommend that your pursue a legal course or not. That is solely up to you and those involved.
Does Houston HOA have jurisdiction over city parking regulation, parking tow truck parked on sidewalk in front of my private residence?
Depends on what your governing documents say and/or if you are in a gated community with private roads. There are some that believe if the streets are public streets then the HOA may not be able to enforce parking on the streets.
Note: This is not legal advice.
I live in a Conroe, Texas community under a developer-controlled HOA Board as this is a new construction community with less than 75% occupancy. The Board is not providing meeting minutes, a detailed accounting of all monies collected, or a detailed accounting of expenses. It is forcing residents to adhere to landscape guidelines that pose a health hazard to residents and pets within the home. Requested variances, appeals, and hearings are denied based on favoritism and disgruntled neighbors instead of presented facts and supporting documentation. The approved community landscape list states that Sago Palms Trees are allowed so we planted Hybrid Sago Palms Trees (male hybrid – meaning no flowering) due to severe allergies to the flowering female, but the HOA board denied our variance stating that Sago Palm Trees are categorized as shrubbery or bushes and are not considered to be shade or ornamental trees. During the hearing, we presented scientific evidence and proof to support our case along with medical evidence for myself and my two fur babies as to why the variance was requested. We also presented video surveillance footage as proof that a neighbor who was forced to remove palm trees from their front yard in 2022 came to our property on 09/22/2023 to take pictures and videos of our front yard, the same people called the HOA Management Company, CIA Services with verbal complaints against us stating that they will bring suit against the HOA Board we are not forced to remove the trees as they were the year prior. The HOA Board refused to accept the presented documentation and evidence into the record during the appeal hearing and further refused to hear anything we had to say during the hearing. The HOA Board denied our appeal during the hearing on 11/20/2023 and is now forcing us to replace the trees and plant additional trees by 12/31/2023.
Unfortunately this is what living in an HOA is like. The Board can approve or deny requests from the membership. As the Board changes so do the preferences in the subdivision.
We’re HOA’s supposed to raise assessments during the moretorium in King County?
We are unaware of any moratorium that would prevent an HOA from raising assessments.
How does the recently pasted “right to farm” law apply to hoa homeowners? In my opinion the right to grow your own food is a basic human right to life. Especially, with collapsing supply chains and unchecked inflation. VICTORY GARDENS!!
The new law passed that HOA’s can no longer deny security or perimeter fences. What can I do as a homeowner if they still deny my request? One of their requests states that I HAVE to have a gate that either rolls or opens towards my house. Do I have to have a gate? I cannot put one that opens towards my house as my driveway isnt even that long. It would open up and hit my parked car each time I try to back up. The rolling one would also be a hassle because I would have to sit and wait for it to open up, stopping traffic both ways on our street. Not to mention I would have to have electricity ran which would cost way too much for my budget. What it boils down to is it a law in Texas that I MUST have a gate on a perimeter fence AND must I include my entire front yard? Why can’t I exclude my driveway and I close all of my front yard except my driveway? What resources do homeowners have with matters like these? I asked for a complete compliance list regarding my community from my HOA but they only sent me the section on fences. I was told I needed to contact another person because I would need a password. Why are the rules and regulations password protected? I’m so confused and feel worse off for even requesting fencing.
Section 202.023 of the Texas property code addresses this issue. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm The code still provides the HOA some control over the fencing. ***Note this is not legal advice***
Sec. 202.023. SECURITY MEASURES. (a) This section does not apply to:
(1) a condominium as defined by Section 81.002 or 82.003; or
(2) a master mixed-use property owners’ association subject to Chapter 215.
(b) Except as provided by Subsection (c), a property owners’ association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence.
(c) This section does not prohibit a property owners’ association from:
(1) prohibiting the installation of a security camera by a property owner in a place other than the property owner’s private property; or
(2) regulating the type of fencing that a property owner may install.
Added by Acts 2021, 87th Leg., R.S., Ch. 716 (H.B. 3571), Sec. 1, eff. June 15, 2021.
Added by Acts 2021, 87th Leg., R.S., Ch. 951 (S.B. 1588), Sec. 4, eff. September 1, 2021.
regarding elections our HOA completely controls the election process. They have the ability to view what is supposed to be a confidential election process and review all votes before the election counters. what can we do as homeowners to ensure a just voting process that is not manipulated by the board to ensure only the people they want are elected to the board
What is suppose to be done is that the members at the election meeting vote in Tellers. No one who is on the election ballot should have access to the ballots before they are secured and counted. I also believe that there is a section in the Texas Property Code regulating HOA’s that address this issue.
https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm
Our HOA has an account with $182,999.20 in it. From what I have discovered, this money has been collected since 2019 and never spent. Can they keep this money from the homeowners?
I would like to see a law that restricts HOAs from passing late assessment to collections/ attorney within 90 days. The 90 days did not provide adequate time to resolve the issues and the clock did not stop when I reached out for help both locally or with the out-of-state office. They did not take my account out of collections even when made aware of the account number issue and response of the regional office. So no adequate resolution was attempted even though the 90 had started a whole quarter earlier than it should have.
I live in Fredericksburg Texas, Gillespie county. I live outside the city limits in Cool Water Ranch subdivision on 10.87 acres backing up to unrestricted ranch land. The HOA laws say BB guns, air rifles, discharge or firearms are all prohibited however, it says you can discharge a firearm if there’s a varmint, or some thing threatening live for property. I found out about the new Texas law in 2021 passed SB 741 says clearly that an hoa cannot have laws that regulate or prohibit lawful discharge of firearms. So, doesn’t stay law trump this hoa BS?
Sec. 202.021. REGULATION OF FIREARMS OR FIREARM AMMUNITION. A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits, restricts, or has the effect of prohibiting or restricting any person who is otherwise authorized from lawfully possessing, transporting, or storing a firearm, any part of a firearm, or firearm ammunition, as well as the otherwise lawful discharge of a firearm.
We are not attorney’s so we cannot give legal advice on this matter but you can share your information above with your HOA. Typically state law will trump any HOA rule or regulation. We advise that you consult an attorney or the HOA attorney for a definite ruling. **Note. this is not legal advice**
What you need to consider is, what is “lawful discharge”. What the state is saying is that the POA cannot override a law that permits you to shoot at varmints. If the city or county has a law that prohibits the discharge of a firearm in your area, then it’s not a lawful discharge. Shooting a firearm in a subdivision is not usually permitted.
The Residential Property Owners Act is a failed bill. As I enter my 5th year of legal issues with our HOA board, I have finally come to the realization that this law has no affect on protecting property owners rights. Attorney General Paxton on his State Website says that they do not investigate HOA boards. This has opened the door for HOA boards to steal from their neighbors with no consequence.
It would seem that if this was happening the property owners could just elect a new board. But in our situation, this board that has been in place since 2013, manages and runs all board elections. They have never complied with the election requirements in the association Bylaws nor the provisions of Texas Property Code 209.00593(a-1), that states boards “must” implement very specific procedures in running board elections. Our board willfully refuses to comply, and this year, the Management Company they hired assisted them in running fraudulent elections.
I believe that it at the very minimum be a misdemeanor to fraudulently hold board elections with the intent of restricting other property owners from serving on the board, restricting voting of property owners.
take them to small court
Well, herein lies the problem with members who have issues with their POA. It always seems that the homeowner describes the situation and feels that they have all the legal backing from the CCRs, State Property Code, By-Laws, etc. yet never take it to the next level. If you think that you have the law on your side, hire a lawyer (someone who specializes in property code and POA law) and review your complaint with them. If the lawyer thinks that you have a case, sue them. What it boils down to is, do you want to spend the money to do it? Commenting on public boards and other websites will not fix your problem. It’s a legal issue so either get a lawyer or move. Those are your choices
I see many things discussed are addressing homeowner rights and that is understandable. However, I am struggling as HOA President of the Board in a small neighborhood (less than 70 homes) that refuses to participate in any way. 3 years ago 3 people volunteered, and by default got the 3 Board spots. This was to help correct issues that came up when we discovered our bills were not being paid and the developer never properly turned control over. We all learned by jumping in because we realized our money was not being handled properly! 4 years went by with not one person understanding what was happening, we all just paid dues blindly. Then our water got cut off and electricity was next. we have very few HOA bills due to not having a large common area to deal with. 3 years later all 3 of us are still holding our Director spots because no other owner will step up. We have sent informational flyers begging for help. Our finances are finely good, things looking better with landscaping, but no one seems to care. We can’t hold a meeting for lack of quorum. We can’t step down because we are afraid to go back into a state of unpaid balances and unkempt common areas. We are all burnt out and our resale values are sinking quickly….any resources and information that could help me would be very much appreciated.
Maybe its time to ask the community what they want from an HOA. Many HOAs were established by the developer and the residents were required to be part of the HOA if they wanted to purchase the house. Maybe the residents want a low key HOA or maybe something that could evolve into a civic organization or a non-mandatory HOA. Just depends on what the HOA really needs to maintain. One should note that an HOA does not guarantee preservation of home values. There are many folks in the market for homes that are not in HOAs
I would first look at your bylaws and see what is required to meet quorum. Most in Texas require 10%. Not sure what state your in but what I would recommend i”getting your three board directors to go meet and greet your neighbors one on one and form a neighborly relationship. This way when the time comes you can ask for their support by coming to the annual meeting and or send in their proxy. This is a sure way of getting the HOA on track and moving in the right direction. Hope that helps.
Hi there, our HOA is royally screwing us and the entire neighborhood is sick and tired of it. They are obligated to have the front lawn cut according to what our fees are used for and they stopped for over 5 weeks now, our lawn looks so unkempt, when we call they ignore our calls and even go as far as to answer, pretend there is static and hang up. They stated they ran out of funds even though they charged everyone with a late fee. We want to complain legally but we don’t know where to start, and our neighborhood agreed that we would rather start our own HOA within the neighborhood. How can we go about this? And how can we complain to where they actually do their job? The late fee was totally unjustified because it’s a new construction neighborhood and nobody knew how to pay, they sent letters out on how to pay 2 months after the payment was due, and then dinged everyone with a late fee, and when asked about it they declined everyone’s request to waive the late fee. All they do is have people come and cut the lawn and they pay the water bill for the sprinklers, that is it. So frustrating! And expensive for such little value.
I have a new question about the formation of an HOA. I recently found out that the HOA that I live in was NOT formed within the 180 days after 75% of the home were occupied as required by the Texas statue. Is this a legal HOA?
Since you are asking a legal question, it would be best to contact an attorney on this matter
Can an HOA come onto your property and remove items without permission from the home owner.?They are using property code 202.004 as their basis to do so.
Depends also on what your deed restrictions say but most deed restriction will allow the HOA to bring the property into compliance. This gives the HOA the ability to do force mowing and etc.
If POA covenants do not allow asphalt driveway, but owner A was given permission, owner B was refused, does owner B have ground to challenge the decision?
Yes, one would think that since the asphalt driveway was allow then another resident should have the same right. However, one would need to find out if there were any reasons for why asphalt was allowed that would only exist for that particular property. Maybe there are some underground lines that would only allow asphalt to be used. Who knows but first ask the questions for why it other was approved.
HOA Management Company- refused to allow our HOA board to resolve a pool replacement issue for 3 weeks in zip code 77095. The management company responses disregarded our attempts to get a new quote for a seal replacement on a community pool in which the contractor company under hire with the Management company overcharged with a $995 cost for replacement and labor. A second outside quote from a reputable and licensed pool company was $65 total. When confronted with this, our HOA team was met with excuses and berating email responses, and attempts to force us into paying the Management Company approved contractor $995 despite the obvious evidence of fraud. We dealt with pushback for 3 weeks while no repairs were able to be done, likely causing more damage to the equipment. After continuing email excuses and finger pointing to us as homeowners not understanding HOA rules, I reluctantly resigned as secretary of my HOA as a homeowner. This Management company should be allowed to get away with bullying or forcing boards into accepting unreasonable charges or contractors just because they are under the cronyism of the Management Company.
It’s time you reminded them that they work for you. You asked for 3 bids, they must give you three bids…if they don’t use who you want it’s time to get rid of them. See if you contract is up, and meet with new companies decide and then the new company will help you break away.
Can an HOA, without any mention in their bylaws or CC&R, restrict an absent owner (seasonal resident) from attending the monthly meetings via FaceTime?
You may find Sec. 209.0051. OPEN BOARD MEETINGS https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm with some useful information for your circumstance if your association fall under this Texas property code. **Note this is not legal advice**
Hi, recently the HOA sent a fine without giving notice, are they allowed to do that without any warning? It is over trash can visibility. When I pointed out that tenant just move-in and there was no notice given. Their respond was that they sent certified letters dated 1/18/2023, 4/24/2023, 5/8/2023, 5/22/2023, and 9/11/2023. So between 3rd and 4th notice, there is 4 months in between. Is this even legal and allow? I was trying to help owner get credited for the fine imposed
The application of fines, in our opinion, is not well defined. Since the association sent certified letters. Did the association send the letters with a return receipt? Typically this is done so the association can prove that the letter was received by the homeowner. Have you asked if the letters had a return receipt to prove that they were delivered correctly? Ask for the proof that these letters were sent and received by the homeowner. That would be the place to start. Sometimes the association has the wrong address and the letters were never delivered.
Hi yes they did have receipts but between May and september it is 4 months away and they did not give any notice to correct the issue prior to September, When I ask for document to proof, they went silent
If you have information please contact me at wankowskikurt@gmail.com. The issue: I have discovered that POA management companies do not have to be licensed in the State of Texas. In April of this year our board of directors, who have been in control of the association for the past 10 yrs have maintained that control by not holding valid elections and restricting who can vote.
This year the management company, which cost the association $18,000 plus fees is facilitating the upcoming board election on 15 October 2023. On 28 September 2023, the Property management Company mailed out election materials along with Absentee ballots. At no time prior this date was any information disseminated to the property owners on how to be a candidate for the board and get your name on the ballots mailed to the property owners.
The only candidates on the ballot are the currently seated board members that in April 2023 voted unanimously to hire this management company. Any other property owners that desired to run are required to run a write in campaign against the seated members.
The association manager of this large POA management company stated that they met the requirements in July 2023 at an online board meeting with 6 of 7 board members present and three property owners present, when at the meeting she asked if anyone desired to run for the board. The association of 205 property owners is being conspired against by the board of directors and management company. All of this in violation of §209.00593(a-1).
Does anyone know of an attorney or attorneys that have filed class action lawsuit against HOA Property Management Companies for conspiring with HOA boards to ensure contract renewal?
I have approximately 10 property owners at this time that would sign on, and possibly more. Our board of directors as a matter of practice knowingly violates §209. They pass budgets in secret meetings, increase dues outside of board meetings, place liens on properties w/o property notification.
We are not attorneys so we cannot offer legal advice. But we can refer you to 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**
How is Texas Property Code 209.00593(a-1) interpreted. I have been told by our recently hired management company that there is no notification requirements to the property owners to get their names on absentee ballots mailed out to the property owners. So in our upcoming election on 15 Oct, the only names on the ballot are the currently seated board members. Anyone else that wants to run must run in a write in campaign. At least this year they actually sent out ballots and let everyone know they had to re-elect the same board members. The management company contract is up for renewal early next year, the four board members on the ballots are the same four board members who voted unanimously to hire this management company PAMco. I’m not saying they are fixing the election to make sure their contract gets renewed, but you have to follow the law or the perception is you are rigging an election.
The annual election meeting is not a board meeting it is a homeowners meeting and the homeowners have a right to nominate from the floor.
In addition it’s not only the State Property Code that is in play here, it is also the Bylaws of your HOA. So you need to read those closely regarding annual elections. As long as anything in your Bylaws is not in conflict with the State Property Code regulating HOA’s, then it is a legally binding document which is required to be filed with the Country Property Records.
Disclaimer: I am not an Attorney and this should not be construed as legal advice in lieu of an Attorney.
Ex-President/Ex-Treasurer of an HOA
Parliamentarian previously for two non-profits (outside of the HOA)
Look at your bylaws, every management company we have been with, will say you have to send a request for nominees out at least two weeks before you want to send the ballot out.
I am seeking assistance in resolving a few issues regarding my HOA.
1. I recently received an email from the HOA indicating that I owe back payments of $3100. However, I have been making my payments every month and if it is beyond the due date, I include the $50 late fee plus a 8% additional fee that they have added. When I reviewed the payment spreadsheet, it shows that the HOAs increased the payment from $281.99 to $366.59 in July 2019. This information was not provided to me until in 08/2023 along with a bill for backpay in the amount of $3100. Isn’t the HOA responsible for providing written notification if the monthly assessment fees are increasing? Should this information have been shared with me prior to receiving a bill for backpay 5yrs later. I should also add that the HOA president refuses to provide us with a monthly bill or receipt of payment. Also, how can we be charged an additional 8% fee non top of the late fee, is this allowed by law? I also would like to know how can I obtain a copy of the taxes filed to determine if the increase in assessment fees are being accurately reported?
2. I have requested reports from the monthly HOA meetings for the past several years. We are not notified of the meetings, do not receive a copy of the meeting notes and have not been included in any of the voting that should be taking place regarding HOA Board positions and/or changes within the complex. It should also be noted that the HOA president has a personal vested interest in the complex as she owns approximately 65% of the units, which I would assume that there are some conflicts of interests with this practice. Are the Board meeting notes public record and how can I obtain copies if the HOA president is refusing to release them to me.
3. I have several concerns including harassment and discriminatory practices by the HOA president. Where should I turn to report these actions and clear violations of the law by the HOA?
I am in desperate need of assistance as I have no idea where to turn.
Although you are saying you are in an HOA (Homeowners Association), it sounds more like you are in a COA (Condo Owners Association). Those that live in a COA do not have as many protections as those who live in a HOA from the State Property Code. With that said, you will need to review your association documents about how you can properly request inspection of association documents and copies.
We live in a gated community 55 +. We have wooden fences between neighbors and the back. We have replaced the back fence and split the cost with that neighbor. Our other two neighbors are a 95 year old man who gets someone to prop up the fence on his side when it starts to lean.
The other neighbor we never see will not answer the phone or door but has also refused to work with the neighbor on her other side. Our HOA has given us no help other than “try to work it out”. Can we replace and put a lien on their property? Other options?
We cannot offer legal advice as to whether or not you can put a lien on their property concerning a fence. Your experience with shared fences is a common one. Typically the HOA deed restrictions will say that each homeowner who shares the fence all burden the cost of repair. But the HOA will stay away from conflicts when a person will not pay for the fence. Just as your association has done. It really comes down to, even if you put a lien against someone will you ever get the money back. You may or may not. It is something to consider.
If your CCR’s state that the cost is to be split between the owners of the shared fence it is the duty of the Board to enforce the CCR’s as written without prejudice.
In our HOA if one owner did not want to pay for their half of a fence that clearly needed to be replaced and/or repaired, then the HOA would pay for that half and assess the non-paying resident.
I am in the process of building in an HOA community but have been told the exterior finish I have chosen is not allowed? I want cement board and batten and they say I must have brick. The neighborhood has other homes with the same material and the new home across the street from my lot has stucco? I so confused is this considered despaired impact, or unfair practice?
This is a common problem with HOAs, equal enforcement of the rules. At times it can seem arbitrary what is allowed and not allowed when one neighbor is allowed to make a change and another is not. We would recommend that you try and work the conflict out with your Board. Take pictures of the houses that have the exterior finish that you are seeking and ask them why they were allowed to have this exterior finish. Maybe these homes were grandfathered or something. But first ask questions for why and seek out a compromise.
I live in a condominium community. I asked our management company about meetings minutes and was told that the 2021 legislative act did not apply since we are a COA and not an HOA. Is that true?
Yes, there are different rules for COA and HOAs. Those that live in HOAs currently have more protections in the property code. The Coalition has attempted several times to have those protections extended to those who live in COAs and have not been successful with the legislature
Would the “clarified” definition of hunting need to be filed before the hunting/trapping was allowed? Since hunting is defined by State law and that definition clearly includes trapping as hunting.
The HOA lawn maintenance company has been spraying weed killer along the outer fence of my property after being told by the HOA management company to stop? My fence is on a slope and it’s beginning to slide downward, due to the dirt not having to grass to adhere too. Also we are in a drought and the ground is cracking open. At the last HOA meeting I addressed said issue, the President came and looked at issue, and advised me to buy some dirt and fill in the cracks, I asked who was responsible for the area behind my residence and he said the HOA, I advised the President the HOA or lawn maintenance company needed to correct the issue, he said he would get with HOA board to see if the can get some dirt delivered. So who is responsible for the dirt issue and my damaged fence? Respectfully
If your HOA owns the property behind you then they should be responsible to pay for the damage that their contractor has caused. The fence can be tricky because typically the homeowner is responsible for the fence even though it backs up on to HOA property. If you can prove that the HOAs contractor did the damage then the HOA should be responsible. But if the damage is viewed as typical “wear and tear” then the homeowner will most likely be responsible.
Note: This is not legal advice.
The first thing you see when u google HOA is the question, Why does an HOA have so much power? I didn’t know anything about an HOA until I got behind on dues paid to the HOA. They want their money and some of their rules will leave u with nothing. My HOA has sold my house thru foreclosure. My husband is a Veteran and we r both elderly in poor health. Don’t have money for our existance hardly much less, pay dues. I guess we are homeless being put out on the street and waiting to exhale. Holding ur breath thinking something good will pop up, go ahead and exhale because the HOA is not going to help you.
How can I report my hoa for not following texas state property code 209.00591(b)
Unfortunately there is no State oversight committee to report your HOA to.
I recently put up a flag that says, “Defund the HOA”. A week later I received a letter from them stating I’m in violation of my deed restrictions and flags are not allowed and I need to remove within 10 days. It doesn’t say which flag due to I have 2 flags up. It just says no flags. I’ve lived in my house for 21 years and have had flags up ever since I’ve lived here and never been told this. Can my hoa make me remove my flags?
Unfortunately selective enforcement is a problem. As Boards change different rules are enforced and other are not. You would need to prove that the Board has not enforced this rule and hence can no longer enforce this particular deed restriction. This could be hard to prove. Normally if the violation has existed for more than 2 years, then the Board cannot enforce that particular deed restriction.
Note: The reply is not legal advice. If you have legal questions, please contact an attorney
In a Closed Board meeting, Our HOA President resigned as President and “took” /”was given” a voting Board position. A new president was selected and another Secretary position was filled by association members. All three positions were voted and confirmed by the last two board members. I believe this violates Texas Property Code Section 209.0051 (h)- (13) and (15) . What say you ?
You are asking for a legal opinion, since we are not attorneys we are unable to make a judgement on your question. It is also difficult to assess because the information is vague. There are a lot of questions that are unanswered like: Does your HOA fall under the 209 property code? Not all HOAs in Texas are govern by these codes. If it was, were these positions up for election or vacated seats? Was the meeting posted properly, whether it be a Board meeting or annual meeting? Etc.
Hi,
Sorry about vagueness, Our situation meets all the requirements stated in 209.003. It is also a registered non profit. The President and two board members, picked the new president and filled another officer slot in a closed meeting. The President resigned and then got a voting board member slot in the same meeting. The Board meeting was closed, not announced and not a member meeting.
There are remedies in the Texas property code that you can use such as going to the Justice of the Peace to file a lawsuit. We suggest that you consult an attorney knowledgeable in the POA laws to help you.
You’re still looking for a legal opinion. The best you can do is read the law, present the law to the Board. And if the board still chooses not to follow the law (particularly if it’s clear cut), then you will have to hire an Attorney if you want to pursue further.
Our HOA recently attempted to get a 2/3’s vote to pass new CCR’s. When they couldn’t get the needed number of votes they extended the vote, and went door to door collecting proxy votes. I have requested two pieces of information from them. I cited section 209.005 of the Texas property code, and requested by certified mail that they provide me a time to review the information.
1. The first item I requested was a report listing the IP numbers of the votes collected. This will show the computers that registered votes, and would show if an HOA member logged multiple votes from one single device. I contacted our election ballot company, and they said this type of report is easily produced upon request of an HOA board member.
2. The other information I’ve requested is a detailed description of how the votes were collected to ensure the collection of these votes complied with the regulations stipulated in the Texas Property Code.
The HOA has declined to provide me with the report information requested, and did not comment on the detailed description of how votes were collected with the HOA board went door to door collecting proxies.
Per the property code, I sent a second certified letter stating that if they did not provide a time to inspect the information requested that I would file petition with the Justice of the Peace.
They have not provided a time for inspection of this information. My question is, how do I file a petition with the Justice of the Peace in the state of Texas? I called the court house and they told me they could advise me on how to file a petition because that would be giving legal advice. I do not need any legal advice, I simply need to know where and what forms I need to fill out to file a petition with the JOP.
We contacted an attorney about how to file a petition with the Justice of the Peace. First off, the response you received from the court house is the same response that the attorney has received. It is the position of the JP courts that they cannot provide legal advice, which would cover the drafting of the lawsuit. The attorney said that there is an on-line system that could be use to file the documents. So check on-line for you county and see what is available there.
Note: This is not legal advice.
When I filed with the JP against the HOA I was living in, I simply drove to the local Government Office where the JP hears cases. I walked up to a Teller, said I wanted to file a case, she handed me paperwork, I filled it out, wrote a check for around $200 and that was all I needed to do.
Natalia, filing a petition is equivalent to filing a lawsuit. Either you or your attorney has to write the petition, usually called the Original Petition. This is the first step in filing a lawsuit and it should state what you are suing for and the the legal basis upon which your petition should be granted. There is not a specific form to complete. What section of the Texas Property Code that you are basing your requests to the management company and/or board?
Our HOA has decided that each household will need to pay 10K due to hailstorm damage. Can they do that? Everyone is upset over this and don’t have 10k laying around. Is there a way to fight this or file a complaint?
You will need to refer to your governing documents to determine what powers your Board has in creating a “special assessment” and if there are any limitations. Many folks who become part of an HOA are surprised to learn that Boards can create “special assessments” without approval of the membership. In many cases, there is no cap specified. So the financial impact can be significant. There is no state board that you can file a complaint to
Here is one of the problems I see with HOA’s. While yes we have rogue boards, the other issue is hardly anyone I csme across read the governing documents of the HOA before purchasing a home in it. If a person purchases a home in an HOA that person is immediately under contractual obligations with the HOA. So why people don’t read the governing documents of an HOA before they move into one is beyond me.
-Ex Homeowner of an HOA who spent about $20,000 fighting a rogue board. Also Ex-President of an HOA
I have lived in my home for over 30 years. I was having my daughter stay with me while I recovered from a lengthy illness.
The HOA got in an argument with my daughter over the front yard. she didn’t understand how powerful they are, and because I was so ill she did not inform me.
Two years prior to this I had gotten behind one year on my $200 dues for the year. I paid their attorneys $6000 maybe more. When I called the management office I was informed I had overpaid by $700.
two years prior to this I had gotten behind one year on my $200 dues for the year. I paid their attorneys $6000 maybe more. When I called the management office I was informed I had overpaid by $700.
Of course they have changed many management companies since then, but I assumed the $700 could stay there and I would use those for my yearly dues.
Come to find out there is no $700 from which to get my dues paid and since I didn’t pay the $200 they came after me.
come to find out there is no $700 from which to get my dues paid and since I didn’t pay the $200 they came after me. There was such a mixup, and I was told that my deceased husband appeared at one of the hearings. I was not aware of any of the hearings. I had an arrangement with their attorneys and they took $1400 and I was scheduled to give them more payments. I tried to give them the next payment, but they refused it and went ahead and sold my house valued at $300,000 at a foreclosure sale for $40,000. they had my house sold, at the same time I was making my next payment. It was evident they wanted my house. The HOA‘s attorneys have resigned from working with this neighborhood’s president after they took my home, I believe because they knew they done something questionable. Three members on the board also resigned and refused to work on the board.
This year I would have paid off my house, owing only $5000. While waiting for the money from the sale, so I could give it back to the person who bought it and get my house, took too long, 9 months. They sold her house November 1 while I was making my 2nd payment. They keep my 1st payment, I don’t know what for and refused my second installment. I don’t know what for and refused my second installment.
I am just now getting the money from the sale but the man now wants to keep my house. I am scheduled to be evicted middle of September.
There are other homeowners who are elderly and disabled as I am, and who seem to be targeted by this homeowners association, in fact, the majority of foreclosures are against the elderly and disabled in my neighborhood
in fact, the majority of foreclosures are against the elderly and disabled in my neighborhood. It is clear they were not trying to help me clear this up ( my owing $200 dues,) and stay in my house. It is also clear it was a vendetta over the argument they had with my daughter who does not live here but was just staying at the time. I have paid & lost so many thousands of dollars as I try to figure this out and in attempts to keep my house. I have been so ill, almost dying several times, And I have another surgery scheduled day after tomorrow. this is not justice, but a wrong being perpetrated by this homeowners association, who is taking advantage of the elderly and disabled and reading them of their homes. Please help me.
You really need to hire an attorney to help you with your situation. We are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have been charged late fees for 6 yrs of unpaid dues for my hoa. I tried to pay them but the checks were all returned because the hoa had not set up an account to accept the fees. Total “charge” is $75000. I don’t even have a structure. It is just a dirt lot. Can I get some help? I believe the hoa has violated the fdcpa act, deceptive trade practice in civil code and usury laws in criminal code. I have documents and emails
We are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My hoa has an Article that disallows “hunting “. Hunting is not specifically defined, just the word hunting (it does specifically state discharge of firearms is not allowed. A homeowner pressed the Board to trap exotic animals. TPWD definition of hunting includes trapping as hunting. Due to prior history of previous Boards allowing trapping, the current Board feels cornered and therefore is allowing a homeowner to set traps. Any ideas are appreciated.
A Board can adopt “Clarifications” or “Guidelines” to the articles where vagueness is present. The Board can define “hunting” in these clarifications and then file the new definition in the County Records so it is “official”.
Note: This is not legal advice.
Would the “clarification “ need to be filed before trapping is allowed, since State law already, clearly defines trapping as hunting?
Yes for any rule or policy changes, these documents need to be filed with the County Clerk to be valid. At least that is our understanding.
Hello, my HOA is imposing a second special assessment for $500 without any warning or alternative way of payment. They raised our annual dues to $950 a year this year, one would think that would be plenty of money for 82 homes to be managed. Many homeowners in my community are struggling to pay this additional money, especially in today’s economy. They are absolutely unwilling to discuss the matter and will not give us any real reasons why this additional money is needed. They claim it is to repair cameras that have truly never worked and by now everyone has their own ring door camera so we really don’t even need the gate cameras anymore, they also claim that keypads and sprinkler systems need to be worked on, but the real reason is that they are trying to collect money for the subdivision fencing that nobody has been able to come to an agreement on four years, and this is being pushed by the people that own properties on the outside Fenceline. our bylaws clearly state that each homeowner is responsible for their own fences. Is there something I can do to protest this additional $500 fee?
This is a problem within POAs. Although the governing documents provide requirements and limitation on association dues, many times special assessments do not follow any requirements. You will need to review your governing documents to determine what type of notice is required by the Board concerning special assessments. Some associations require voting by the membership while others do not.
Hello, so two months ago our mailbox was either tried to be broken into or someone damaged it on purpose. Our local post office had come to see if they could fix the issue of the broken mailbox door but were unable to. They advised us that our HOA was responsible for the entire box of mailboxes for each unit and they had to repair it. Since then we have contacted our HOA president and we were advised they could not do it and told us to contact the post office. They have been giving us the run around and it’s been two months we cannot receive mail. We had mail lost etc due to it not being able to be delivered. My question is, how or where can I complain about this ? Obviously the HOA is responsible for the cluster box mailboxes since it’s in our complex. Also I would like to mention that the post office did advise us that the only thing they’re allowed to fix or do is change the locks on the cluster box but not fix anything on it.
I just moved to the Royal Oaks Community, where they built the Courtyard Villas, McVaugh Homes, and not having a friendly experience, as their team they have hired don’t do a very good job in their work efforts, and when I complained, let’s just say the person who is the Exec Assist., has been rude, when they send someone to fix something, they leave a sloppy job behind, and when I send emails on my own, it takes days for them to fix it, but if I have reported something like this last incident to the City of Houston, of course it was water spewing out of the pipes below the landscape that the HOA is responsible for, they sent someone out, but the left the pipes exposed, and they have been exposed for 2 weeks now, and their HOA team has been on property taking care of landscaping but they seem to skip my home for some reason, or do a sloppy job, because I went and took pics of other homes, and their home doesn’t look like mine, so it may be some indirect retaliation going on to force me to sell and move, because maybe they have done this to other home owners, but I thought I would call it out here in case someone is having the same issue a
2 questions:
My HOA requires photo ID’s on their forms for short term rentals. None of these are sent encryption and any hacker can take others personal information. Additionally, many owners live out of state and private information is sent via email. Additionally, they charge 100/ day per incident if there is alANY violation which seems harsh ! Is any of this legal ?
Are HOA’s allowed to turn over management to a new party without the association (residents) knowing about this? The new management is asking for double the annual fee!
Your HOA Board has the right to hire and fire the management company unless your governing documents state elsewise.
The guidelines regarding changing management companies should be in your Bylaws or CCR’s.
As far as raising dues, that should also be in your Bylaws and or CCR’s.
The only stipulation that i know of when raising dues under the State of Texas Property Code is that it is required to be done in an open meeting with advance notice. This is found in Section 209 of the Texas Property Code.
Disclaimer: I am not an Attorney and this should not be construed as legal advice in lieu of a competent licensed attorney. I am just an ex-homeowner in an HOA that took my HOA to court twice. I am an ex-President and also an ex-Treasurer of an HOA.
Are HOA’s allowed to bring in a new management company without letting homeowners know about this change? The Management company is asking for double the annual fee now!
Unless otherwise stated in your governing documents, the Board can hire or fire the management company without approval from the members.
I’m a renter at pembroke village in San Antonio. I have rented for about a year and a half. We live in small gated community. It’s me, my husband and my brother in law. We each have a vehicle and different work schedules. We were not notified that all of a sudden you cannot park on the “street” in the neighborhood. They towed my brother in laws vehicle and they said they will keep towing it if he parks on the street. The company hired to enforce these services was CIA services. We have no where else for my brother in law to park and they don’t want more then two cars in the drive way. The renters and neighbors besides the head of HOA are against this new policy. Can we fight it.
Yes homeowners can unite and fight against a restriction if it is unreasonable and ask the Board to repeal it. You can look in the governing documents to determine how many signatures would be required to repeal a restriction. Also, if your street is a public street it may be difficult for an HOA to enforce No Parking on the streets since the streets are controlled by the City and not the HOA. If you have a gated community, then the HOA may dictate the parking regulations. **Note. This is not legal advice**
16 years ago I had a verbal contract, approved by the board to maintain as I see fit, the common area next to my home. I have spent a quite few thousand of my own money planting trees and making the area look much nicer since the HOA was doing nothing with the area. Over the years I felt it was time for the HOA to maintain their own property but they have insisted that I must continue or face fines. Is it legal that I have to continue to maintain property that does not belong to me? Trees have to be trimmed, broken branches picked up, fertilizer, ant killer which all get pretty expensive. The property value is listed as $66 and I have made an offer to purchase it. They will not sell.
One would think if the property is in the name of the HOA then they would be responsible in the end to maintain it even if you have been maintaining the property for all of these years. As for selling the property, you may want to look at your DCRs for what the requirements are to sell a piece of HOA owned property. This may take a significant number of the entire membership in order to sell the property to you (for example 2/3 of the membership to agree). Pending on the number of lots in your subdivision, this could be a huge undertaking for minimal benefit to the HOA. We suggest that if you are wanting this property that you work with your Board and HOA attorney to find out what is required to do this. ***Note this is not legal advice***
One thing that seemed to get my HOA off my back is to threaten to have the board charged with Human Trafficking. You may have to refuse to maintain any property owned by the HOA. What I am talking about is the strip of lawn between the sidewalk and street, which is not your property. The HOA’s drain pipes are here, and the HOA is responsible for maintaining their property, not us.
My research shows that the Texas legislature has enabled HOA’s to permit human trafficking while acting as a private entity acting under the color of law. In my opinion, the HOA’s are engaged in a Misuse of power, possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law, United States v. Classic, 313 U.S. 299, 326 (1941)
In my opinion, both the HOA’s are guilty of violating human trafficking law under the United States Criminal Code. Human trafficking crimes, which are defined in Title 18, Chapter 77, focus on the act of compelling or coercing a person’s labor, services, or commercial sex acts. The coercion can be subtle or overt, physical or psychological, but it must be used to coerce a victim into performing labor, services, or commercial sex acts.
How do you file complaint for HOA violation such as spending reserves….
Unfortunately there is not a State oversight committee to have complaints filed against HOAs, management companies or lawyers. The Coalition has been trying to have the Legislature consider such a Board.
Hello,
Our entire neighborhood received a notice stating the following:
“Security System Approval
As a friendly reminder, all outdoor security cameras and surveillance systems must be approved by the Association. If you have not had yours approved please feel free to submit your application to our Community Standards team.
Please include the following for approval:
Photo of the camera being used
Description of the camera and features
Snapshot from each camera showing the direction it’s pointed and image captured
Survey of your home, marking the area in which cameras will be placed
Please also note that camera placement is limited to the first story of your home.”
I have a variety of questions and issues I’m hoping to pose.
1. Is it legal for them to require this information?
2. Our neighborhood has been established for over 5 years without any type of notice like this before. Tons of residents have installed cameras without any violations or notices about pre-approval. Can they make me remove my cameras?
3. I have serious reservations about turning over camera locations to an HOA. Basically, if they(the HOA) were to have a data leak my home security strategy could be leaked to anyone. Can I resist turning over this type of information based on data privacy and security issues?
Sam, you pose a very interesting question. First off, is this legal? We are not attorneys so we cannot provide you legal guidance on this issue. Your best bet is to contact an attorney to have your questions answered. But overall, as technology has changed where everyone is installing cameras, most HOA do not have specific guidance in their governing documents to cover this. Typically, the DCRs do provide the Board or the ARC committee to create guidelines are things such as this.
Sec. 202.023. SECURITY MEASURES. (a) This section does not apply to:
(1) a condominium as defined by Section 81.002 or 82.003; or
(2) a master mixed-use property owners’ association subject to Chapter 215.
(b) Except as provided by Subsection (c), a property owners’ association may not adopt or enforce a restrictive covenant that prevents a property owner from building or installing security measures, including but not limited to a security camera, motion detector, or perimeter fence.
(c) This section does not prohibit a property owners’ association from:
(1) prohibiting the installation of a security camera by a property owner in a place other than the property owner’s private property; or
(2) regulating the type of fencing that a property owner may install.
Hello, I am curious to find out if violations are public record? Can I request them from the HOA? I believe they hired a new “hall monitor” and after 3 yrs here with 0 issues we are now receiving violations every month. I have been able to have 3 of them tossed and working on winning this 1 as well. They are telling me that I must stain my fence but the CCR clearly states ” Wood fences shall be left to weather naturally or be stained….” my fence is natural and is showing water staining from the irrigation. My neighbors fence looks exactly the same and they have not received any violations. I’m seeking to fight this as unenforceable due to not equally violating my neighbors. Is this a good route to take?
Selective enforcement has been an issue. You can read through this blog and see how many folks complain about I’m getting letters for xyz but my neighbor is not. As for violation being public record, typically these sort of issues are not public record. It is unlikely that your HOA will honor a request for violation for others to you.
SKY Harbor HOA Granbury Tx, Admitted in court they are actively hiring a managment company though only had two of the 3 required bids for over 2k dollars and no hoa wide vote.At best they held a small vote of only members present with the wrong date posted on our billboards.Billboards stated 20th meeting was 17th and I’ve pictures.
My HOA is making quite a few change’s to our Declarations. The wording is difficult to understand and I have concerns to what they are now making the homeowner responsible for. I truly appreciate any assistance. A special meeting to vote is scheduled for September 1, 2023
Thank you for contacting the HOA Reform Coalition of Texas. Your question sound like you are seeking legal advice. We are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our current POA Board has issued a ballot for 3 proposed amendments to our CCRs. Halfway thru the voting period one of the Board members, while answering a question from a community member on FaceBook, stated that 80% of the members that had already cast their votes had voted yes for one of the proposed amendments. Is that legal?
Check your CC&R (Declarations) or your Bylaws. Most likely vote counting instructions will be in one of them. Remember, there may be two set of instructions – one for Board member elections and, possibly, a second for amendment changes. They need to be followed exactly as published in those documents. Seems to me that any Board member giving out that information, whether true of not, would sway the remaining votes left to be cast, but those documents would tell you whether they can start counting the votes BEFORE all votes are cast or whether they need to wait until a specific time/day (usually the voting deadline).
Unfortunately, our CCRs do not address this issue. I was wondering if y’all knew is a statute that clarifies this.
Holly, here is a link to a page that I put together with links to Texas Laws (statutes) that may, or may not, affect your community ‘rules’. The first 3 titles on that page have different categories of statutes. Some may apply to your particular community, some may not. Remember, if your community is a ‘not for profit’ one, the Business Organization Codes for those would apply. Also, if your community uses Roberts Rules of Order, some of those ‘rules’ may fit. It gets real confusing, but ALWAYS, the first place to start is your own Bylaws, CC&R’s, any Rules and Guidelines that are in your Texas Management Certificate. If there is any way I can help you, just reply to any of the posts on that page and I will try to help. https://hoa-poa.com/hlerg/category/texas-us-law/texas-poa-statutes/
We live in Legends Crossing by Ashtonwoods Irving TX . The HOA promised to build a pool and community amenities center but not built . It’s more than 7 months for us after we bought the new construction property and it’s over 2 years for other residents. The HOA representative from Essex HOA doesn’t tell clearly when this will be built. They blatantly lie on the call about it getting constructed. We have been high HOA dues without any amenities
We suggest that you keep any documentation showing that these amenities were promised to you and helped make your decision to buy a home in this subdivision. Also, document what you have been promised. For example, if you were promised hiking trails. Are these trails just grass or were they to be concrete. Where are the trails to be placed and etc. Collect the pictures, spec sheets and advertising that was made for you subdivision concerning the amenities promised. Once the builders/developers are no longer developing the subdivision they will move on to the next project.
If these amenities that were promised are not built, you may need to contact an attorney to determine your best move going forward on how to pressure the builder/developer to fulfill the promises made. But at least you have saved all the documentation to substantiate your claim. **Note this is not legal advice. **
How can we determine if an Mgmt Company called an election of HOA Board members that could be invalid? Bylaws say a board candidate must be a “member” that owns and lives in the domicile of the subdivision. Owner non-residents are ineligible. Yet, Mgmt Company allowed an election with two board members, which one is an owner non-resident, and the other was not an owner or a resident at the time of the election. This person sold their home to a parent and was no longer an owner. I’m unable to find case law. Tx Property code refers to bylaws to determine eligibility.
If your association falls under the Texas Property code 209, this section may answer your question Sec. 209.00591. BOARD MEMBERSHIP.
** Note – this is not legal advice **
We have a new board at Chandlers Landers HOA in Rockwall TX 75032. They don’t want to follow any of the Texas Property Code 209.005. They hold secret meetings, have residents who have access to other residents financials. They don’t post board meetings with the proper time and sometimes no agenda. They seem to just disregard the property code in every way.
The executive board met and voted on a permanent assessment increase of 25% in April 2023 in an executive board meeting without an approved 2023 budget or any final 2022 or 2023 monthly financials being made available to the homeowners. They presented the required approved increase to the homeowners at a general meeting in May 2023, with an effective date of July 1, 2023.
In June, I asked for 2022 and 2023 financials, including the approved budget. I was told there was not an approved budget. Per our CC&R, the approved budget must be used to set annual assessments. Per our CC&R, the approved budget must be sent 30 days along with statements before quarterly assessments are due, none of which was happening.
I asked several questions, and a meeting with the HOA lawyer (and a couple of board members, at my request, were present). An approved budget did appear, an hour after I sent my talking points to the lawyer, which I was told was voted on in an executive meeting in April. It was never presented to homeowners in a general meeting and only made available in July, again due to my meeting.
I asked why the approved budget and the assessment increase weren’t discussed first in an Open Meeting per Property Code 209.0051, our CC&R and ByLaws, then voted on by the Board, where I was told by the lawyer that in his 25 years of experience this is not how things are done.
My question: How are Open Meetings for items such as budget approval, assessment increases, changes to dedicatory instruments supposed to function? Should these items be presented to membership before the executive board votes? Should membership be allowed to have open discussion on these items as owners in the community?
You may find the answer to your question in the Chapter 209 Texas Property Code Sec. 209.0051. OPEN BOARD MEETINGS. if your HOA is subject to its requirements.
*** This is not legal advice ***
I live in a DR Horton residential community with an HOA that is ran by Inframark. They were hired by DR Horton, who also controls majority of the board. We have been issuing ongoing complaints for the last year about the cleanliness of the pool that Inframark is supposed to manage and recently the pool turned green within a few days after the company that services the pool did not show up. They had it cleaned and then within a few days it was green again. So, on June 21 the HOA informed the residents that they would be closing down the pool for an unforeseen amount of time while they try to find a new cleaning company. It has been 12 days now and the pool is worsening with every passing moment and at this point looks like a swamp. It is obviously a health and safety hazard at this point but they continue to assure us that it should be open soon (as in 24 hrs) because they are in talks with a company that is apparently going to put a bunch of chemicals in it to get it to a safe swimming level. Anyone, looking at that pool, will tell you that the only way to truly get it clean is to completely drain it because at this point that stagnant, bacteria and algae infested water has been sitting in the pipes and filters for nearly 2 weeks. We have been unable to use an amenity that we pay for so I am wondering if there is any recourse we can take to hold the HOA and builder reliable or recoup what we have paid and not been provided. I am quite sure they are going to pass all of these “emergency”cleaning charges back down to us when the truth is it is their fault. They hired a shoddy company in the beginning that was obviously not maintaining the pool the way they should have because anyone with any knowledge of a pool knows that it should not turn green having not been cleaned just two days past its normal cleaning schedule. I am just looking for any kind of help as we are a community of several residents who are very frustrated by this situation and the HOA is now silencing all of our comments and post on the main HOA page.
Contact the city and/or county and make a complaint asap. The Health Department, also. Take pictures
It is unsafe! The HOA will move on it then. It brings mosquitoes and disease.
Hello,
Our neighborhood pool has lights on the interior walls. These lights are regularly hanging out of the socket under water. Some people put them up on the deck to “get them out of the water”. This is rather concerning because it has been this way for a number of years now. The fix is that the pool maintenance will simple roll the cord up and place it back into the wall, but apparently the screws are stripped and the lights won’t stay put.
I’ve seen in group threads where it’s been brought it HOA’s attention over and over and all they say is that the electricity is turned off.
This seems completely negligent and unsafe, and yet they refuse to drain the pool and address the issue.
Is there any place to take this complaint so that it can’t finally be fixed and hopefully no one gets hurt?
Thank you.
My HOA is in a new build area and still builder run. Myself and many other homeowners are constantly getting front yard violations. The issue is they come out after it has rain and because the builder did a horrid job on the lawns, ie putting sod over weeds, we cant seem to get rid of them. The grass doesnt grow fast but the weeds do. We would literally need to pull weed daily. Not to mention our HOA never revisits to verify that the work has been done they just keep a violation open and add to final notice list. How can we fight this because I swear what they are doing is not legal. We feel like we have no recourse with this place.
Unfortunately, there is no recourse. HOA can enforce the “look” of your property including if your yard is being maintained.
We received a bill of $1300 in January for the annual assessment. My father has lived in the community for 16 years, so as always he went to the office to set up a payment plan as that is out of his budget to pay in full. The receptionist stated to him that there is no more paper copy of a payment plan, so to his understanding he just makes the payments when he can online. We received the notice of interest fee in February, which he was okay with since he was collecting the money for the payment. When he received the 45 day notice in February on the 14th he made the biggest payment he could have of $800 on March 13th, which is within the 45 day time frame stated on the notice. It was not listed on the 45 day notice that the payment had to be made in full so he made the biggest payment he could. He was hoping to pay the remainder of the $546.50 over the next couple of months. However, we then received a notice from the Lawyers office stating that there are now legal fees attached to the total amount due which needs to be paid in full within 30 days of April 27th. Essentially the amount due double from $546.00 to $1000 with these ” legal fees”. Which I am aware they can do but nonetheless if my dad was not misguided within the HOA office to begin with we could have avoided all of this. However, we ended up having to pay for their misinformation and lack of making sure that the property owner is aware of all of their protocols.
I have very serious concerns about my HOA board. They have not since 2015 complied with the election provisions of Tx Prop Code 209.00593 (a-1), we have 205 lots. We have many elderly who cannot make the annual membership meeting for board elections. Our board only allows in person voting as does not follow their own bylaws. Absentee ballots and proxies are not allowed.
Recently, their attorney Cagle Pugh has been filing liens on property owners properties, and this last December foreclosed on $700,000 property of a mentally challenged property owner.
My concern is that we do not have duly elected board, they were not at the time they hired their attorney. Some of these property owners do owe the assessments, but since I moved here in 2015 they have not complied with board election rules. They are aware of the rules and this current board filed the Bylaws in 2013, which states that in any election property owners may vote by proxy or absentee ballot.
Seems to me to be fraudulent
Like ACY I also did it and the HOA used tens of thousands of dollars (could have even hit $100,000 easily) in trying to stop me.
They were illegally foreclosing on homes, manipulating elections, purchasing the foreclosed home at auction, selling it, then writing off the amount owed on the home as bad debt expense. The HOA did not see one penny of proceeds on the sale of the home, (so legal fees weren’t even covered).
I have been in battle with this HOA in which I was previously President and also Treasurer (separate terms) since 2018. I moved out of the HOA in 2019, yet the battle rages on.
People who have no one watch what they are doing often step over the line. You need to inspect the Books and Records of the HOA.IF THE BOARD HAVE VIOLATED THE BY LAWS–FILE SUITTO REMOVE THEM. IF THEY HAVE O&D INSURANCE a lawyer will be happy to take the case.
Unfortunately, the HOA Board knows that, unless they are stealing money, it is highly unlikely you or a group in your HOA will sue. It costs too much money and one really needs the support of many of the members. They will complain, but not put out the money to sue. That is why Texas needs an OMBUDSMAN with the state for HOA members to go to with questions and complaints. Texas also needs a department that oversees these HOAs and take away too much control of the Boards and Management companies. THIS is BIG money. It is like a prison living in some HOAs. And, there is hardly a location that doesn’t have one. I can see general rules, but they are now out if control. Also, if rules are changed after you moved there, then you did NOT buy into it like that. Additionally, I think that ALL CHANGES and fees should be discussed AND voted on by ALL members of the community as they have a VESTED INTEREST! HEAR THAT TEXAS CONGRESSMAN? PLEASE HELP US. Crete Carey
I support some type of oversight commission. Laws are of little value if district Court and heavy legal expenses for the plaintiffs are the enforcement mechanism. Writing new laws without an enforcement mechanism is just illusory regulation . Kenneth M. “Ken” Sapp 7046 Heathington Blvd. Granbury, Texas 76049817-300-2864 Cell CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients. If you are not the intended recipient, (or authorized to receive for the recipient) you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please destroy all copies of this communication and any attachments and contact the sender by reply e-mail or telephone (817) 300-2864.
Ken,
I agree with most of you thoughts. But you can sure for miss management, breach of duties etc buy lanyard on a percentage bases. But, in order to induce a lawyer you need evidence. The best way to obtain it is an Inspection of the Books and Records.Generally that shows violation and if so attorney fees are paid by defendants and their Insurance Companies.I have don a lot of that kind of work. Happy to help you.
Small Claims court is always an option. Don’t need an Attorney and you can sue for up to $20,000. Failure to provide records upon proper legal request carries a penalty of up to $10,000 (if I recall correctly).
I have taken the HOA I live in twice to small claims court. The cost is minimal. Around $200-$250
The problem with small claims is if the HOA loses they can appeal to the district court automatically and now you venture into the big money.
Apathy and ignorance are the greatest threat to a peaceful Home Owners Association. I have been standing up against them for 7 years now, I have spent over a $1000 in mail outs to the association with the laws and regulations. Two weeks ago we challenged the attorney Cagle (the one that wrote the book on Texas HOA law) on the legality of their representation of the board, as the board has not been “duly” elected. The best defense they could put up was the board is all volunteer and may not dot all the I’s or cross all the T’s in corporate board elections, but the judge should invalidate the contract, just because they don’t run valid elections. The Judge sided with Cagle, so they have representation. Disappointing, still is an ethical dilemma for the board. They all but acknowledged they don’t run lawful elections, so should they continue to spend property owners money on legal bills.
Was Cagle representing the board against your challenge to their legitimacy to conduct HOA business since they are not duly elected as specified in HOA governing documents? What contract was the judge ruling on? Who was your attorney?
Sounds to me like the Judge mid be friend with the lawyer or misapplied the law if the facts you stated are true. Does Board have O&D insurance?
Kurt, I have extensive experience in HOA matters. I have a couple of questions for you. Think I may be helpful. How many unit in the Association?
HOA abuses in Texas are common. Legal remedies are expensive for homeowners to seek remedy.
A state board needs to be established to deal with HOA management violations without first seeking action in court. My HOA fails to follow state law on many fronts and we have now spent $15,000 in legal fees and are not yet in court.
It took me 7.5 years to sue my HOA and legal fees of $42,000. I wound up settling for $92,000 and an injunction forcing the HOA to obey the law. I had to pay taxes on the settlements and netted around $5,000 and severe stress. Texas HOA laws stink!
Kurk, I have work in forensic Financial Analysis both in Civil and Criminal cases for several decades. Plus was the CXO of a Public REIT plus Multiple Public Corporations.You have the right to inspect the Books and Records of the HOA. if someone know what they are doing, the problems will pop right out at you.Most Boards have O&D insurance and if you find violations you should be able to find counsel. If you cannot, drop me a note and I will try to help you. Boards must be held accountable, the law requires it. The problem is most cases is the people who sit on these boards are not qualified to do so. Good Luck.
What do I do when the property management company my condo HOA hired won’t address or respond to my questions and concerns and they ghost me whenever I ask for the contact info for the HOA board and they act like I didn’t send anything? Basically, they let us go over the renter occupied unit cap, and supposedly we voted on some initiative for them to be able to take action about that, and I’m only finding out now as I’m trying to sell my place that they haven’t done a thing and I have an impossible to sell condo I’m also not allowed to rent. I keep asking them what they’re doing to address the situation. Like they’re supposed to be doing. And they just. Never respond. Or dodge the question. I don’t know what to do.
There is nothing that compels a POA to respond to owner requests or questions
I have a paradox in interpreting the combination of Sec. 209.0051 OPEN BOARD MEETINGS (c), (e), and (h)(4).
(h)(4) states “initiation of enforcement actions” must be considered in an open meeting. The board’s consideration of enforcement action does not take place in the presence of owners because the board adjourns the meeting and reconvenes in closed executive session to consider (c) “actions involving… enforcement actions.
Two questions:
1. If actual consideration doesn’t take place in the presence of owners because the board adjourns the meeting and reconvenes in closed executive session, does this still meet the criteria of having the consideration take place in an open meeting?
2. Is the “closed executive session” considered to be a part of the “open meeting”?
RE:
Sec. 209.0051. OPEN BOARD MEETINGS.
(c) Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving…, enforcement actions, …
(e) Members shall be given notice…
(h) …. The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:
(4) initiation of enforcement actions,…
This is opinion and not legal advice. But the Board can adjourn in executive session to discuss enforcement actions and details but the vote to take action should occur outside of executive session and recorded in the minutes of the open meeting. This is similar to how a City Council would act under the Open Meetings Act. So it would seem reasonable that this same practice should be used by HOAs and what the intent is meant to be. Again this is opinion and not legal advice.
My hoa sent me violation for my windows being 40years old. They sent a letter stating I had to replace the glass or I would be fined. They refuse show me where in Bylaws it states the glass should be replaced after 40 years.
I tried to submit an appeal and requested the appeal to be sent by email. They sent it by mail and claimed to have called me but I didn’t receive anything. I gotta voicemail stating I couldn’t appeal the board until the fall.
I had a contractor write estimate but they denied it stating it wasn’t from a window specialist. The contractor acknowledged service was needed but the glass did not need to be replaced.
I’m asking for transparency and have it in writing but they refuse comply with my requests. What are my options?
You may need to have an attorney advise you on what your legal options are at this point
Everyone needs to print themselves out a copy of Texas Property Code 209 “Residential Property Owners Protection Act”. I am not an attorney, but I am realtor who has advocated for property owners rights in Texas HOA’s. Property code 209 is very clear on your rights, unfortunately the only agent to force compliance by boards are the owners in the association. I am living a HOA nightmare, where my HOA is run by a clique of 25 property owners out of 205. They restrict who can vote for the board and only allows in person voting and do not announce the candidates. This is a violation of this law and invalidates the board. Most of our property owners are unaware or apathetic. It has cost all property owners significant amounts of money.
The issue isn’t whether the Bylaws or CCR’s state whether the windows need replacing after 40 years. The issue is the aesthetics of the property. There may be a general statement in the CCR’s that cover your situation. I would take a very close look.
Disclaimer: I am not an Attorney. I am an ex-Homeowner who spent over thousands of dollars hiring an Attorney to overthrow a board that was not complying with it’s own Bylaws and CCR’s. And I am an ex-President of an HOA.
Make sure that all correspondence with the HOA is done by Certified Return Receipt Mail.
Beyond that if it’s not in the Bylaws or CCR’s and they can’t show it to you, and you feel your windows are fine, then I personally would ignore them. Depending upon the HOA I realize that there may be consequences to this approach which will only be solved by a licensed Attorney or by going to court, so that is what you may have to face down the road.
Disclaimer: I am not an attorney and this should not be considered legal advice in lieu of a licensed attorney. Just my own experience
Sam Madden
Former President and Treasurer of an HOA
HOA Consultant
Our HOA sent us a Certified Letter and mailed the same letter, both delivered and postmarked the same day, complaining our mailbox “was too low”. The mailbox is the same as when we purchased our home seven years ago and unfortunately the recent storms caused the mailbox to sink down more towards the curb. We saw the letters; however, due to the postmarked date the time constraints given by the HOA would have only provided 24 hours to fix the issue and we had more rain. So, we had to wait until the ground and weather would cooperate. That ended up being the following weekend, which the mailbox issue was addressed. During that week, an additional letter was received stating we would owe $50 for a violation if the mailbox was not fixed by 4/24/2023. The mailbox was fixed the weekend before and then received a bill for $50, dated 5/2/23. We sent a complaint to the HOA; however, have not yet received an explanation to their billing or reasoning.
I live in Cove Texas, We have an HOA that keeps cancelling HOA Meetings and ignoring requests to have a meeting. They have someone come into our neighborhood to only worry about trash cans and then wait for us to pay our dues.
We need a entrance sign into our neighborhood, another entrance since we have two in a huge development.
We need security cameras in front of the entrance.
We have been asking but they keep ignoring us and we get harassed by one of the HOA members who rents out a house in that neighborhood.
how do I legally make a complaint or file a lawsuit against them
I am a Forensic Financial Consultant of long standing. I have done a lot of work in HOA industry. You situation seems to me like a closed group of people who act unaccountable and maybe they are if no on watches what they are doing. I suggest an Inspection of the BOOKS and Records.If it smells of rotten fish–it is likely they are rotten. Good Luck
Hopefully if you if you request an inspection of the books and records the HOA will comply. There is no recourse if they don’t, other than going to court. In my case the HOA did not comply.
Do you advise what HOA Boards can do to make HOA DCCRs and ByLaws more homeowner friendly?
Create committees made up of the homeowners to review and make suggestions for changes to the various documents. There should be way to change and amend your DCCRS and bylaw as specified within them. Work as a community to update and change these documents.
**Note: this is not legal advice**
We have so many problems it is too many to name. My question, I don’t know if the HOA is the problem or the management company. We live in Irving TX, but most condo communities around our community look far better than our community. Our community looks like a shed on its last life. I know the people here want better, without having to pay exorbitantly more. Is it best to ask the HOA to completely tear down some buildings to create green space and do repairs on the buildings, landscaping, roof, plumbing and etc. to get our commmunity to a better place? We need help!
The HOA for Wildcat Ranch in Crandall TX is trash. They charged me $50 in fees for being one day late with my payment, yet our gym sat unusable for the better part of a year and our swimming pool is cracked. We won’t have a pool this summer and no one ever works on it.
HOA failure to send HOA due statements to landlord. No dues notices are received from HOA and always receive statement from an attorney with certified mail with lot of fees. HOA is excessively using attorney to do the job and not doing their part to communicate by sending statements and reminders. How do I file a complaint on HOA when they are doing their part before an attorney is involved. I was late by 3 months to receive this certified letter from attorney.
Unfortunately there is no State or County oversight of HOAs to make complaints too. The HOA Reform Coalition has been trying to get this passed for several legislative sessions.
Their is no Texas law specifically applying to residential “fences”, this creates an issue between a good neighbor and a “bad” neighbor where perimeter or boundary fence expenses can turn into a heated issue when replacement time comes, particularly now where inflation can inflate replacement costs in the thousands. Perimeter or boundary fence is of use to both concerned neighbors due to the fact that the fence serves as their security fence to their respective property. Could you please include this issue to present to the Texas Legislature, that boundary fence expenses should be equally shared by respective neighbors, unless a neighbor/s who own a swimming pool inside the property uses the perimeter fence as the pool enclosure, and therefore should have sole responsibility to pay costs to put up or replace the fence.
We would agree, the shared fence is a problem faced by most communities. Typically, there is a clause in your governing documents that sets out who is responsible when a shared fence needs to be repaired or replace. We suggest that you consult with these documents. Many HOAs will not get involved in these disputes and leave it up to the residents to sort out.
**Note: This is not legal advice.
I researched Texas law on residential shared boundary fences. Very little established Texas law in this area. If one homeowner replaces all the fencing with no financial contribution from the other three neighbors sharing the fencing, then the owner paying now ‘ owns’ the entire fence. It no longer has the character of a shared boundary fence and it becomes the sole property of the paying & replacing owner. I did just that; it is now my fence.
Why aren’t HOA’s held accountable via Photos of all contractor work beginning to end thus validating special assessment costs/expenditures when like our HOA there has been special assessment on top of special assessment burdening fiscally homeowners in some cases… It would remove suspicion and keep homeowners apprised of all monies spent when it comes to Big projects It would be prudent if all is on the up and up to show materials as they come in, before, during and after pictures to Prove honesty and integrity. As well as prove contractors are legit work trucks, equipment, processes…
What specifically is the intent of the “or will be recorded” phrase in Tx Prop. Code Sec. 5.012. The Tx Rep. who wrote and got the law passed, along with Sec. 202.006 in HB 2224, 76th Leg, Sep 1999, told me it was only meant for buyers purchasing property during a 4-month period between Sep 1, 1999, and Jan 1, 2000, to know that if the documents aren’t already in the county records, they “will be recorded” in the county records by Jan 1, 2000, per Sec. 202.006. And to allow HOAs operating legitimately prior to Sep 1, 1999 time to record their dedicatory instruments in their county by Jan 1, 2000. However, my HOA has been regulating and collecting regular assessments for years with no recorded instruments, in violation of Sec. 202.006 but defends its rights to enforce based solely on the “or will be recorded” in Sec. 5.012.
You will need to have an attorney give you a legal opinion for your question. We are not attorneys. so we cannot give you a legal interpretation of “or will be recorded”
The security guard(s) in our community harass my son for riding his bike, his scooter, playing ball etc. They do not bother the other kids and the kids play in the streets and ride their bikes. The HOA guide does not say anything about this being a rule. We have reported to head of security and the HOA, but nothing. My son is 11 and scared to death of the 2 guards. What can I do?
Senate Bill 1588 was a great bill for homeowners, but the official House Committee report says:
It is the committee’s opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
My community recently voted out all three Board members and the Property Mangement group. However, the industry standards prevent New Boards from taking possession of all the necessary items for their nonprofit, including but not limited to; Bank Accounts username and passwords, Electric Account username & password, Social Media accounts like Facebook, etc
This should be regulated and involve immediate penalties for taking non-profits hostage during and after their tenure has come and gone.
The transition of a voted in new Board should be an absolute guarantee and an attorney free process.
I am at the point where I need to build a fence on my new build house and pool on our lakefront property in Granbury. I will have the fence go all the way down to the lake seawall on each side of our property. BUT our HOA says we also MUST have a fence across the lakefront side of our property. I cannot find anything about a law on this so I want to know if I am in Hood County not the city, is this something that MUST be done or can I fight it since this side of our property is the Lake?
We are unaware of any State Laws that state where a fence needs to be located or not located on the lakefront side of a property. There could be City laws that govern this placement or there could be similar rules in your DCCRs or guideline documents. We suggest that you contact your City and HOA Board to find out what restrictions there might be.
**Note: This is not legal advice
I own a duplex in Spring, TX. For the past four years, I could not sell or lease property because because next door neighbor ( common drive-way) has all the clutter, junk , broken bicycles, used oil and all other stuff in the driveway which is very unsightly .
I just hired a guy my, bought about $2000 worth of fence to install 4 feet high fence dividing his driveway and ours. The property owner’s Association immediately intervened and made me remove the fence through the involvement of the HOA attorney and forced me to remove the fence .
Property continues to be vacant.
The property management company hired by my HOA will not take my calls to answer questions because they said they saw I “liked” a Facebook post about them that they did not like. How can they do this when we pay them to work for us? Can they?
We live in a POA that picks and Chooses what common areas they want to maintain and take care of.
We have 5 lakes that are in the POA’s and three of them are land owner adjacent access only, so they say that since it doesn’t have complete community access it isn’t a common area and they don’t have to maintain them. It’s their property and in the covenants the POA is to maintain common areas.
We have asked them for the last five years to maintain and repair them.
We did sue and lost by a local judge by ruling of a summary judgement.
Who do we turn to now , what options do we have to make the POA follow the covenants of the community as they are written?
Help
My HOA/POA has neglected the “impoverished” side (that they created) of our HOA/POA by not properly fixing the roads on said side. The two sides are divided by a county road. One side is lake side and the other is wooded. Well the lake side has had a lot of its roads repaved. For years. A good portion of them have been repaved twice. It is needless to say that one side of the HOA/POA has streets that are almost pristine and 2 lane. The other side has roads that are closed and blocked off because you cannot safely drive a vehicle to the other side, pot holes that you can fish in one lane roads, falling intersections and improperly installed and never maintained culverts that wash away lots and roads. One of those lots being mine. I am a disabled veteran and this is the only land that I can afford and do not think I can afford a lawyer to protect my property. Is there anything I can do?
Unfortunately this is one of the hazards of living in a HOA, maintenance not being done. Maybe you can work with some of your neighbors and get some support to redo the roads in your section.
Having regulatory governance for HOAs is kind of an honor system. The cost of holding HOAs accountable in district Court is out of reach for .ost residents.
A commission of some sort needs to be established to arbitrate issues prior to court action. jp courts are not the answer either sine most JPs are not competent in HOA law.
Our subdivision has submitted a 211 procedure for the vote of the residents to modify the current deed restrictions and I believe that there are a number of things wrong with it. The majority of the residents live our of town because this started as a vacation community. I just want to know if you are still representing residents in court cases. If not, could you give me a couple of names that would.
Sorry, wrong place, I meant to put this on the attorney’s website.
I am a Texas Realtor and live in a Homeowner’s Association. Texas Property Code 209 “Residential Property Owners Protection Act” sounds great on paper, however, as I have experienced in my HOA, the board is totally indifferent to these protections. The greatest hurtle I am attempting to overcome is educating my fellow homeowners of their rights and how the board is violating them. Our board has never complied with the 15 Items that require notification to property owners, ie passing a budget and doubling the dues without doing it in open meetings. I think that along with the C&R’s, the legislature should mandate all property owners be given a copy of property code 209, and it should also be a subject for realtors continuing education. Our board hired Gregory Cagle, they hide behind him, and if you have disagreements with the board, you will be found in violation and receive immediate notice of $200 day fines from his law firm. Our board since at least 2015 has never complied with 209.0593 board election requirements, they severely restrict voting to in person only at the annual meeting. About 14% of property control the association and the budget. Most property owners in our subdivision are treated as if they are tenets on the boards property.
All of my neighborhood is covered by an HOA however certain homeowners pay more than others either because they get extra services such as front yard maintenance that is not offered to other sections OR they are outside the maintenance PID so they pay more HOA dues to make them roughly equal. It is my understanding that the property management company commingles HOA and PID funds to pay for maintenance. Example is they have one contract for landscaping of both common areas and homeowners who have front yard service. Is this legal?
We are not attorney’s so we cannot give you a legal opinion on this topic.
Is this site an active and appropriate place to seek advice on what an HOA’s responsibility to the residents is, as related to the impact of a new proposed development adjacent to the HOA? Should the HOA be responsible to the home owners and represent them to ensure the property values are protected as much as possible with the new developers?
It depends if you have an active HOA or not. Some HOA would get involved in development proposals adjacent to the HOA by letting the residents know of the proposal, detail and where residents can go an speak for or against such proposals. It is not uncommon for a HOA representative to speak at these forums on behalf of the residents. However the more folks that speak for or against does make an impact on the committees decision to approve or not.
I bought a condo I last year . I wasn’t in my home for a year when it snowed and the company that my HOA hired to remove snow on my driveway damaged my driveway with chemicals. My HOA doesn’t have the money to repair it and says I have to live with it. The company that damaged my driveway declared bankruptcy. What recourse do I have to make the HIA fix it?
Most likely, you will need to hire an attorney or, pending on the amount, go to small claims court.
Note: This is not legal advice
I was charged for a forced mow that never happened. I have a yard guy that cuts mine and 2 other neighbors yards the same time, but I was the only one that received a bill for forced mow. I also have surveillance around my house and the only person that cut my yard was my yard guy. They aren’t taking the facts into consideration and removing the fee.
Can the HOA provide pictures that your lot needed a force mow and after to prove that their landscaping contractor actually did the work. Photos are very common practice now for HOAs to prove violations. So ask them for their proof that the work was required and performed.
We have lots of problems with the hoa that want more and more money and they claim we are in debt and we have always paid on time and now that want 2000 dollars or that claim we will not have any water .we already went with no heat all winter pleas help
According to the Texas property code I am entitled to a payment plan for HOA assessment fees and they did send a letter stating that I have 61 days to cure.
I have emailed and left voicemails but I have yet to get a response and I am filing Chapter 7 bankruptcy.
The amount of fines is $1500 total as of today.
I was just notified that not everyone is paying their HOA dues and some are passed due for up to 3 years. Which is about how new the community is. Our HOA doesnt really enforce the rules and threatens fines but never see action. Who can we complain to about this? There are several violations like weeds and grass, dog poop, trash everywhere, etc that seem to be getting away with it.
Unfortunately, there is no oversight committee that you can go to outside of your HOA. You will need to make your complaints to the HOA Board or management company. If there are health and safety violations, your City Code Enforcement may have rules that can be used to bring the properties into compliance.
Depending on what your governing documents say, but most likely yes.
Can the BOD for a Condo Assn. pass a budget without the owners voting on it?
Depends on what your governing documents say, but most likely yes
I have a neighbor who’s yard is full of trash and grass is overgrown. We have talked to him about it and he gets mad. It is causing mosquitos so bad that we can’t go out in our own yard. The house itself looks to be unhabitable. What can I do?
You will need to work through your HOA Board and management company to find resolution. If there are health and safety violations, maybe your City has laws that can be used by Code Enforcement to have the issues addressed.
Our Board has violated our ByLaws on how to appoint members to the Nominating Committee. They are now going to violate the ByLaws when filling vacancies on Standing Committees. In addition to that, at their next meeting the Board intends to vote in a new set of ByLaws with no vote of the community. They will be taking away any power that the residents had in these
new ByLaws. What can be done?
The best thing for you and your neighbors to do is to organize yourselves and try to get different people on the Board. There are some rules around changes to the Bylaws if your association falls under the 209 property code.
What texas governing entity can make ny hoa seek bids for work exceeding $50,000?
There is no texas governing entity over HOAs. This is something the Coalition has asked the Legislature for many years.
I have submitted a demand for recount to my HOA after questionable election results.
They have not responded within the prescribed 20-days.
What recourse do I have here in Texas?
Chapter 209 of the Texas Property Code states the requirements for Recount https://statutes.capitol.texas.gov/SOTWDocs/PR/htm/PR.209.htm in section Sec. 209.0057. RECOUNT OF VOTES if your HOA is subject to Chapter 209
Note: This is not legal advice
Sue in JP court. You can claim legal expenses for filing.
I need my driveway and patio concrete extension and few paint and stain work around the exterior of my house and people ready to start the job ! HOA over week ago I contacted is not responding and I really feel uncomfortable to ask 4 my neighbors for signs the approval each time I need to do something it’s v uncomfortable to knock on the door and wait and explain when it’s even back yard they won’t even see it ! It’s almost make me not care about my property anymore!
My poi’s is sending out 3 and 4 thousand dollar bills for maintenance fees to new owners. That were the prior owner’s responsibility . No lien on the property and without notice our bylaws clearly state the prior owner is responsible for the back dues . Refuse to answer questions refused to allow you to see if it’s actually owed . It’s a mess
Has you POA registered with Texas Real Estate Commission? Also, prior to closing on the property the title company should have determined if there were any outstanding past assessments.
HOA is telling me what to build on my property when I was grandfather in before HOA started but it.
The HOA (Sundown Glen Subdivision) located in Katy. TX. And Inframark management company is trying to compel my household to utilize a contractor they have decided to sign an exclusive contract with for our Subdivision trash collection. In the by-laws of the HOA, there isn’t any clause allowing them to sign an exclusive contract and compel the residents to use it. I have been trying for weeks to get them to comply with their by-laws and they continue to violate our rights by forcing us to participate in the contract. Despite requesting them to adhere to the by-laws they are refusing. They are also bringing civilians who do not reside in the neighborhood into the situation in an attempt to bully us into submission.
There is a court case on a subdivision in Boerne, TX with this exact same situation.
I fought my HOA, as well,, on this exact issue. They are updating the CC&Rs, which is costing quite a bit of $$ to the all residents in legal and county fees. They could have just left me alone, but they chose to to harrass me. Research this court case, the residents won as the CC&Rs did not give permission to the board to negotiate vendor contracts.
Personally, I still think this is a violation of Federal and State Commerce Laws.
Are they running elections in accordance with the laws. If you are an association of more than 100 lots there are very specific requirements for board elections. Texas Property code 209.00593 (a-1). If they have not complied you can sue in JP Court, it costs a couple hundred dollars, and if you win you can claim court cost and damages.
Our HOA rolled our evoting system without community input. We learned of it on Feb. via poorly written email from community manager saying “online polling was now open” with links…no info about what happens to in -person voting day of annual meeting (end date for online voting), why this was set up, how much cost ($over 1500 one person heard), etc. Today now read that in Texas such e-voting only legal if “consent” gotten from members. We didn’t give consent! And half of people I spoke with never got email about voting going on. So is our system bull and void, I hope? Most of us want simple paper voting.
We need recourse! We need to be able to report serious issues.
I’m being bullied by the board, severely. The hoa president (also my neighbor), tried to physically attack me at a community meeting over a discrepancy in the CCR’s (he had to be restrained by another community member who is also a cop, yet the board did nothing and will do nothing). I had reached out to an attorney to get clarification (due to a boat that the CCR’s say I can park behind the rear projection line out of street view, but my neighbor doesnt like it), which backfired, and now I am a target. It shouldn’t cost me 30-40k to get help. Our best option is to sell my home, which I love, because I’m tired of being harassed.
I feel your pain. I’m in similar situation here in my HOA. I would recommend Gregory Cagle’s book Texas Home Owners Association Law. It costs about $45, but is wealth of information. In 2021 the Texas Legislature made some changes to the HOA laws, Mr Cagle has updates on his website. One important change was any property owner who has had his rights under Texas Property Code 209 can now sue in JP Court. If you don’t purchase the book, search Texas Property Code 209 and print it out go through with highlighter and mark those provisions they have violated and sue in JP court. The tendency in HOA boards is for bullies to gravitate to them because most people just want to live and not be involved. That’s what’s happened to me and my family. On our board was a retired pol CE detective, when i challenged the board on their practices, he hired a private detective firm out of California to try and dig up dirt in my entire family. It was turned over in discovery in my lawsuit. Detailed information on my entire family, SSN, birthdates addresses of my wife, me, my 92 yr old father, brother and all my adult children. Bank accounts, employment records, vin numbers of every vehicle I’ve ever owned. There was nothing there, I’m a retired Lt Col, and held security clearances.
There’s been a number of changes since Cagle’s book came out, as you well pointed out. With that said, I still believe it is a worthwhile investment to spend the $45, because using the book as a starting point for reference will guide a person to the current laws, whether changed or not, (and new POA regulations). since the book was printed. In addition to his website, which last time I checked I believe there is a subscription fee to his site to access all info, if I’m not mistaken).
We need to lobby for serious HOA Reform. Having to seek redress in court is so expensive moat people let the HOA get by with outlandish behavior. I am at $20,000 in legal fees and the district judge just moved into the neighborhood so we now have a new docket. More time and money. No point in having laws without law enforcement. Kenneth M. “Ken” Sapp 7046 Heathington Blvd. Granbury, Texas 76049817-300-2864 Cell CONFIDENTIALITY NOTICE: This e-mail communication and any attachments may contain confidential and privileged information for the use of the designated recipients. If you are not the intended recipient, (or authorized to receive for the recipient) you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is prohibited. If you have received this communication in error, please destroy all copies of this communication and any attachments and contact the sender by reply e-mail or telephone (817) 300-2864.
I agree there is no point in having laws without enforcement and this is one of the issues that I am attempting to address in a current case. After hiring an Attorney, getting what needed to be accomplished about 1 year later the HOA was back to its old ways with the past ring leader back in charge.
Now I am representing myself in court. I have submitted motions, objections, and I have even subpoenaed Board Members.
It’s a bit intimidating at first when you don’t know how the system works, especially when you are facing the HOA Attorney in court and need to know the rules of civil procedure in addition to the law. But after the third court appearance I’m charging ahead and it appears that the HOA board members have given up as they don’t want to be subpoenaed and be questioned in court under oath.
The level of graft and corruption in the administrative law process with HOA litigation is astounding. Judge Roy Bean would marvel at the abuse of authority. Finding a competent attorney is also a challenge. I petitioned the District Judge to skip the administrative law process and was denied. One of my lawyers said the ALJ I had wanted to see a certain amount of money spent at the administrative level. The covenant my HOA was selectively enforcing against me had been abandoned by said HOA but judge just ignored it. There was much more including lying by board members. I spent $60,000 . There was no guarantee an appeal to that previously mentioned District Judge would have been any better. So, chalk up another loss to the ” process.” The horror stories I have read on this site are all too much the norm rather than the exception.
My HOA put out a bid for work. After all the bids came in, one of the board members used his business to submit the lowest bid. The HOA awarded his business the contract. I have no idea who to turn to but that seems like something unethical.
I have been in a legal battle with our POA for over 5 years about their responsibility to maintain a common areas / Lake in this development. Their defense is that its not a common area because its a restricted lake to only adjacent land owners so they are not required to fix, maintain or repair the lake, because it doesn’t benefit all members.
Layne Ladner vs Mountain Lakes ranch.
We had a court hearing in Erath County and the judge granted a Summary Judgement against us.
I was just informed that the Appeals Court of Amarillo granted the Summary Judgement from the Erath County Judge. So we have lost the case.
My only recourse is to take it to the Supreme court of Texas, but the problem is we are out of money. So I guess I’ll just settle for the court opinion and live on the Lake that only gets seasonal water every two years. That’s not what I bought or was the intent of the developer when they sold the property.
Additional note our POA sued the developer for another lake in the development that wasn’t holding water and settled that case in which they won , and got that lake fixed . More information in the law suit to much to discuss on this page.
Bottom line we lost in court and now will not have a lake without water in it as intended.
I would like to have some conversations with our State representative or the reform board to see if the definition of ” COMMON AREAS “in all Covenants moving forward are considered to be the property of the POA/HOA and would require them to fix maintain and repair ” AS THE DEVELOPER INTENDED” no matter the restricted nature of that property. Not to be determined by (access from all members) or a restricted area for only certain members.
I wait for a response
Layne L
This is an interesting issue that you have had to endure. You can contact your representatives directly to have such laws developed and proposed.
I have contacted our Erath county representative and are supposed to have a meeting In mid July or August , just nothing is confirmed as of yet
Still doesn’t help that’s there isn’t a State agency that has oversite to these POA and HOA for compliance issues
I live in a community of 2800 households. A referendum was put before the members requesting approval for a new pool project and it stated, “not to exceed 7.5MM.” It was approved. The current estimate is now 11.3MM and rising. Can the board of directors of the HOA legally continue to raise the costs, adjust the budget and increase assessments, solely for this project, beyond the parameters and caps set forth in the referendum without bringing it before the community for another vote?
That is a tough question that you may need to consult an attorney for. In our opinion, if the amount is exceeding what the homeowners have approved, then the Board either needs to cut back on the project or ask for another vote of the membership for the increase in cost
Note: This is not legal advice
For the past three years I have been dealing with a neighbor who has a lot of clutter outside of her condo. I have addressed this to the management of our community. It is written in our covenant that we have to keep the outside of our condos clean and clutter free. I pay an HOA fee every month and it is the Home Owners Associatio to make sure that rules are followed. They refuse to make her clean up.
I live in a small gated community in Spring TX. There are only 57 homes – 4 streets, 2 streets have homes on both sides and 2 have homes only on one side.
My street has an open field across from the homes. The CCR’s say street parking is not permitted, residents must use their garage and/or driveway. The CCR’s also state the board can change the parking rules if there are unusual circumstances and undue hardship.
Many of the resident owners and renters have more vehicles (many are large trucks) than can fit at their homes so they park on my street in front of the open field and across from the homes creating a difficult situation for backing out of driveways and leaving no available parking for visitors.
The board says it’s okay for this situation to take place since there is undue hardship to those vehicle owners. I believe this might be called “selective enforcement”. The board has not officially made any changes to the CCR’s but put a notice in our neighborhood newsletter saying extra vehicles can park on my street but not any other.
I believe residents having more vehicles than can fit at their home is not an “undue hardship” or unusual circumstance but a choice. How can the board decide that I have less rights and protections granted by the CCR’s than people living on the other streets.
The board refuses to enforce the deed restrictions as written.
Is there anything that can be done? I can not afford to hire an attorney nor do I want to.
In our CC&R’s it states that if the “Builder” is fined too many times they are no longer able to build in the community. (Paraphrasing).
The “Builder” is the HOA board as well as the Investor for the Community. The Builder does not follow building protocol by TCEQ or EPA standards or their own regulations through CC&R. The problem is they are NOT going to fine themselves or no longer build. Who can take action against them?
What I don’t understanmd is why the laws are not written fairly for Homeowners who pay for everything. This opens the door to all kinds of manipulation, corruption and Fraud.
Good LAWS can be written….
We need ethical, fair, truthful, righteous, transparent LAW’s without loopholes for manipulation, corruption and fraud.
Homeowners need Laws to protect them from HOA Boards and Management companies not giving answers to questions, not providing truthful proof of spent money, even when it has been requested multiple times in writing, as well as at HOA Board meetings.
All HOA Board members and the Property management companies should have to show proof to Homeowners within 24 – 48 hrs of requests in how their money is being spent. It should be a LAW for full discloser of all documents to Homeowners, Meeting minutes signed by Board members and management companies, All budgets signed, All financial Accounting documents per month and year ends, All Audits sighned by CPA, Board and Property management companies, Proof of bank accounts and reserve accounts, sweep accounts, All accounts, All Tax Documents, All Contracts / bids and negociated terms with signatures from Board and Property management companies, receipts and every document should be in PDF form in a secure site (that belongs to all homeowners NOT to Property management companies) for all homeowners to see, download, copy etc for all years of reference / history.
Without proper proof, full truthful disclosure and transparency of all documents, Board members and management companies can under / overstate yearly budgets, add fraudulent line items / amounts, to raise HOA Dues, under/overstate project amounts that Homeowners don’t even know about, or what they have paid for, or if it even actually got done.
It’s time to do the right thing!!
Completely agree with you. Please contact your state representatives and ask them to make changes in the laws so that these laws are fair to homeowners
My HOA is run my Goodwin & Company and it has not been handed over to the residents of our development. Goodwin & Company is charging unnecessary fees. They charge a fee to review an ARC for a project approval. I submitted a project approval 10/07/2022. Followed up with them several times and nothing. Told them I needed to purchase the items soon because they were providing a special. I didn’t hear back from them until the beginning of December 2022 requesting more information (CC&Rs state they have 30 days to approve/deny). I provided the additional information and did not hear back from them. Followed up again and nothing. I proceeded with my projects because the city approved it. After my shed and patio screening was installed in January 2023, I received an approval shortly after. They charged me a fee to review my request. I think this is ridiculous and I should not be charged when they didn’t even review the project timely. The other item is when paying my annual fee online with a credit card, the company did not disclose that they were charging a convenience fee. In addition to my annual dues, they added the project fee and convenience fee. We already pay enough in HOA dues, are they allowed to charge all these additional fees? I think the company is taking advantage of the residence in our community and not providing the responsibilities of overseeing the HOA. What recourse do homeowners have?
STATE LAW ISSUE: My property owners association was forfeited for periodic report non filing. It stayed that way for 17 years, collecting fees, making changes, and acting like nothing was wrong, although, I have been told by previous Board members that they knew it was inactive. Here is my issue. In the TX BOC (business organization code), if a ‘domestic entity’ has been forfeited based on the Tax Code, they only have 3 years to reinstate and the name must be available. (https://statutes.capitol.texas.gov/Docs/BO/htm/BO.11.htm#11.202) But, in the case of my POA, that was in forfeiture for 17 years and the name was not available, the state actually allowed it to be reinstated, WITH the change of name. It is a non-profit (SOS allows that) and in that code, it mentions the 11.202 above for reinstatement, which has the 3 year limit. But, in the non-profit code, it does not mention even the 3 year limit, and even allows the name to be changed, in one section of that BOC (https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm#22.365) and in the ‘winding up’ section of that non-profit BOC, it does not allow it (https://statutes.capitol.texas.gov/Docs/BO/htm/BO.22.htm#22.164). I think that this is a real conflict of law and needs to be addressed. It seems that if the corporation ‘winds up’ it cannot be revived after 3 years, but if it is involuntarily forfeited, there is not limit to the amount of years needed to be revived. In my case, and several other POA’s in my county, these POA’s are allow to conduct business, collect dues, change deed restrictions while they are in forfeiture (which seems illegal to me) and with the wave of a wand, allowed to reinstate (revive) the corporation at any time, even changing the corporation name, and be allowed to keep going with no ramifications. For me, the forfeited company should have the same 3 year limit to reinstate (revive). Tell me which legislative leader would be most inclined to address this situation.
I live in a community with nearly the exact situation. Are you paying the assessments? Are they attempting to selectivity enforce CC&Rs?
The only governing authority is the property owners. If they don’t know their rights and stand up to the board it will rapidly get out of control and you’ll find yourself a tenant on your own land.
My HOA refuses to make my neighbor his gutters, fence, driveway has crumbled and his backyard looks like a jungle. For over 10 years are more and my HOA can only say can’t tell me anything.
There have been two domestic cats shot and killed w/in a half mile of each other in a four week period. Does the HOA have a responsibility to its members to convey this information, warning them of the potential threat to their pets?
It would be nice that the HOA would notify the residents about this hazard to their pet, however there is nothing requiring them to do so.
What percentage homeowner vote is required to change HOA By-Laws? Does it have to be a majority vote? (by- laws , not CC&Rs) What is the difference of enforcement scope for by-laws vs CC&Rs?
In your governing documents there should be a section on what is the quorum requirement to change the bylaws.
Our HOA will not provide Bank Statements of how our HOA fees are being used and for what.We have verbally asked several times.
If your HOA falls under the Texas Property Code, there are requirements that such documents are requested in writing not verbally. Please read Texas Property Code 209.005 and see if it applies to you https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
We have not had any communication from this HOA about anything except for when they are notifying us about “special assessment dues” where they are looking for a surplus of money for particular “repairs” or “increases” in things like liability insurance.
We have been out of a pool for two years and rarely do any landscaping.
There is no one to contact on the board. I have been trying to contact them for months.
There is a new tool available to search for HOA information. https://www.hoa.texas.gov/ You can type in your HOA information and it will bring up the management certificate. It should provide you contact information for your association
Who do I contact regarding significant hallway ceiling and wall mold now growing for the past 2 and 1/2 weeks outside my condo from burst water sprinkler pipe? My condo was flooded and it is dried out now waiting on a general contractor.
We suggest starting with the condo management company to determine the timeline for repairs.
Is there a law stating a max amount that an HOA can charge individual homeowners over a given year – between Annual Assessments and/or Specific Assessments?
A portion of our community (along a lake with a failing bulkhead) are being charged a Specific Assessment ($3,500 due Feb 8) shortly after our already high Annual Assessments ($3,375 was due Jan 1). This is to cover the fiscal shortfall the HOA created when they awarded work to a contractor without sufficient funding in our reserves to pay for it. They also did not obtain multiple bids for the project, or haven’t shared them if they did.
Does anyone know of any legal standing we have here? Or have any lawyer recommendations – to use and/or stay away from?
Unfortunately there may not be a lot that you can do. If your governing documents allow your Association to create a Special Assessment without any limits then your HOA can charge both regular and special assessments. See if your governing documents allow for special assessments and what the requirements maybe. Since we are not attorneys, we cannot offer you any legal advice.
I Currently live in Livingston Texas in a fairly rural subdivision and they currently have this so called POA that doesnt do anything in which they are suppose to. They do not maintain the roads in the neighborhood in which they there are in horrid conditions and they also tear up the fire department trucks as well. Not to mention the fact that due to them not unkeeping the roads it also delays calls as well in the events of emergencys
The house next door to my home is now a rental. Currently 14 un related people live there. The HoA covenant states that our homes are single family residences with no more than one unrelated person living there. The HoA says they are unable to do anything. Any suggestions?
Hello I am trying to get some information on how to remove board members, mainly our president and her daughter who is also a member from our POA. They have been stealing hundreds of thousands of dollars from our association and are now raising our fees due to “inflation” They have made no repairs to our community and we are tired of it and in desperate need of some help. They threaten and bully anyone who brings up an issue, no longer hold meetings and haven’t in years actually. When meetings were held if you spoke up or made even a comment they would have you escorted out by a police officer. Most people in this community are barely making it now. If a request is made to see any bookkeeping records, we are only allowed 30 minutes and taking pictures, making copies or taking notes is strictly forbidden and the same police officer is there to enforce this. We were supposed to have an election 3 years ago but she said we won’t be having one, then Covid came and she used that excuse. We finally did have an election and she went door-to-door threatening that if they don’t sign the paperwork she will report them to ice. Most of the people that live here did not even know what they were signing and she ended up winning by 80% proxy vote. It’s written on our bylaws that proxy voting is not allowed. No upgrades repairs have been made, with the exception of security cameras that she listed as a security expense 3 months in a row at $20,000 each time. We have met with city council, I’ve tried to contact an attorney every time we tried to get assistance it is a dead end. I don’t know how to go about having her removed and just need some assistance. Thank you
You will need to check your governing documents to determine if removal of a board member is possible and what the process is
Question. I live in subdivision of 205 lots. For the past seven years our board holds elections for board members where, the only people allowed to vote in the elections are those that can make the annual membership meeting in person. The board does not notify the association members who is on the slate of candidates, you have to be there in person to learn the names. The board screens anyone that seeks to be on the slate of candidates, you have to provide them your qualifications, and if they deem you to not be in good standing you are forbidden from being on the slate of candidates. The only time you can apply to be in the board is in January, but the board elections are in October. The same individuals have been on the board since 2013. By the board’s actions have they invalidated themselves from being on the board?
If your association falls under the Texas Property Code 209, section 209.0056 and other similar sections may be of interest to you https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
My Hoa has a person that belittled and harassed me via email today but also in the past. My neighbors were using a huge smoker with cedar counts high today and had it propped up against our homes to the point my garage and house was filled with black and white smoke. I called the fire dept as we are in a burn ban but nobody cares and these neighbors are loud and retaliate by doing worse things weekly. It’s ongoing. They know they can do whatever they want because we don’t even have a police force and they don’t care. My ring cameras go off 30-50 times an hour from 6 am to 6 pm daily and my HOA person calls me names via email and has never helped us once since 2017 with all the things these neighbors that are dangerous do and get away with every day. Yet if my grass is long I get a message but they can operate a daycare, leave trash all over to the point of rats moving here, and there are so many other unsafe issues. Nobody else on this road acts like this. I am fed up. I have tried to move but we cannot just yet. I have tried talking to them and they reiterate that they will do whatever they want. We work off hours and nights so they let the 10 kids there scream all day and don’t watch them all. It’s a nightmare and they knew if they moved out here to Jarrell that they would be ignored I just don’t feel this is safe or fair and I am not treated equally. Our HOA tells people via newsletter to buy devices to shut up the dogs barking which is cruel and violent and if people here weren’t packed in like sardines and having 30 -50 people living in one house the dogs wouldn’t bark in the first place not like this.
I am a homestead co-owner. I got non-judicial foreclosure. It only took 27 days. Below is the foreclosure timeline.
1. June 8: property manager, without written authorization from my COA, designated trustees to execute the foreclosure.
2. June 10: received Notice of Lien Foreclosure Sale from the trustees. The foreclosure was filled and posted at county clerk.
3. June 27: the June 8 document of Appointment of Trustees was notarized.
4. July 5: my appointment was sold.
It’s puzzling. My COA hired a new management company to manage our community on June 1. The property manager, our former management company employee, still claims that she’s property manager of our community and as representative of our community, designated trustees to foreclose my unit. This foreclosure is too quickly, out of the ordinary. The trustee disregarded the relevant legal requirements in order to catch up with the July 5 foreclosure auction. Otherwise, they will have to wait for next auction on August 2. It’s stealing.
I would like get some suggestions. Thank you.
An Expedited Foreclosure can be done within 23 days if you don’t respond once served. I am currently working with two residents of an HOA in which I am the former President who both have expedited foreclosures served on them.
Both of them wrote a letter to the court issuing a general denial dropping it off with the court clerk and since they beat the 23 day deadline, one case is set for trial not until September 2023. And the other has not been set for trial yet, but the general denial letter stopped the foreclosure process.
DISCLAIMER: I am not an Attorney and only relaying personal experience based upon me being both Treasurer and a President of an HOA and currently what two of my friends did and are going through.
Thank you for your comment on my case. I had no foreclosure experience in the past. If now, I would adopt this method to stop the foreclosure process.
I’m being charged fines that other neighbors aren’t being fined for the same violation. Plus they’re also charging me legal fees of $2,700 when all they’ve done is sent me emails. I asked about a payment plan and he told me the Board would only consider lump payment. Then after telling me they would take a payment plan. I sent the HOA what was owed of fees only. Then telling me they were hired for collections telling me they could possibly get the fines and interest waived. Duh that’s what I didn’t pay because other neighbors weren’t being fined for the same things. Then that they were also hired for none payment of assessments and when I looked at the bill there aren’t any assessment charges. The legal fees are more than what’s owed when we haven’t stepped foot in court. Emails take minutes to write not hours.
There are several newer laws around these types of fees, effective late 2021, that you should take a look at and see if they are violating them. These links will give you a starting point:
https://www.fsresidential.com/texas/news-events/articles/13-ways-sb-1588-affects-your-texas-hoa/
https://legiscan.com/TX/text/SB1588/id/2408353
Check TX Property Code Sec 209.006(d) which REQUIRES Homeowners Associations to develop payment plan policies that allows alternative payment plans. I know this becasue our HOA board just recently adopted such a plan that meets the Sec 209 requirement.
The challenge of HOA regulation through the Trxas Property Code is that enforcement is only through litigation. A suit is district Court can cost tens of thousands of dollars with little chance for reimbursement. The option of JP courts is that they have limited legal experience with more complicated matters of compliance with legislated issues. Texas needs some other remedy such as a court of mediation so that residents have some redress to abusive HOA management.
Texas needs an Agency dedicated to HOA enforcement not the Texas Workforce Commission.
Before you can get to a District Court tens of thousands of dollars are generally wasted in the required and corrupt Arbitration process. The judge I had apparently (lawyer conversation) encourages large lawyer expenditures at the arbitration level to discourage appeals. I had a really good case but arbitration cost me over $60,000 so the bad guys won by default. Just legalized corruption killing property owner’s rights.
My JP Judge has helped me multiple times with legal information that kept me from having to go to court. But, he has been around a long time, so that could be why I have had good experiences.
What was the issue the JP helped with?
Is your JP judge in Houston, Texas, by chance?
Arbitrary enforcement of ‘rules’ with zero recourse available to concerned owner. Experienced blatant contempt and disparagement from board members.
Why does the HOA raise their rates for absolutely no reason without giving an explanation? Then we are told we are not allowed to complain. What’s to stop them from charging $10,000 next year? This “just deal with it” attitude is very unprofessional and concerning at the same time. Something to think about.
Im a home owner. I have problem last 6 months I need help to get some HOA . I’m requesting patio . I have patio before from previous owner last 10 years I was trying to changing my patio roof Last 6 months they Were very unprofessional and unfair.my house is leaking…i need help. My HOA have no patio rule on there CCR guidelines. They are still fighting. New board member is bad my neighbor sadly. I’m going through tough time. I can’t afford any lawyer.
Thank you for contacting the HOA Reform Coalition of Texas. Pease go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Check you architectural control guidelines and see if there is a time frame that is to be followed. In my HOA if you don’t get an answer in 30 it is automatically approved and for roofs, if it is the same or better than what you have you don’t need approval to change it out.
Since 2014 our hoa has had a road remediation agreement. If you build or remodel, ( same form) you must sign this agreement, which will cover damage to the road ( pvt roads). And charge a fee to build..i.e example (2010 .50 cents a sg ft. 2020 upped to $1.00 per sq foot.
We have 3 board members, one built in 2021 and one in 2022. ( New homes).
This road remediation agreement is two fold major projects and minor projects. All 3 board members also complete minor projects ( 2 board members in 2021 and 1 board member in 2020. The board member who did not build a new home, made a motion to return money, void the updated road remediation agreement and go back to the smaller amount. To look like there was no conflict or unethical issues. For the year 2021 one board member recused himself and the other 2 board members voted for it. Then for the year 2020. 2 board members voted for it and the mone that built that year recused himself. Duh…both passed, thus both board members ( and 8 other new builds) had money returned.
Not fair and equitable because the board members claim since 2 board members completed small projects the same year 2021, they could not vote because they could not obtain a quarm.
Under texas state legislation ethics, this is unethical because if you have any part of benifitking from a motion you shall ( doesnt say should not, it says shall not) bote on that motion.
Under texas business code 22, it appears you can vote as they did but one prong of the motion is that it must be fair and equitable to all. That prong was not met because the homeowners who completed the minor projects were not reimbursed. This could even go as far as the board purposely did everything this way because of race, creed, religion or national origin. One of the 7 families that completed a minor project is African American. Did the board exclude all minor projects because that one family race? I believe not but could it be construde? If you cant be fair and equitable to all, no one is returned the funds! Espically the board.
Our HOA run by Goodwin has failed to keep up the entrance to our subdivision. They had a company they were using but they left. It’s been 6 to 8 months or a little weed pulling (some done by the homeowners themselves) but nothing else. Just dead bushes and weeds. I pay on time no late fees. What can be done? I’ve gone to the BBB but Goodwin keeps saying it’s our job to get it done.
Unfortunately, there isn’t much that you can do except run for the Board and put yourself in a position where the management company needs to take direction from you.
We have a full time Management company employee for our HOA that has 1247 homes. When selling a home the Management company charges nearly $1000 in fees to transfer membership to the new owner. There is an Inspection Fee for $150 that, apparently, is to view the homes compliance prior to new owners.
The issue is that the full time person we already pay for was the one who did the inspection. The management company is double dipping here collecting fees and using our full time representative to do so.
I understand how these fees can be acceptable for a non-full time representative but to charge homeowners in the HOA that fee is unethical and bad business practices.
Unfortunately our HOA board is only out to protect their own popularity and interests and will do nothing about the Management company.
Can an HOA regulate what a Management company charges?
What are complaint and legal issues a homeowner can do against the Management company?
BBB complaint?
The Coalition agrees with you completely. These transfer fees need to stop. A few years ago transfer fees were stopped for other real estate sales and not POAs. We strongly encourage you to contact your representatives and let them know about the fleecing of new homeowners when they purchase a home in a POA.
Every time I call the HOA management board they state refer to our president. I asked the builder who Essex claims is the president, about a copy of budgets and meetings. We have had only 1 meeting when a copy dropped us in 2013 since I have lived at property for 11 years. NOBODY has answers for our community. It has been a SCAM. We want to know where and who is are money going to.
Property code 209 has provisions for a demand letter to see all records and finances.
I want to file a complaint on a manager at VCM, Inc. who oversee the HOA for the constant harassment and turning resolved “courtesy notices” into formal violations weeks after I get confirmation that she closed the case. I have no experience with this and need guidance.
There is actually no enforcement agency in Texas for you to do this. The Coalition has tried in prior years to have such a board established but we have been unable to achieve that outcome.
My POA recently fined me for my boat parking. They conveniently decided that my home is front facing more to a side lot than the front of the lot in which it’s primarily built. The garage and carport are built on the side lot. They are doing this to find a way to force me to remove my legally parked boat from my driveway and park it behind in my backyard. In 2015 a prior president wrote a letter to me and the entire board for a similar complaint about my boat in which he acknowledged that my home was on a corner lot configuration and that my home is built on one lot and my garage on another and both lots are considered a corner composite building site with my home being primary on the addressed primary lot therefore legally in my rights to park there. I explained all this in a recent meeting in which they ignored the past president letter and said it wasn’t valid. I took my plat showing my home and pointed out the front facing the street and drew a perpendicular line across the property that proved the parking to be behind this line and compliant with covenants and restrictions. I also made multiple construction changes back in 2015 w this prior president approval in order to try and work on agreeable solutions for additional parking. I expanded my garage, added more pavement for parking, and added an additional carport. This was all as a result of the initial parking complaint in 2015. Now they are overturning and ignoring all facts. They are removing my ability to use and enjoy my property.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I haven’t been receiving my mail as the communal mailbox is supposedly “insecure”. I’ve made complaints to the HOA and have received the run around that the post office is responsible for the replacing the mailbox, but USPS says the community is responsible. It’s an inconvenience to make frequent trips to the post office 15 minutes away and only open during my work hours. What recourse do I have?
We would suggest that you have a discussion with the post office to see how the situation can be improved. To our knowledge, the USPS is responsible for mail delivery.
The post office boxes are federally owned, USPS is responsible for them. Talk to a person higher up in the post office, show that person pictures and request help.
What recourse do we have if the board of directors do not enforce the written CCR’s . The lack of enforcement , or possibly consistent enforcement causes damage to our property values and quality of life. Is there a Texas governing authority to report this to, if after requesting the board to review the issues I’d unsuccessful ?
Thank you
Unfortunately there is no governing authority that you can make such complaints to.
We filed several emails with photos to our HOA regarding an unsafe parking issue. Our parking lot has 2 entrances one on each side. Let’s say one east and the other on west side of our lot. There is a neighbor who continously parks so we can not access the west entrance. This is deliberate due to letter he recd 6 months ago from our HOA. Since then his parking has been more radical. He parks in the middle of our lot to intentionally block our side from the west entrance. We emailed our hoa numerous times with photos since June of this year. We expressed our concern about only having one way in and outta here. There is a sick person here and it’s very possible an ambulance or firetruck will be needed here. Since there’s been no change we assume nothing is being done. Our emails get no response. What can we do? We feel unsafe here. Especially if there is a fire. Thank you.
If you have public streets, you can try contacting the city to see what they can do. If they see they danger maybe they can create a “No Parking Zone” on that section of the street.
My husband and I have live for 3+ years in a POA in the state of Texas. Since living here I have attended the board meetings either in person or via zoom.
When asking concerns or questions about the community the board has either ignored my questions or concerns. It has now reach a level of personal attacks on an open community forum and blocking my household from attending zoom meetings which are at present the only way they will have board meetings.
I have a pretty bad leak coming from the exterior walls in my condo. I have contacted the HOA about 20 times in the past two weeks. Many times in writing. It took a lot of effort just to get their handyman out. After he viewed the walls, he asked me to follow up with the HOA for next steps. Again, the HOA as gone silent. They don’t answer their phones or respond to email. Is there a board or agency I can file a formal complaint with? I have all of the emails.
Unfortunately there is no governing board that you can elevate your complaint to in Texas
Why are there know caps on spending, reserve funds, contracts, HOA increases? Why can HOA boards get away with not being completely transparent, answer questions, correct things brought to their attention like pool chemicals being kept in the pool pump room which corrodes anything metal? Why are all the laws in favor of the association and not the homeowners who pay for everything? Fair Laws can and should be put in place in favor of homeowners. Homeowners should not have to take legal action to get questions answered. All owners should be able to vote caps / safeguards in regarding to spending, reserve funds, big projects, contracts etc. The Law should be on the homeowners side since we pay for everything.
Anybody using Townsquare for Texas HOA vote collection Just found out our HOA uses this software and the individual votes are not confidential (Texas Law). Anybody else having this problem?
On June 28, 2022, I received the standard letter from the HOA management company for semi-annual HOA dues that had to be paid by August 30, 2022. On July 15, 2022, I submitted the payment that was successfully processed. On September 12, 2022, I received a letter saying there was a $21 charge added to my account as a reminder fee for August 2022 HOA dues that had not been paid. I immediately reached out to the property manager and HOA board (via phone and in writing) to initiate a dispute and to provide proof of payment. The property manager responded to say the payment was applied to past due fees that were added to the account for an ACC violation. Since then have reached out to the HOA board of directors, the property management company, and ClickPay (the online payment servicer) explicitly saying that I did not authorize for my payment to be added to fees. Unfortunately, I have had no luck as the property management company says they do not have any control over how payments are applied to the account. On September 26, I requested a hearing with the board to discuss the matter. In response to my hearing request, the board asked for additional information that would help them make an informed decision. I provided the following (1) a copy of the HOA governing document which does not have a violation fee policy in place, (2) The ruling from a previous vote where the implementation of a violation fee policy failed to meet 2/3rds approval, (3) Proof of payment that had since cleared my account, (4) A copy of the payment coupon. On October 12, 2022, I received an invoice from the HOA saying another $49 had been charged to my account for a ‘second notice’ fee. This despite my having an active dispute and a request for a hearing. On October 12, 2022, the same day I received the ‘second notice’, I sent an email to the property manager and the HOA board of directors explaining that they continue to add charges to my account despite an active dispute that is awaiting a hearing date. In that email, I pointed to HOA governing documents which outline the following, (1) there is no violation fee policy for this subdivision, (2) Late fees and interest shall increase at a rate of 6% per annum, and (3) approval from 2/3rds homeowners is required for any amendments to CC&Rs. On October 20, 2022, the property manager responded (on behalf of the board) to say the enforcement policy they adopted, according to their legal counsel, does not require 2/3rds approval. In the email they explained that a hard copy of the unapproved fee schedule had been mailed to all homeowners. I can confirm an unapproved fee schedule had been sent to all homeowners in August of 2021. However, that fee schedule was never voted or approved by homeowners nor was it published in county records or even on the HOA website. After doing some digging, I found out that their legal counsel is a debt collection attorney.
My question: Are homeowners bound to unapproved changes made to restrictions when the governing documents explicitly say 2/3rds approval from all homeowners is required for an amendment?
Thank you for contacting the HOA Reform Coalition of Texas. There is a payment priority that HOA’s need to apply to account balances when received from a member. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge. He will be able to help sort through if the HOA appropriately applied the payment or not to your account.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hi. My HOA is giving me a hard time about installing a solar system. They made me get my neighbors written authorization. I do not see that in the law. They also coming up with excuses like is blurry or one of the homeowners form is not in the package which it was…. Any help would be appreciated. The also told me basically our neighborhood has more say because of price point. Sound A little discriminatory as well.
Thank you for contacting the HOA Reform Coalition of Texas. You are correct, Texas Property Code Section 202.010: HOAs and POAs cannot prohibit or restrict a property owner from installing a solar energy device as defined by Texas Tax Code Section 171.107. However, the following exceptions do give HOAs the power to restrict solar panels if one of the following conditions exist:
If the solar energy devices are illegal or violate public health and safety
If they are located on common property within the subdivision
If they extend higher than the roofline, do not conform to the slope of the roof, or are not parallel to the roofline
If they are ground-mounted and extend above the homeowner’s fence
If they are installed in a way that voids the warranties
If they have an element that is not in a silver, bronze, or black tone
If they are installed without prior approval by the HOA
Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
Further details about this topic can be found on: https://www.gosolartexas.org/solar-rights-regulations
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have been fighting with my hoa I asked for the foundation to be fixed for 3 years on August 11th my building literally split in half I have a covered wrap on my building which was supposed to be temporary still don’t have foundation fixed I have been in touch with city code Compliance im in kidney failure and my house is sinking more every day yesterday I cam home to busted pipes I can’t turn on water until this is fixed please if you can direct me to anyone who may be able to help all if the community has issues with no repairs being done it is getting cold outside I have several pictures of how I am living
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
We are a deed-restricted community. The current board-appointed president came in and started to null and void all the governing documents we have had in place for over 25 years. He then created his own water-down version of an amendment more to his liking. In that amendment, he added two more years to each officer’s position’s term retroactive. For example, he was elected treasurer for the 2022 term and then was appointed president when the elected president quit in February. This board was elected under the existing bylaws when they were elected that stated an annual election must be held but he is refusing to hold an election because he says it states in the new amendment he filed this year the new terms he created. We are not opposed to amending terms for board members but for new term limits amended an election must be held, and let the homeowners decide who they want to represent them under the new terms, not write yourself two more years automatically because you say so. We have tried to discuss this with the board but they refuse to discuss or bring it up at any meeting. We have never had a board president come in and take such radical actions as to remove all our existing governing documents. More important, refuse to hold an election as stated in their own original governing documents they removed (null and void).
I complained on the Inframark HOA Townhall that the people I registered violations and actions needed to took too long to remedy situations.
The HOA subsequently threatened my free speech rights telling me negativity was not allowed without saying how I was negative. They also removed my “negative” post.
I pay for the HOA to run that page. Seems they are denying my constitutionally protected right to free speech.
Do the following violations fall under this section of HOA deed restrictions: House needing painting or power washing, driveway needs power washing, screens in need repair?
Article III, Section 15. Lot Maintenance, The Owners or occupants of all Lots shall at all times keep all weeds and grass thereon cut in a sanitary, healthful and attractive manner, and shall in no event use any lot for storage of materials and equipment except for normal residential requirements as incident to construction of improvements thereon as herein permitted. The reason I ask is that many violations are written up under this section.
HOAs sending violation notices concerning lot maintenance, painting, parking violations and etc are very common in all POAs. HOA/POAs typically have Broad authority to send violations if it is perceived that the violation doesn’t uphold the subdivision standards
I have a question about the formation of the HOA board. The HOA that I live in formed a HOA board after the the required time as set forth by Texas law. From what I have read, the Board must be formed on or before the 120th day after 75% of the lots were created and sold. Is the previous statement correct? And if the HOA board was not formed within that time frame is it legal? Can they enforce any rules or regulations since it was not formed according to Texas law Texas Property Code Sec. 209.00591.
Thank you for contacting the HOA Reform Coalition of Texas. You are asking a very good questions. Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My hoa are racists they refuse to make repairs for my property while maintaining their own my dues are always paid the only response I get is if you don’t like it move I am a senior citizen and this is unfair
I have taken my HOA to small claims court twice when they did such tactics. It only costs about $200 to file. I just had to make sure that I had all the documentation.
Disclaimer: I am not an Attorney and this should not be construed as legal advice. Just what I did in my situation.
I paid my HOA on time, no fines. Paid assessments in my property that I bought since 1998, they have raised the HOA every year. They built a defective retain wall which I photograph with the cracks and emailed to the HOA and the Board of directors. The foundations problems had increased causing water leaks inside my property and is reaping my condo in its seems,doors don’t close etc. there are cracks everywhere; they had jack up my condo leaving a huge gap between the floor and dirt. I have six years of documenting this info to the proper channels fallowing the guidelines. Last year I paid a special assessment to repair the retaining wall over $400 I had requested info of any updates but I don’t get any answers. I’m afraid that my condo is going to crumble, I don’t know what else to do. They have prohibited me to contact any vendors that have served my property. They don’t acknowledged any of my emails, or responded. What can I do? Any suggestions are welcome, Thanks !
Unfortunately a HOA is not required to respond. At this point you may need legal advice. As we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My family (3 owners) owns a condo where my daughter (25) one of the owners lives. 2 years ago we received a disturbing video via airdrop (we did not accept it), but took a screenshot from a downstairs tenant. We shared our complaint with the board who advised us we did not have any proof of where it came from. Recently the downstairs neighbor shared pictures of flooding and it matched the screenshot in the video. The tenant (50ish) has recently started to harass our daughter. The police have responded, this tenant (who is not the owner) but the brother of a sister who owns the place. We filed a complaint to our board requesting that the owner of the property reach out to us and notified our entire board of the video and harassment. I am shocked but they are just ignoring our family as if we don’t exist. This tenant has lived on the property for over 20 years. They have an illegal homestead filed on the property. What is the responsibility of this board to actually respond/acknowledge our family? I am asking them to assist in helping us keep our daughter safe by connecting me to the owner of this unit. Am I missing something? Why are they ignoring us. Please note we receive almost daily emails of things going on in the community so I don’t believe they are being neglectful, it feels like they have intentionally decided to ignore us. It is just adding horrible insult to the harassment from this gentleman.
Thank you for contacting the Coalition. Your concern for you daughters safety is very important. Have you tried to talk directly with a Board member. Although there are many things that a Board can do, this could be out of their area of responsibility especially since the police have become involved. There are times that folks feel that an HOA board should resolve all conflicts between residents but there are times that the police or others are more suited to handle such delicate situations. This may be one.
Maybe others who read this site have some suggestions?
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our Frisco TX HOA is participating in Selective Enforcement.
They used an attorney to require us to provide information about our solar path lights, a decoration in the back yard, a temporary paver so I can walk without falling because of disabilities, power washing and restaining our fence a neutral brown wood color.
We spoke to neighbors and they have never been required to submit solor path lights, staining washing fence, temporary pavers…..
Our front door broke/wound shut or lock so we got another. More than 10 months later they now want an ACC.
But they are not requiring other neighbors.
They also invited the community to get rocks from the pool to put around our homes since they were removing them. We did get some and now they want an ACC request for those too.
Nobody else we have spoken to have been required to provide ACC. Only us
Anyone have any ideas?
8 unit condo association:
Board bullying
Can a 3 member BOD move forward with a major assessment without a vote of the members in good standing?
Can a BOD enact random new policies, using the term “ best practice “ over and over then record them in the courthouse.
BODs are given broad powers to increase assessments and enact new policies as long as the power is given to them in the governing documents. Best to check your documents an see if there are any limitations given.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Sure they can raise assessments without a vote because no authorities enforce the laws
Actually they can’t increase assessments without prior notification and done in an open meeting. They can illegally, but it only takes one homeowner to take them to court. We did it at our association when the Board increased assessments against the Texas State Property Code and they were rolled back.
“Sec. 209.0051. OPEN BOARD MEETINGS
…The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:
(1) fines;
(2) damage assessments;
(3) initiation of foreclosure actions;
(4) initiation of enforcement actions, excluding temporary restraining orders or violations involving a threat to health or safety;
(5) increases in assessments;
(6) levying of special assessments;…
https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
DISCLAIMER: I am not an Attorney and this should not be construed as legal advice.
The Lawyer of my HOA scam about ten people. They put and amount of debt
on the owner account, them didn’t want to give them their account balance, while the owner disputed the debt, charges were
added to the account. I was intimidated by the lawyer and paid $6000.
I have try every avenue, DBPR ignore me and I never got my money back.
The residents can enforce it. Why do we always have to have public agencies? All it takes is one resident to drag their butt to court. I have been in Court against the Board of my HOA five times, and have been in mediation where a retired Judge was the Mediator once. The five times included twice as a Homeowner, and three times when I was President dragging other board members to court for their unscrupulous practices.
Sam Madden’s post shows why there needs to be a governmental body to enforce the laws. He took his association to court and what did it get him. He continues on multiple ocassions to continue to take them to court as it costs them nothing as insurance protects them. I to took my association to court and won. I got a settlement of $90,000. After lawyer fees and taxes I cleared about $5000. As it took around 7.5 years to get a settlement that the Board ignored, why bother. There needs to be some punitive action against boards. After the settlement my board refused to prosecute the theft of over $12,000 that was stolen from the association and was in an account controlled by one of the board members. Not only didn’t the board do nothing, the police and district Attorney wouldn’t prosecute either.
My lawyer told me the problem is people that want to be on boards are fruustrated power hungry people that couldn’t get power in real life so they sit on boards. I think he is correct. The only way to avoid hassle with boards is to avoid them or ignore them. I am in an HOA and have not looked at the financials, been to a board meeting nor communicated with them. I send them their check and don’t ask questions. Happiness abounds!
Does a Texas HOA, POA, CA, etc. have statutory authority to bar a homeowner from renting/leasing to a convicted felon?
My question is not intended to address the nature of a conviction. My HOA is floating a by-law addition to bar rentals to felons and appears to cast the HOA as a party to every lease in the neighborhood.
I have not found any reference (yet) in TX Property Code.
Thank you for contacting the HOA Reform Coalition of Texas. As we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has not maintained our lawn care for nearly 2 years they have made excuses about weeds and lawn service. Weeds are piled up on our fences and now the new excuse is that they don’t have a weed wacker
The UP Home Owners Association Board was not in compliance with Texas State Laws of 2019. The UP HOA Board operated not within standards from 2019 to 2021. I informed them that the UP HOA Board is not in compliance with the 2019 law. The President and their spouse served on the UP HOA Board consecutively. Both of them served on the UP HOA Board since 2013. I requested the board impose a moratorium or a hiatus from people serving on the board for 10 years straight. If a person serves on the board for two consecutive terms then there needs to be a hiatus of three years minimum. If a person serving on the UP HOA Board is found in non compliance with the TX HOA Laws than that person needs to step down and wait a minimum three years hiatus before running for the UP HOA Board again
I requested to speak to the UP HOA Board”s lawyer and was denied. I requested the name and phone number of the UP HOA Board’s lawyer and was not given the name or phone number. I requested the lawyer for the management company and was denied. The UP HOA operates not in compliance with the TX HOA Laws neither the Roberts Rules of Order when conducting Annual or Board members meetings.
I request that for the 2023 TX HOA Laws that there be term limits put on TX HOA Board members terms. The members whom may want to run for the board after serving two consecutive terms then those members will need to wait a hiatus of minimum three years. The HOA members have a right to know who is the lawyer that represents their HOA Board and the HOA Management Company serving their HOA Board.
The Coalition has already made this a 2023 priority to add term limits to Board members to allow new Board member to participate. But we need your help to contact your representatives to have them sponsor legislation for term limits. Our suggestion is someone can only serve six of the last 10 years.
How to contact legislators as you request? Is there a way to find who they are , a shared letter to use to ensure concerns addressed, etc?
Please see the Texas website: https://capitol.texas.gov/mnumytlo.aspx
Does an HOA BOARD have the right to deny a paid HOA member, the name and phone number to the HOA Board’s Lawyer?
Please explain how you buy onto an
HOA and agree to the terms and conditions, then rules are arbitrarily changed with no discussion or vote. I did not buy into the drastic changes. How can that be? Why can’t Texas have an HOA Ombudsman Department to take on these HOAs and complaints, and make restrictions to help the citizens. There is no place to live, it seems without an HOA. Can’t reps here contact the state government for further control?
There are probably many people who read this site that can relate to your frustrations concerning HOAs being arbitrary and changing the rules or interpretation of the rules with very little input from the membership. There are many complaints on this site about the same thing. The Coalition has tried for years to gather support for an Oversight Committee for HOAs at the state level. Unfortunately, very little traction has been made. There is an upcoming legislative session coming up. Our best advice is for you to contact your representatives and have them champion a bill to make a Oversight Committee for HOAs.
My HOA has increased the monthly fee to $392. My front yard used to be beautiful with grass & tall bushes. Now it looks like a desert. I can’t afford those fees and have the property decrease in value with its appearance. Now I can’t get any response from them. Any suggestions?
Unfortunately, there is nothing that requires an HOA to respond to inquiries. Maybe you can talk to a Board member one-on-one and determine if there is a pathforward.
Well said..you are absolutely correct
Yes, I am battling my HOA violating their own CC&Rs, I can communicate my disaggrements, but in the end I dont have thousands of dollars to blow on a lawsuit. Hard to move to a place near work without an HOA, but might have to take the high interest loans of the market for peace of mind and make that long drive.
This may be the most comprehensive, concise description of HOA activity in the state of Texas I have ever read.
Let just be frank HOAs and POAs can break any laws they want and deny you all your rights bestowed to you by the constitution of the United States because they are protected by the laws of this state. It is state sanctioned communism and tyranny. The reason that HOAs and POAs do as they please despite the laws or even bylaws is that they know there is no recourse for the people they abuse. There is no regulatory agency. You can issue a complaint to the TX workforce commission but that’s as useful as shouting into the wind for the same reason, no one is listening, cares, or has a policy to reprimand or correct illegal behavior. You can try the legal system but you’ll get stuck in the court system for an eternity and rack up an immense bill of legal fees. Not to mention that you are effectively suing yourself while the people who violated your rights are given blanket immunity by the state laws. I’m not a lawyer but it seems to me that creating a place inside our country designed to deny people their American rights should be federally illegal. Why are we not collectively suing the state for creating criminal enterprises and protecting those criminal enterprises they created under the laws of this state? I understand that this course of action might seem drastic to many but if the state has created a system that violates or denies federal rights to American citizens then is that not what the federal system is for? There are plenty of incidents where these places operate outside the law (state and federal) and do so with impunity knowing that they are protected by the state legislature. How much more corruption and organized crime (boards and managers) must citizens endure in this state before we take the case to a federal level? I’ve tried letter writing and alerting my representatives. The truth is no one cares. It’s not an issue that will gain politicians any recognition or glory so they have little interest in helping. I’ve even tried state HUD office and the best they could do was give me the phone number to a homeless shelter to go to if I felt unsafe in my home due to the managers threats and the number to the state law library I suppose so I could attempt to build my own pro se case. This is why most people abandon the idea of justice in these situations because the system here is created and cultivated specifically to muzzle and squash anyone who seeks fairness or equitable treatment under the law. How is that not against the entire premise and foundation of our nation? The laws regarding this matter in this state are fundamentally made to limit the rights of the members while empowering the boards and managers to operate illegally. How is the state not responsible for the abuses being suffered by their citizens when the state created the system knowing and continuously being alerted to those same abuses, criminal activity, and the violation of citizen’s rights?
I am experiencing the same. I have found that the greatest problem is with the majority of homeowners not knowing their rights under the laws. As noted above, there is no agency to oversee HOA boards, all that is left are the property owners or the courts. The more I attempt to educated the other property owners, the more retaliation I receive. I am in court no trying to prevent foreclosure of our home. In the discovery process we have discovered that the board has not held a lawful election for the board in the past seven years. They also gave away 15 acres of association land to a friend of the board, then at the advice of the association attorney Gregory Cagle, held a deceptive election to release that land from under our deed restrictions, the previous year, they had held a mail in ballot only to release the land, but filed with the county clerk that they did so with 51% approving, when the law states 67%.
I could not agree more. I sued my HOA for not adhering to Texas statutes. Nothing debatable. It took 7.5 years to arrive at a settlement. I got $90,000. It covered my legal fees after taxes. I also got injunctive relief. The board ignored the injunction and I was faced with doing it all over again. I sold the property. As Clayton Williams told Ann Richards, rape is inevitable. Lay back and enjoy it when it comes to hoas.
I totally agree with what you are saying. And the state legislation give them non-profit status. And allow them by law to oppress Home Owners. And no one Holds HOA AND POA accountable for their actions. JESUS HAVE MERCY
Well said. My case fits 100% with what you commented.
HOA is not following the law as it relates to meeting notices and enforcement. When you bring it up they retaliate and get rude with you. All I want is them to do what is right and Fair. I kept bringing up things not in compliant of the bylaws and they towed my car which was where it was allowed to be because I told them it is not safe for me to park down a dark street and walk home with no lighting and recent break ins and the tow company said the HOA manager called to have mine towed but nobody else’s. I have proof everyone else parks where I was parked but nothing for them and they refuse to give me a hearing or reimbursement for retaliation and selective enforcement. What are my options?
From Attorney David Kahne’s website concerning selective enforcement: https://texashoas.org/faqs/ “Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.”
This is not meant to be legal advice.
If they are like my HOA that do the same offenses as yours…nothing…we have won a lawsuit in court…the HOA ignored it an the courts fail to enforce it…..good luck
My HOA king property management does not respond back. Every time I call they don’t answer or brush me off stating they will call back but don’t. They are fining me for my dog barking but my dog is the the one barking I have given the video evidence and had my neighbor confirm. They also don’t maintain the lawn or other areas. I have photo and videos
Section 209.004 (a) (4) says the management cert. must include:
the recording data for the declaration and any amendments to the declaration;
Is that just the CCRs & their amendments or does it also include the articles of incorporation, bylaws, & bylaw amendments?
I am being sued for HOA dues. I informed the HOA and their attorney that I was a disabled veteran and I just needed time to see some assets to pay my dues. I informed them that I had the money on the 17th of August and they refused to take my payment. On the 30 of August the filed the suit in district court. I then paid the lawsuit in full to the attorney to have it dismissed. They now say that I owe and additional $1588.00 for them to dismiss the case. If I pay the additional $1588 to get this dismissed can I take them to small claims court to recover the fraudulent charges or do I just present this to the current Judge and hope that he dismisses the additional charges?
Thank you for contacting the HOA Reform Coalition of Texas. As we are am not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
I am a current board member our HOA is a 503c. I was told recently that the legal term for a leave of absence is voluntary resignation. I have never heard of anything like this, I’ve searched all over the internet and can’t find anything that says those are the same….so I trust your answers…am I being lied to by the management company.
Our HOA in Ventana Lakes Katy Inframark has been unable to repair a splash pad for nearly a month now. Every week it’s a new excuse.
What recourse is there?
This is a matter for your HOA and members to address. Maybe you can get a group together and ask the Board what the issues are with the splash pad and determine how, as a community, the required repairs could be made.
By the way that $400 is monthly. So I am paying $4,800.00 a year for my HOA fees and the property looks absolutely pitiful. There are other homeowners that feel the same also
Gatewood HOA are not keeping my front property appearance as beautiful as it was when I moved in. What was lush green grass & bushes is now dirt & 2 small bushes. The fees are now $400 & I can’t afford that plus my mortgage. I do have photos if needed
Your complaint is a common one that an association is not maintaining common areas or providing services unfortunately there isn’t much you can do. Sometimes the best thing to do is to get on the Board yourself to make a change.
I was hoping for a better response. Other homeowners are not pleased with this HOA as well. $400.00 a month and my property looks worse than when I I moved in. Almost $5,000.00 a year???? Why?
Can you Sue the HOA or Landlord for not providing Mailboxes ? or whom can i contact to inquire regarding this matter
Thank you for contacting the HOA Reform Coalition of Texas. As we are not an attorneys and you are specifically asking for a legal opinion, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I’m a member of a small HOA (10 units) in Port Aransas/Corpus Christi Texas. Who can I file a complaint with against my HOA whom I believe is mishandling funds, harassing guests (Short Term Rentals) and not looking out for the best interest of the community. They have not filed the Franchise Tax for 2020 & 2021. According to the state, they shouldn’t be operating as a HOA since they have not filed. They do not have a Registered Agent. I had to pay for General Liability Insurance for the common areas because they refused to do so. Hired an attorney, but after approximately $5,500, a request to bring the HOA back into compliance (no response from HOA) 7 a Cease and Desist Letter, I’m looking for any suggestions to resolve my issue. Any help would be greatly appreciated.
Unfortunately, there is no oversight committee or board that you can file a complaint about against your HOA. The Coalition has tried for several years to have such an oversight committee but we have not been successful.
I pay $265/mo. for my condo’s HOA dues. These fees include courtesy security patrol, property maintenance, security cameras. The company changed management to American1stPropertyManagement Houston, Texas which has received a multitude of complaints due to the influx of tenants moving onto the property, exceeding occupant capacity, vandalizing property & vehicles, unauthorized parties and congregating in the parking lot, furniture and trash in front of units and property, barbecue pits on the sidewalk, resulting in property owners loosing tenants and money. The property manager does not provide any security, maintenance, nor the cameras we are paying for. He doesn’t respond to the complaints and concerns of the homeowners/tenants. What can we do about this matter?
Unfortunately your complaint is a common problem when living in a condo or HOA. As an owner you don’t have much control over this situation except if you are on the Board yourself or the owners together make a change in the organization.
Our unincorporated rural HOA board has decided for a preferred contractor (trash) to be the sole provider for our small neighborhood. There are multiple companies offering a variety of different services in our area. We have a contract with a different company with a renewal date 14months out. Our CC&Rs and Community Manual gives power to the HOA for contracted bids on the maintenance, repair and anesthetic appeal of common areas – gate, road and landscaping along easements). QUESTION: Can the HOA force us to change to another contractor, with individual contracts locked for multiple years and with no set rate? Is trash collection considered a common area? What wording in HOA documents should I look for that provides clarity?
If the Texas property code 209 applies to your subdivision. Section 209.0052. ASSOCIATION CONTRACTS maybe of some interest to you. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm. The Board is typically given broad powers to enter into contracts so you will need to read the governing documents for any limitations.
Texas Property Code Section 204.010 DOES NOT APPLY to most HOA’s in Texas. Still, many HOA’s are using it unlawfully, either by mistake or a power grab.
1. Earlier in the Chapter, Section 204.002 limits the geographical area to which Chapter 204 applies to Brazoria, Galveston, Harris and Montgomery Counties.
So, if you live elsewhere, your HOA should not refer to or take any action under Section 204.010.
2. Earlier in the Chapter, Section 204.003 states,
“An express designation in a document creating restrictions applicable to a residential real estate subdivision that provides for the extension of, addition to, or modification of existing restrictions by a designated number of owners of real property in the subdivision prevails over the provisions of this chapter.”
So, if your subdivision already had a DCCR meeting those conditions, your HOA should not refer to or take any action under Section 204.010.
HOA’S SHOULD READ SECTIONS 204.002 AND 204.003!
HOA’S SHOULD STOP APPLYING SECTION 204.010 UNLAWFULLY!
Here is the link to the Texas Property Code:
https://statutes.capitol.texas.gov/?link=PR.
My HOA has been operating under Chapter 204.010 unlawfully since 1995, and I only discovered it this past month. I spoke at a meeting of the Board of Directors and explained it to them. You should do the same. Hopefully this information will help. Good Luck : )
I got unemployed, so I didn’t have money to pay the HOA bill $1100 this year. Now they increased the fee to $1500, includes $195+$60 collector’s fee. Also $100 on late fee without any letters or emails to let me know this. Should I pay this bill or are they anywhere I can complain on this problem? I am in Houston, Texas
Thanks for contacting the Coalition. There is no oversight board or committee that you can complain to about this problem. What you are experiencing is a common complaint. The Coalition always recommends to pay your HOA assessments. If you do not, the HOA can foreclose on your property, even for these small amounts (compared to the value of your house). The HOA should have a policy about creating a payment plan. Contact your HOA about this policy. Document your conversations with the HOA, verbal, email and via mail.
They should offer a payment plan of up to 18 months it’s the same for property tax’s. Makes sense saves the association money in legal fees. However you can ask for a payment plan they cannot refuse you by T.P.C.
There’s a condo complex in San Antonio that concerns me and a lot of other people. They charge an HOA fee of $206 a month!! It’s unheard of. It’s not brand new. It’s older. And I don’t see how they are getting away with charging so much HOA fees a month! Villa Del Sol is the name on Vance Jackson. How can the owners get some changes? This is ridiculous!
This is a common problem with many HOAs and COAs, the ability to raise fees and special assessments without limit. We suggest that you contact your state representatives and ask them to place limits on all HOA’s and COA’s with the amounts that they can charge for fees and fines.
Hill Country Homeowners Association for Windgate Ranch in San Antonio thrives on sending violation notices to many residents for the most diminutive items. I have been berated with countless violations for my motorhome and as a retired veteran I deserve more options to store my motorhome on the side of my home without any enmity or repercussions. We are paying an absorbent amount of fees every year for little to no improvements in our community. We don’t even have a communal area or play area for children.
I’m the POA for my parents they have a house in Glenn Heights Texas. I paid their annual fee in January. HOA is saying that I did not pay. I showed the receipt showing that I did from their system. Then they came back saying oh we reversed the payment. They did NOT reverse the payment. I told them that the bank says they didn’t send anything. Then I see they charge us for another fee in 2021 and never notified us about it. I sent the money in for that and they sent the check back. The HOA won’t take the money and they keep on adding fees on to my parents. They won’t respond to me anymore and I filed a complaint with BBB. They won’t respond to them. I’m trying to sale the house but can’t because the HOA is not clear. I don’t understand why they are doing this to us. I feel stuck. I have never had issues for paying a bill before. I read their reviews and many say that they don’t notify you because they’re wanting to charge you the fees. I don’t think this is fair. I have all my documents showing we paid on time and e-mails that I sent to them. I called too. No one will contact me. I’m a single mom, have a sick parent and the other passed. I don’t want to worry my mom about this so I’m trying to handle this professionally. I would appreciate any help you can provide.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I own my home. The HOA is forcing me to have a service installation INSIDE my home that I do not need or want. I’m being FORCED because other homeowners want the service. This requires damage to the inside of my home in which no one will be responsible for paying for in terms of interior damage or clean up. This also includes the workmen CUTTING through the walls of my property. Do I have rights to stop this?
Thank you for contacting the HOA Reform Coalition of Texas. Your question is one that we do not have the resources to answer. Your best bet is to ask an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
We have an HOA who does not answer us, phone calls and emails, we have no board and no proof of financial records. We are expected to pay our dues though..which I have. What can we do?
The best thing to do is get involved with your HOA and run for the Board. If you want to see change, sometimes the best thing to do is to get on the Board yourself and make those changes. Your issue of non-responsiveness is a common problem in HOAs.
I live in a HOA-POA & there are 18 phases with different rules & regulations. They are wanting to pass the 211 where we become one phase. Does each phase have to have a 67% YES Vote ? Or say 400 Yes votes are mailed in & 67% vote YES. Does this mean 211 is passed & official ? This seems to be a gray area in our community.
This is a difficult question to answer without seeing your governing documents. If your governing documents are not clear it be best taht you get a legal opinion. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has property on the otherside of my backyard. Their trees are growing through our fence and destroying our property. They have ignored every one of our requests to view the damage and to cut down their trees causing the damage
HOA’s ignoring issues is not an uncommon problem. As you can see on this website many folks have complained about similar issues. As we are not attorneys we cannot give you legal advice. However we can suggest that you contact the HOA with all of your documentation and send the information certified return receipt so that you have proof of your willingness to work with the HOA to get this issue resolved. If there is still no resolution then we suggest that you contact an attorney to see if they can help you in the process.
Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA is sending out meeting notifications with a link to the agenda 7days in advance that don’t include any location. They also have repeatedly failed to upload meeting minutes in a timely manner. To date the last one published is February. Multiple people have notified them. Who can we report them to?
Thank you for contacting the HOA Reform Coalition. You are correct that there are Texas State Laws that require certain information to be published for a Board to conduct a meeting with certain requirements as long as your HOA is subject to these laws. However, there are no requirements to upload meeting notes. Unfortunately, there is no oversight governing body that you can report your HOA to. There are some legal recourses that can be taken. Since we are not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hello there I could use some serious advise in regards to HOA and their “representatives” I live in an apartment/townhome complex and there is an “office” where one agent hides herself away unless she is forced outside to write fines that sometimes come from the president or herself… after moving into this facility the woman/agent in the office told me she knew my mother in which I found out they did not like one another. Now this woman is using it as a reason/means to make up rumors and write fines that are NOT true at all sending them to our landlord causing tons of unwanted and unnecessary drama. Also lying claiming they sent “warning after warning” which is another bold face lie. Which might I add we all have our own personal landlord within these units. Now I am being told by our landlord that he doesn’t want to deal with the HOA and their complaints and are forcing us to move out!?! How is these even remotely possible? My fiancé and I are a quiet couple who keeps to ourselves especially since he has to be cared for 24/7 medically after he was on life support a couple months ago. Do we have ANY sort of rights in regards to this crazy situation? Please if someone could shed some light that would be GREATLY appreciated. Thanks God Bless
Thank you for contacting the HOA Reform Coalition of Texas. Your question is of a legal nature, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have a huge concern. A family member is in the process of purchasing a condo here San Antonio Texas. They are older and the name is Villa Del Sol condominiums on Vance Jackson. Just found out their HOA fees are $206 A MONTH! Whaaaaat the?!?! I live in a nice home and HOA fees are only $130 quarterly. I’ve seen the condos, they are older but most are renovated inside. The pool I don’t think is working, they have a fenceline, some greenery. But $200 a month from every unit? How does this make sense?
HOAs can set the rates as they see fit. They can also assess hefty fines and special assessments.
This HOA is Not Fulfilling it’s Duties this HOA has not allowed Trust on Promising to make changes in Community after 10yrs Still No Changes There is Only a Memorial where someone lost there Life and A Trespassing Sign on Park Still no Walking Trail but they Collect Dues for What Still no Changes 10yrs. Please Help Please Hear My Plea .
I need an attorney for dallas Texas to sue my Hoa for abusive tactics on fines just because you write letters..instead of communicate with you;they fined you because of letter..they are in thecomplex to work for the homeowner as we paid them with our dues..need to get in touch with a lawyer..I got all correspondence with me.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Tuscan Village Lakeway has been a nightmare POA and has divided a once great community. After the builder turned over the Association to Community the Board has been making change after change of rules that were put into effect without member vote or discussion, including requirement to sign a strong waiver that basically owners are being forced to sign or NOT be able to use their amenities, attend events, enter clubhouse, or get a fob, etc. TV POA Association is not responsible for anything and cannot be sued. Making rules with no vote or discussion, ignoring members, micromanaging lives, not making repairs. Members feel helpless and many afraid to speak out. Please get state laws to make changes that gives MORE power and freedoms BACK to the members. We are not robots and we do not live in an authoritarian communistic country. Basic rules are fine, but going overboard to not being able to feed the birds, park in your driveway, have rights to use your member facilities that you pay for, changes without vote or discussion, spending your money without vote, not making repairs, go way too far. You cannot purchase home hardly that is not under HOA. Where are our freedoms? Why must there be an HOA in every community? You already have your City restrictions. PLEASE HELP!
Security camera approved to be installed by me at my condo conspicuously due to damage to my car and I have protective order and my neighbor was court ordered removed from the community. The HOA claims I am using camera to spy on all my neighbors due to recent board member I sent videos of her stalking me and harrassing me. My neighbor has inconspicuous camera mounted monitoring the stairs that I have to use coming and going from my condo yet friend of the board so she does not have to remove her camera. Selective enforcement and ignored concern for my safety of myself and properties
Selective enforcement is not an uncommon problem in POAs. There are many complaints on this website of similar issues
Thank you to the legal system that allowed five years of stalking, harassment, lawsuits, breach of contract and breaches of a permanent injunction that caused me to attempt suicide. Thanks for not helping. Sorry I didn’t have a ton of cash for you. I am now facing bankruptcy and a battle for foreclosure within some strange loophole.
I’m paying thousands of dollars a year in dues but hoa is neglecting my property my neighbors properties are maintained while mine isn’t I think they are racist what am supposed to do I don’t want to be forced to move
How are privacy screens treated legally?
1) Is a section of privacy screen considered fencing?
2) Is the section of privacy screen considered a permenant structure?
3) Are there any state(Texas) or federal laws that override HOA CC&R’s.
CONTEXT:
I created a privacy screen along a short segment of my fence line with the intent to block my neighbors view from their 5 second story windows and 1 ground level window that can easily see my pool and sunbathing deck that the wife lays out on for sun.
Our HOA rules on fences is not taller than six(6) feet. I am in a non flood zone, and as such, do not need permits for fences in my county.
The privacy screen is to ten feet tall 4×4 wood posts, 8 ft above ground with a curtain rod like piping across the top and 4 outdoor specific designed curtain panels. The width is about 14 total feet or two standard fence panels wide approximately.
They gave me a violation and said they will fine me if I do not remove it.
Your feedback is appreciated.
Thank you for contacting the HOA Reform Coalition of Texas. Since we are not attorneys and you are asking for a legal opinion, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I was supposed to close on my condo 7/8/2022 but because my HOA has been non responsive to requests from the mortgage company, I still have not been able to close. The documents requested from the HOA is the only thing holding up the closing. Requests were sent to them on 6/22. Is there an agency where I can file a complaint? Location is in Texas.
Unfortunately there is no oversight group you can report the HOA to in order to resolve this situation. The Coalition has asked for stronger laws giving more power to the owners and to provide an oversight committee to resolve issues such as this.
We have a relatively new hoa board member who is presumably retired or otherwise unemployed and started a dog walking service that ending up only including people in our community (was not a pre-existing business that happened to be used by people here but rather began ostensibly with one neighbor and expanded to others including other board members). Nothing against creating opportunity – good for them – but, now they are a board member. This strikes me as a conflict of interest, regardless of intent and even in the absence of misconduct, to have a hoa board member who has income derived either in part or in total from hoa members. This person was recently at the pool promoting their service in the same conversation as talking about being a board member. Is there anything specific in terms of property code that speaks to this or would this have to be addressed in our by-laws?
We are unaware of anything specific in the property code that would prevent this behavior. It would most likely need to be addressed in your governing documents.
My bankruptcy was canceled a year before completion during the beginning of the pandemic in 2020. The HOA sued me for over $30K, which included $11K in past due HOA fees and the rest is attorney and collection fees. The invoice shows a misc line item of $13K for Dec 2018 which is most likely prior years fees that violate the 4 year statute of limitations. I offered to settle for $25K, but they refused and would accept nothing less than $32K.
What can I do about this?
Thank you for contacting the HOA Reform Coalition of Texas. Your best bet is getting an attorney involved, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in a small POA containing 149 lots with a private lot. There are 45+ plus homes and growing. The board members we currently have are unwilling to supply an outlet for ALL members to access any and all information concerning the workings of the board. The outlet that is in place is a user friendly site.
They refuse to emails as a way to contact the board.
They have failed to maintain roads, common areas. They are not willing to answer or address concerns in a professional manner.
Volunteers are not accepted unless known by board members.
Any referrals or assistance would be appreciated.
Thank you for contacting the Coalition. Your complaints are common here on the site. HOAs not performing the duties that the members expect. The Coalition has been successful in getting more homeowner rights via the Texas State Laws but there are many more laws that need to be changed to give homeowners more power in the POAs.
Question? If our board has not been running board elections in accordance with the association Bylaws, and 209.00593 of the property code, can they be lawfully seated? Or is this potential fraud?
Thank you for contacting the HOA Reform Coalition of Texas. Since you are asking for a legal opinion, we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has not upheld its covenants on adjacent property owner.
We have filed complaints since April 2022 with no resolution. This homeowner has parked a large travel trailer on slope a few feet from our property line. Covenants require a slab for parking which has been dismissed by ACC president aka homeowner bunko buddy. HOA 3rd party has not been involved with the decision ACC president has made on her own. She has given them an addition 6 months starting june 2022 to comply and is allowing homeowners to use travel trailer as additional space with generator.
Upon appeal of appraisal district with photos of adjacent property and travel trailer we were granted a reduction in home value of 25k.
We have continued to reach out to HOA and ACC and have been ignored. We feel our rights as property owners have been dismissed while ACC and HOA have been allowing adjacent homeowners to violate covenants.
Thanks for contacting the HOA Reform Coalition. Your complaint is not a new one. Many folks complain about selective enforcement and non-responsive ACC and Boards. If you are in a zoned community, maybe there is something that the City can do to help you.
In my HOA we had bylaws stating that the ACC committee was to decide the paint colors for the complex. When the board decided they did not want to accept or even negotiate or give feedback on the color selections they voted to amend the bylaws to include the board as the final vote in color changes. They posted the proposed change on Friday and the board meeting was Monday. Even though the meeting had 3 times the usual number of homeowners plus and aggressive email campaign to the board, they passed the new bylaw. They did this to make sure the new law separating ACC from boards didn’t effect our HOA. After they changed the bylaws but before they have been officially recorded by law, they voted not to change the color palette that was approved last year before there was the new law separating ACC from the board.
Was this done properly? Is there any recourse? Homeowners did not approve the by law change 88 percent to 12 who did via a poll taken. (Though the poll was only about 35 of 404 homes)
Thank you for contacting the HOA Reform Coalition of Texas. You are asking a legal question, since we are not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am a homeowner in need of an attorney that I can consult with regarding a possible breach of contract by my HOA. Can anyone recommend someone in the Houston area?
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in williamsburg Hamlet. Our HOA has actually demanded we tell them how many people live in our homes and if we fail to do so they will fine us….isn’t that a violation of my right to privacy?
Thank you for contacting the coalition, assuming this is not about tenants, please clarify if (1) they are asking everyone, or (2) asking just certain homeowner(s)? What reason (if any) is being given? Is there something about this in any governing documents? Is this something new in the subdivision?
I am the ARC chair for my HOA. Our bylaws say that ARC chooses the paint colors for the homes. Since there can no longer be a board person on the committee, the board and manager gave me the instructions to include colors from other paint phases so that we didn’t have so Macy paint to store. They told me how many colors could be chosen and that I could only use a max of 3 new colors.
ARC turned in a neutral palate reusing 7 of 10 colors and only adding 3 new, also neutrals.
Now the board claims it needs to vote in the colors (not in our bylaws) and I believe they have asked our association lawyer to change the laws to say they get to pick the colors. They are a micromanaging and incestuous bunch and are often pulling nasty tricks.
If they pull that stunt is there any recourse? If they get it by the lawyer, would the colors turned in when the bylaw said ARC is solely in charge of colors be able to be changed or would they have to wait to decide on their colors because the change in bylaws was after a palette was decided and submitted by my committee?
If there were one or two “no” votes to change the bylaws then I believe via our docs they can’t make a change but the most likely “no” vote May miss the meeting due to illness. Can she have a lawyer represent her at the meeting?
Can they still proceed and get the bylaw passed?
If they do it but that “no” vote becomes known so it was an illegal (by our docs) change, what recourse do homeowners have? Just another miserable day with this board who for the life of them can’t be transparent or open to conversation instead of underhanded manipulation to get their wishes.
All help appreciated!
Thank you for contacting the HOA Reform Coalition of Texas. Since you are asking for legal opinions, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA charged the title company, who then charged me, almost $700 in fees to process the sale of my house. They have found loopholes and ways around the legislative restrictions and someone needs to stop them. They are just taking our money because they can.
The HOA Reform Coalition absolutely agrees with you. These fees need to be contained.
I need an attorney for dallas Texas to sue my Hoa for abusive tactics on fines just because you write letters..instead of communicate with you;they fined you because of letter..they are in thecomplex to work for the homeowner as we paid them with our dues..need to get in touch with a lawyer..I got all correspondence with me.
The problem with the current HOA laws is ignorance of property owners in the HOA’s as to their rights and protections under the laws, in particular Property Code 209. I am a Texas Realtor, and generally had a good knowledge of HOA laws through my licensing and continuing education. However, I found myself confronted by a board President and board that for the past five years has been a serious thorn in my side. They actively seek to keep property owners in the dark about what they are up too. Since 2020 my home has had a lien placed on it over a disagreement, and then since 2021, the association has filed a case in District Court to Foreclose on our property. Because there is no agency in the state that oversees HOA boards, it is up to the property owners to hold board members accountable. I believe that any future changes to Tex. Prop Code § 209 must include a requirement of some kind where anyone moving into a HOA must be provided a copy of 209, either at the Title Company, or by the Realtors selling properties.
I have lived in 3 subdivisions (2 in Plano and 1 in Prosper) with HOAs. Currently, I live in Windsong Ranch in Prosper TX. Here’s my concern. Is there a limit for how long a Developer can control the board (no homeowner representation)? Why I’m asking is this HOA has been run by the Developer for 7 years. We keep getting increased dues annually which are approved by the Developer. Shouldn’t there be a limit.
Thanks for contact the HOA Reform Coalition. Texas property code 209.00591(c) does cover the Board membership with respect to developer control. Please review this section of the Texas property code to determine if your subdivision falls under this statute.
Note: This is not meant to be legal advice
In February 2011 the Texas legislators passed a bill that states “67% of homeowners” when voting. My hoa uses 70% of votes cast not votes of all eligible. This is still continuing. After bringing it to the boards attention they did recalculate the results on the last votes.
My question. This is 2022 every vote from 2011 to the most recent votes have been using 70% of votes cast.
Does this make each vote that was taken and tallied with the wrong information invalid?
Thank you for contacting the HOA Reform Coalition of Texas. Your question is legal in nature, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
We need to eliminate the HOA in lakeside area. They cause to many problems and do nothing four our Lakside community. I have lived in my lakeside home for over 22 years and they have done nothing. I see no change. It a waste of peoples money. I vote to get rid of HOA in Round Rock, Texas. Board member have nothing more to do then take our money to pay themselves. Hell no!!!!
The HOA board is comprised of a board put in place by builders and have no residents or voting. The HOA is over 3 years old. They recently passed an assessment for mailbox property that was damaged while having all members muted and refused to allow anyone to ask questions. Is there anything that can be done to form a homeowner board or fight this assessment.
This is an unfortunate problem with HOAs. HOAs have the ability to assess special assessments which may not be limited. In this situation, since every HOA is different, you will need to look at your governing documents to determine if there are any limitations for your Board concerning special assessments.
*Note — Every situation is different, this should not be considered legal advice.
Can the HOA force me to pay for repairs for uneven sidewalk on the side of my house
The first questions is who owns the sidewalks or are the sidewalks considered public property. If you are in a city, typically the side walk is public property and the City has a responsibility to either pay or share in the cost of replacing sidewalks that are uneven. In an private community HOA, then the responsibility should be discussed in the governing documents as to who has that responsibility. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am in a condo. I have had 5 leaks into my unit over the past 2 years from the roof. They are always in the same 2 spots and the HOA tells me they have repaired and sealed the roof… and then there’s another leak. I am responsible for the drywall so after every leak I have to pay for the drywall repair. I can’t even imagine the water damage inside the attic. The HOA is not responsive. They tell me it was “fixed” and then I have another leak into my unit when it rains. What recourses do I have?
Thank you for contacting the HOA Reform Coalition of Texas. As for recourses, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Dear HOA Reform Coalition: I am currently an owner of a condo in San Marcos Tx. Our small condo is in front of the on-site pool which has been filled with dark green/ gray water since August 2021. We have sent various emails to HOA managers in Sept 2021, Dec 2021, April 2022 and expressed significant concern each time. The algae is a community health hazard due to the type of bacteria that feed on it. This type of bacteria is known to cause contact dermatitis, folliculitis, diarrhea and fever. This is especially dangerous for those who are immunocompromised. The pool remains very green/gray in color and it is very disappointing (will attempt to send pictures). No obvious attempts have been made to shock or sanitize this algae/bacteria infested pool. I respectfully request help in this matter.
You may want to see if the City of San Marcos can help you. There may be some ordinances requiring maintenance of pools and other requirement from a sanitation perspective.
My flat had been suffering from rodent problem since early March 2022. HOA had done nothing, my property management company reached out 3-4 times to the HOA and no reply. The property management company sealed any pending areas, but this is temporary until the HOA gets the rodent situation under control.
Is there any way to push HOA to have a faster reaction?
Unfortunately there is no oversight for HOAs so to get a faster reaction is difficult. Many people complain about the lack of response by HOAs.
My Hoa charge $340.65 a month and the property is in bad shape no grass just weed containers wall in need of power washing My unit look like it haven’t been repaired in decade.The HOA is very frustrating., when I moved in tmy account showed a balance of $2400.00 I had to call them a lot lt two and half month to fix, when they did fix it I was charge late fees. They also charge $15,00 a month to make a payment. I really think something is crooked is going on. I think the Board needs a homeowners on the Board.
What outside groups (government, law enforcement, advocacy groups etc.) would help with: unauthorized spending by some Board members (circumventing financial controls with beyond historic spending and norms of Association including outside of the officer’s spending authority, not getting dual signatures nor Board approval per by-laws, etc.), sloppy to no financial statements, not granting new Treasurer full access to accounting system. In case it matters, note it is a 501(c)(4) property owners association.
I am seeking advice on where to turn for help on such problems.
Unfortunately there is no oversight committee available to report HOA’s too. The Coalition has been pushing for this for several session in the Texas Legislature but with little success. You will need to contact your representatives and ask them to create more protections for property owners and more accountability for Boards and management companies.
Does a developer run HOA have to file tax return for the nonprofit hoa? And if so, is that return public information? Any idea how to obtain if HOA refuses to provide?
If an HOA is incorporated, the HOA has various filing requirements. The HOA board (whether controlled by the developer or by owners) is responsible to ensure these filings. The developer (or a property manager) may have some responsibility (to the association) by contract.
For Texas non-profits generally, some filing requirements are described here https://www.hurwitassociates.com/nonprofit-registration-and-compliance/starting-a-nonprofit-organization-in-texas/ and here https://comptroller.texas.gov/taxes/exempt/faq.php. HOAs can be exempt from some of these filing requirements (sales tax, franchise tax), if they qualify appropriately. See https://comptroller.texas.gov/taxes/exempt/hoa.php.
In most cases, owners should be able to get copies of financial records, using the open records statutes. See the Texas Property Code 209.005 & 82.1411. Those statutes state certain procedures to follow.
Also, all condos, and some subdivision HOAs, must obtain audits, and these also should be available to owners. If a subdivision obtains federal 501(c)(4) status, which is not common, the public should be able to see its application and recent annual filings. See https://www.irs.gov/charities-non-profits/public-disclosure-and-availability-of-exempt-organizations-returns-and-applications-documents-subject-to-public-disclosure.
In a developer run hoa, do all board members have to sign and approve a dues increase? Or can just one?
You will need to refer to your governing documents as to how increases can be implemented in the subdivision and what the voting requirements are to make such increases. This type of issue is different in every subdivision.
My POA does not charge dues, we do not have a clubhouse, pool, boat ramp, nothing. The roads are maintained by the county. I never signed an agreement or belong to the POA. my lot with an outbuilding on it is under contract to be sold. I was told the POA needs to sign a variance because 3 corners of the building are in the easement. The POA will not sign it because they say I didn’t ask permission before putting up the building. The POA practices selective enforcement, I see many violations around me, nothing has been done to remedy it. What can I do since they won’t sign the variance and can they do this to me when they do not equally enforce the cc&r’s.
Why is there no State Agency that can audit or look into wrong doings of our HOA? I believe our HOA is most likely doing criminal activity and also making it so we can not vote on anything ever.
There should also be a way to Appeal decisions that do NOT involve the Corrupt HOA officers.
The Board of directors has also turned over ALL control of the HOA to the Management Company and they are all working together to launder our money or get contractors to fix things on their own property while saying it is the HOA common property (allegedly).
HOA’s are all just another level of corrupt governing body that needs to be eliminated in Texas!
The HOA Reform Coalition agrees with you. We have tried for years to legislate for an oversight committee or State Agency to govern over HOAs. Unfortunately our attempts to get such legislation passed has not been successful. We have not given up on this concept and look forward to continue to pursue this and other topics to protect homeowners.
This is a key issue. My HOA consistently violates or ignores legal statutes or founding documents. My only recourse is through an expensive legal action that platifs and defendants(us as well) have to pay for.
Can an HOA divide itself into three sections each having its own board and manager but keep the articles and bylaws from the original HOA? Also can those sections of HOA divide without documentation at the county clerks office? If each section doesn’t have their individual articles or bylaws but file amendments later to their individual section then naming that section for the documents at the county clerks office are they even applicable as changes if the changes are under each section identified with a different name then the original founding documents? Also does a board and manager have to file documents naming themselves during their tenure? According to our original documents and not finding any amendments to those documents filed at the clerks office my HOA is not delivering several things in those bylaws and articles. So even if the amendments filed under a different name are legal despite the name not matching what is my next course of action if they are in violation of their own documents. I have gathered a good number of residents to sign several certified letters to the board and manager. One letter is for the release of financials and voting records. The next is to address the changes in the bylaws that have no record on file at the county office. The last is to ask for a vote on a new manager because of her unprofessional behavior and failure to do her job in accordance with the bylaws and articles. My question here is when they refuse or acknowledge those letters or react to them at all is my only next step to gather the residents who signed those letters with me and hire an attorney? Is there nothing else I can do as a layperson? I can’t get on the board because the manager and board were never voted on to begin with. Those positions have always been passed by predecessor to whoever they choose to take their position. They are usually friends or relatives of the previous person in that position. Also the board and manager are not allowing proxy mail in votes. The issue is there are never enough people for a vote so the board and manager have taken to just making decisions in place of a vote. When I mentioned to the president that allowing people time to get, review, and mail in their votes with a proxy ballot was an option we should use so that a vote could be held. He told be that wasn’t allowed because of our bylaws but that’s not in the bylaws. Obviously they have no interest in holding votes so they can continue making every decision without oversight or majority consensus.
There are State laws governing HOAs but it has been my experience unless the laws are enforced by the local authorities, nothing will be done and HOAs can do whatever they want without punishment
Unfortunately that is true. I am going on the 4th year of a legal battle against an HOA that i lived in from 2007-2019. The fight continues because of personal vendetta’s of a very small group of people (3-5) with one main ring leader which continues to use Homeowner’s Dues to pay an Attorney to bully me.
They have kept themselves in power for over 15 years using election manipulation and fraud, (which I have proof of) and don’t follow anything, (CCR’s, Bylaws, and State Property Code), except what they want to do, which defies all three mentioned..
Can a neighborhood vote to disband/dissolve an HOA?
You will need to refer to your governing documents to see what the requirements are to disband the HOA. You will probably also want to involve an attorney to ensure that the process is done correctly.
My HOA is refusing to let me build a fence in front of my bedroom window that faces a parking lot and street. I have had a man attempt to sexually assault me in front of my property and want to feel safer and the HOA says that that will make my personal area too much bigger than that of others. Is this legal?
Fencing is an issue that has been quite popular. We are not attorneys so we cannot offer you any legal advice. In the last legislative session there were changes made to allow homeowners to put fences in on their property. However, the legislation has been interpreted by some as being to vague. Your best bet is to contact an attorney familiar with Property Right laws
Hello, In tx hoa, how can you deal hoa president that is stuck on meaningless items with driveway extension where its approved within in the bylaw but cant be close to property line by 3-5ft. They told me taper to avoid dead grass i filed a petition to the board but he is stuck on issue it will be muddy and create issue in the future, But i am seeing homes that didnt extend are having issues now. First the decoration pebbles were not allowed due to safety issues and now its “ok” within 3/4 months. how and what can i do to stop being harrassed and stressed by this folks
Our best advice is to ask to meet with the entire Board and attempt to resolve the situation with the other members of the Board
This is a new development. I sent him emails of other homes doing the same. At one point he said stones are not allowed and now they are ok calling it “personal property”. But the issue at the board meeting for driveway extension was never followed back by hoa till I got the invoice from lawyer and then when asked I thought it was resolved they said you need to remove the extension even after getting condition approval. This is really stressful for no reason and it’s within the rules and other homes extended their driveway.
We are considering buying a single family home in a relatively new master planned community in Bryan, TX. The community started in 2019 and ~200 out of the ~700 lots planned for single family residence have been completed and sold to owners. The developer has been running the HOA since the beginning but it appears that the way they run it has been uncommon. They did not attach “Current Balance Sheet”, “Current Operating Budget”, “Certificate of Insurance concerning Property and Liability Insurance for Common Areas and Facilities” as part of the resale certificate and marked those as “N/A”. When asked, they said that they did not have them, and that they did not prepare or discuss budgets during the board meetings that seemed to have been very rarely held. They would not share any meeting minutes.
Is this common for new communities? Could this be a red flag for the buyer since there is no way to review their financials and understand how well the HOA is run?
In our opinion, yes, you should question an HOA that cannot provide financial statement and the typical required documents for the resale certificate whether or not it is developer controlled. If the HOA is being run like this today, what will it be like in a few years. Sounds like the developer will be in control for quite a while.
Avoid buying in HOA controlled property!!!
You will always be an election away from problems
Texas HOA boards have tremendous power and zero oversight – your HOA property manager & attorney paid with your assessments will always support board members – even knowing they are wrong!
Owner/members have little recourse.
Yes, avoid purchase. We live in an HOA where the developer set us up for failure and the CC&Rs and BYLAWS are a mess. There are properties in the neighborhood not deeded to our development, ie we have not control over them. The Board has doubled our assessment twice in 3 years time – $200 to 800, and believes they have unlimited powers to do whatever they want with small minority vote approval. I would move or not purchase. We are planning to move as well.
How can I file a complaint on my HOA in Texas? They are pressing rules in home owners but fail to comply with their own rules.
Your complaint is a familiar one. Many folks want to file a complaint against their HOA. Unfortunately, one of the biggest problems with the HOA/COA/POA industry is that there is no oversight and it is very difficult for member to file and prevail with grievances associated with mis-management, selective enforcement of the rules and etc. There are some remedies given to homeowners available through judicial proceedings but those are very limited at this time. All of the power resides with HOAs and very little with the members themselves. The Coalition has tried and will continue to have the state legislature enact more protective laws for homeowners but also to have a oversight board to hear complaints and resolve issues with members.
I have questions about how exactly to help push for oversight reforms. I have contacted my state’s representatives and federal HUD authorities about the lack of oversight for HOAs in TX and how that is basically a breeding ground for Sunrise, FL tragedies and a whole host of other criminal and discriminatory behavior. We all have similar issues with our HOAs and it all boils down to no oversight and our only remedy being legal action which we are unlikely to prevail in. So my question is how do we take action as citizens and constituents to enact change for the fundamental problem of unbalanced laws in our system of justice, law and order? It cannot be that my federal rights are trumped by state laws aimed it seems at solely stripping me of those same federal rights. As a Texan and American it is unbelievable to me that I gave up all my rights and liberties to be treated fairly just by becoming a member of an HOA. It’s almost as if by becoming a member of an HOA I defected to some autocratic dictatorship. I know enacting change can be painstaking, long, and many times frustrating but I believe that it is also possible. It would be my hope that all of us sharing here can come together to develop a strategy that we put into action to right this egregious wrong we are all suffering under. How can we bring more attention to this issue? If not to help ourselves then at the very least to inform others before they find themselves accidentally signing away their rights when they join an HOA. I wouldn’t wish what I’m suffering or what others here have suffered on anyone and if I can prevent this pain from being inflicted on someone else I’ll give everything in that effort.
I learned by research, that the builder will send people to legislate in Austin when the bills come up and vote in the builders favor. We had one that never lived in our subdivision voting for us out here. I contacted Beanie many years ago about it to see what could be done. I believe he forward it to the right people. It takes action from everyone. You can’t buy a home without an HOA. That is NOT right either. It’s time to get rid of them.
Hello. my Name is Maria I’m a Navy 20 year veteran and 100 percent disabled vet. I need some help. I’m fighting an HOA foreclosure injustice. Been through two lawyers who have done nothing but drop the ball now I’m being evicted from my home twice. Please help.
Thank you for contacting the HOA Reform Coalition of Texas. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
It appears our HOA has rules for me and not for thee, I am being harassed over a bench swing that has been installed over 11 years, one of the previous HOA board presidents have actually sat in and complimented the swing….11 years later we get a letter saying the swing is an eye sore and a nuisance, After driving through our neighborhood there is one house that really stands out with ample deed restrictions and upon further investigation I have learned that the property actually belongs to the sitting president of the MCHOA, her house looks more like a half way house. boat stored in driveway, uncut lawn, A frame swing in middle of yard, rotten tree stumps, un operative vehicles in drive and so on. Tuesday evening I am expected to attend an HOA board hearing concerning my 11 year old swing.
Selective enforcement is a long time problem with HOAs. Beauty is in the eye of the beholder. As for your 11 year old swing as well as selective enforcement, please vistit Attorney David Kahne’s website https://texashoas.org/faqs/ for more information on these topics.
POA should by law show financial records unless they are in Trinity,county Texas and refuse and the county officials refuse to enforce the law
I am in a legal dispute with my board. In the discovery process and after attending the last annual membership meeting for the purpose of electing board members, I observed how our board members are elected. The current board screens all individuals that want to be on the board prior allowing their names to be placed on the slate of candidates. The only way you know who is on the slate of candidates is if you actually attend the annual membership meeting. Also only those members present for the meeting are allowed to vote. Our association consists of 205 lots. Our Bylaws state that at any membership meeting where voting is happening, all property owners must be allowed to vote by proxy or absentee ballot. I am in possession of an email by a board member to another association member in which she informs someone in March 2021seven months prior to the annual membership meeting to elect board members that, after he has received notice in the mail the week prior to the annual membership meeting, that if he is still interested in running for the board, he can inform the board, and they will place his name on the slate of candidates to be voted on “by the members present at the meeting.”
My HOA is trying to levy a special assessment after only voting during a board meeting and not documenting what the vote was in favor for. I only found out about the assessment when I received a bill 10 days before it was due. I was told a letter was e-mailed (which I didn’t get) saying the vote was by the board during a July 2021 meeting for $70 to be due in March 2022. The July 2021 minutes say a vote was in favor of a $55 special assessment to be due in September 2021. The October 2021 minutes just say “Vote on Special Assessment”.
There is a section in the bylaws for Special Assessments that states:
“In addition to the regular annual Assessments provided above, the Board may levy special Assessments whenever in the Board’s opinion such special Assessments are necessary to enable the Board to carry out the mandatory functions of the Association under the Declarations. The amount and due date of any special Assessments shall be at the reasonable discretion of the Board.”
Texas Property Code Chapter 209 Sec 209.0051 (h) states:
“The board may not, unless done in an open meeting for which prior notice was given to owners under Subsection (e), consider or vote on:
(6) levying of special assessments.
Does the Texas Property Code overrule the Bylaws? Do I have to pay this assessment?
Thank you for contacting the Coalition. In difficult times like these it, where the prices of everything seems to be going up and salaries are stagnate, it is difficult for folks to absorb these additional costs.
The Coalition always advises homeowners to pay their assessments. If you do not, the HOA may have recourse to file a foreclosure on your home. Better to pay the HOA, than lose your home over $70. The Texas Property Code does overrule the governing documents. So you will need to determine if the Board properly called a meeting and specified the agenda item. You also will need to verify that the Texas Property Code applies to your subdivision. It does not apply to all subdivisions in the State. **Disclaimer – Everyone’s situation is different and this is not legal advice**
I was a Texas HOAboard member in 2021 (term expired) and in October we had to vote on our new ACC committee. One of the board members wanted to be on that ACC committee. We were advised by the management company as well as the HOA attorney that it was ok for said board member to hold 2 positions. So we voted and made that board member a ACC committee member. So to be clear the board member is on two committees. Now its 2022 and that board member has another year left on his term. The new ACC committee is upset that a board member is also a ACC committee member which is causing problems as you can imagine. I did not find out that it was prohibited for a board member to be on ACC until we had already voted for it. What can we do now? Is there a higher authority that can get this board member off of the ACC committee? Can I report this to someone? Any help would be appreciated. Said board member is also an attorney. Which makes it even more complicated. Thank you.
The Texas Legislature modified the Texas property Code 209. If your subdivision fall under this statue you may find this of interest:
Sec. 209.00505. ARCHITECTURAL REVIEW AUTHORITY. (a) In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.
(b) This section:
(1) applies only to a property owners’ association that consists of more than 40 lots; and
(2) does not apply during a development period or during any period in which the declarant:
(A) appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B) has the right to veto or modify a decision of the architectural review authority.
(c) A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1) a current board member;
(2) a current board member’s spouse; or
(3) a person residing in a current board member’s household.
(d) A decision by the architectural review authority denying an application or request by an owner for the construction of improvements in the subdivision may be appealed to the board. A written notice of the denial must be provided to the owner by certified mail, hand delivery, or electronic delivery. The notice must:
(1) describe the basis for the denial in reasonable detail and changes, if any, to the application or improvements required as a condition to approval; and
(2) inform the owner that the owner may request a hearing under Subsection (e) on or before the 30th day after the date the notice was mailed to the owner.
(e) The board shall hold a hearing under this section not later than the 30th day after the date the board receives the owner’s request for a hearing and shall notify the owner of the date, time, and place of the hearing not later than the 10th day before the date of the hearing. Only one hearing is required under this subsection.
(f) During a hearing, the board or the designated representative of the property owners’ association and the owner or the owner’s designated representative will each be provided the opportunity to discuss, verify facts, and resolve the denial of the owner’s application or request for the construction of improvements, and the changes, if any, requested by the architectural review authority in the notice provided to the owner under Subsection (d).
(g) The board or the owner may request a postponement. If requested, a postponement shall be granted for a period of not more than 10 days. Additional postponements may be granted by agreement of the parties.
(h) The property owners’ association or the owner may make an audio recording of the meeting.
(i) The board may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision’s declaration.
The statute is clear that a board member cannot be on the ACC committee. **Disclaimer – Everyone’s situation is different and this is not legal advice**
We used to have the board as the ACC committee, it gave the homeowners no place to turn if they disagreed.
If that board member has an ounce of integrity he/she will resign from one of the position, if not maybe the HOA attorney should visit a board meeting and explain the consequences of the continued double held positions. If the attorney still says it is fine, time to find a new attorney, because who knows what other wrong things that attorney has done.
Current TX law bars all board members from participating on ACC.
Is your neighborhood still under declarant control (in development phase)?
Our HOA attorney said no board member could be on the ARC committee
My home is in a small, residential area in a Texas suburb (80 homes total). Our HOA is not following what the Governing Documents state in relation to the Maintenance of “Street Trees” – which are defined in Gov Docs as the part of the ROW and “common area”.
* “Common Areas refer to that land and facilities in any one of the following categories: (ii) Any land and/or facilities within the areas on the Final Plat marked as “Unpaved Right of Way Dedication” or “Row Dedication”… or the unpaved rights-of-way of … ” And a list of all streets with “street trees in ROW” are specifically listed in the Gov Document as “Common Areas”.
*Note: on homeowner’s surveys and on the neighborhood Plat, this area where “street trees” are located is outside of the homeowner’s property lines. (trees are located in the grassy area between the sidewalk and street).
Our HOA Board refuses to acknowledge the Governing Documents, that this ROW property is to be maintained by the HOA Maintenance Association and has sent some homeowners with “street trees” letters demanding that homeowners replace trees, at homeowner expense, in the ROW that have died or fallen over due to storms, etc.
Can HOA’s require homeowners to plant trees on land that is ROW and/or not owned by the homeowner? There is zero mention in the Gov Docs of homeowners being responsible for replacing trees on land outside the homeowner’s deeded lot.
Also, these same “street trees” have been maintained by a long term board member (no longer on the board but still a resident). He sprayed these street trees with black paint for years, with the board’s knowledge.
Thank you.
Thank you for submitting your concerns. In our opinion, an HOA cannot make homeowners do anything that is not supported by the governing documents. The term “support” is deliberately broad but the authority for the Board to act or not act must be in the governing documents. We are not attorney’s, so this is not a legal opinion but just our understanding, based on our understand of what you say is in your governing documents and the Texas Statues, they do not have the authority to make you comply. But again we are not attorneys.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
How can I get involved with the hoa reform coalition. I live in a condominium. The lack of oversight or repercussions to Rogue Condominium Boards has got to change. What objections were there to expanding 209 to apply to condominiums.?
The HOA Reform Coalition absolutely supports your great idea about extending Texas Property Code 209 to condominiums. Senator Huffman did submit a bill in 2019, SB639, to do just that. Unfortunately, her bill did not gain any traction. Again, in 2021, Senator Huffman submitted a watered down version of the bill, SB318, to give those in condominiums the right to records. Absolutely more needs to be done so that those in condos have the same rights as those who live in subdivisions. It is the intention of the Coalition to take this issue on again in 2023. You can submit your email address on the home page to receive updates concerning our activities. What can you do now? Contact your State Representatives and Senators and let them know you need these protections and to support Senator Huffman’s bill. Your Representatives and Senators can co-sponsor the bill.
My HOA has denied me access to all voting and financial documents. Even the bylaws were denied to me for some time and when I did get a copy of what management called updated bylaws there appeared to altered from the originals that I had but there is no documentation of the vote that authorized those changes. When I inquired about this I was verbally abused by the property manager and later my utilities were randomly turned off by management without notice and with no reason given. Vehicles resembling mine and only mine were threaded with towing from visitor parking spaces and the property manager has demanded entry into my home without notice on numerous occasions during my work day knowing I work from home. To be frank, I am afraid of a Surfside Fl situation happening in my community because of mismanagement of funds and structures. I am also facing harassment and discrimination because I dare to ask about things it’s my legal right to ask for. I assume the main issue is my asking questions but since several slurs have also been tossed in my direction by management there could also be something about my person that motivates this individual to treat me worse then other property owners here. Since the freezing storm of Feb last year I have been living with a living room that has two walls missing down to the studs and a balcony with no ceiling and missing drywall from busted pipes in the wall. While some residents have had no trouble getting the HOA to manage their repairs in a prompt manner and with proper contracted repairmen, others are being sent the general property handyman. After that freeze some were even being denied repairs all together by the HOA and told to contact their insurance while others were being threatened with the financial responsibility of the repairs not only to their unit but to their neighbors units as well. What seems unequal or discriminatory is that in most cases the damage needing repair by all these residents is almost identical in nature and source, and yet the response from one owner to the next varies drastically with the only real variant being how this one person, the manager, feels about you personally. I have attended meetings hoping to bring my concerns to the board and the community. We are never given more then a weeks notice for a meeting. In our last meeting the board and the property manager announced changes to the bylaws. When I asked why we weren’t voting I was told there would be no vote and that the board and the manager had the right to change the bylaws without a vote and as they pleased. I know that this goes directly against the bylaws and articles of incorporation for my HOA but with no votes being held how is this to be corrected?
Sorry to hear about your frustrations with your HOA. Many folks have issues receiving documents from their HOA’s. It sounds like you live in a condo. The HOA Reform Coalition has been trying over several legislative sessions to extend the homeowner rights that are in 209 property code to condo associations. Extending these rights will substantially increase homeowner rights for those living in condos. If you would like to receive some attorney advice, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Developer owned POA-1) Can they make a special assessment annual repeating amount? 2) They filed for PPP loan (forgiven) for some of the neighborhood employees. But annual statement showed more of an expense for these salaries than previous years. Can financials still be requested from developer owned?
Thank you for submitting your question. In our opinion, even in developer controlled subdivisions, Homeowner are entitled to financial documents per Texas Property Code 209.005, if your subdivision fall under this section of the property code We are not attorneys but section 209.005 defines the rights of homeowners for records. For more advice concerning your individual circumstance, please consult an attorney.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has an issue with the Developers of our island resort. When the development was established in 2010 the HOA Declaration was very sloppy and the Development rights for future development was not written correctly. Now 12 years later they are trying to get us to do a “Reformation” of our Declaration to clear up their issues. At question is 1/2 of our common area that was in our 2010 Declaration. Everything I read in TUCA does not allow Common Elements to ever be removed once the first condo is sold. I am worried about the effect on my “Clean” title to my property and don’t want to cloud my title by removing “Common Elements” property. In all of my research I cannot find any examples of this happening and being legal
Thank you for contacting the HOA Reform Coalition of Texas. Your question is legal in nature and getting the right advice is important. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have worked onsite for an association for 11 years. Multiple management companies and employees have come and gone. Due to covid we suffered staff shortage resulting in work overload and a micromanaging board chair. I informed management company of work overload, requested support and committee memember involvement to ease work load. I also requested an update on actions being taken on board chair that was micromanaging me, overloaded me with work, yelling, and causing an uncomfortable work situation. No response, only action I got from them was to change my job title and assign me more tasks with no pay increase later to deny the occurrence. The last 3 months I have been retaliated against with false emails and accusations of mis conduct. I requested updates on restaffing my 2 admins and one maintenance personnel position and was told no suitable applicants applied. Not one interview in the past 3 months. Was requested to attend meeting at the management company to be told that the association board has decided to move in another direction and that i had the option of being relocated to their office 40 miles away compared to 15 miles away. I declined relocation due to hardship and child care and they advised me that they never fired me only relocated me. I have worked for association longer than management and in all 11 years not once received a writeup. Contractual agreement between both state we r staff of hoa but management can direct our day to day. I also signed an at will agreement with management company once we hired them. Need advise how to proceed and opinon on who Is my employer. Thanks
We are not attorneys, so we cannot advise you on this situation. Our best suggestion is for you to contact an attorney that is familiar with this area of law, employment, do determine what your options are.
Myself I would resign nobody needs the stress of this situation; There are too many jobs out there some you may like better. At a time when everything an everybody is trying to get our money don’t give it to the doctors
I am in a condo HOA in Texas. The BOD don’t meet at times set in our D&BLaws. We have 180 units, yet no one shows for meeting (never know when they meet). There is no quorum for voting (no one cares). A management company seems to control everything. No one seems to know who is even on our BOD, and management company is not allowed to tell. Is it better just to sell and get out? San Antonio, Tx.
My 150 family sub division has a lake that our rain water runs into. When it reaches a certain height it runs into a creek that eventually runs into East Galveston bay. Who does the lake belong too. Who should pay for the maintenance including, electricity, pump maintenance that circulates water into the air for oxygen that helps stagnation. IS IT THE HOA OR MUD DISTRICT
Sorry but we cannot answer that question definitively. It could be either the HOA, MUD District or some other entity. You will need to do a property records search to see who owns the property and the plat of your subdivision. It isn’t uncommon that while the MUD exists that this entity may help with the costs of such as these but when the MUD dissolves those costs are then the responsibility of whoever owns the property or is responsible for it
Question? For the past several years, our board has been dominated by just a few individuals. They call what the ostensibly say is an annual members meeting for election of board members. However, the only way you can participate in the election of board members is to be present. They do not allow absentee ballots or proxies. This last election the most votes any one candidate received was 29 out of possible 205. Since they do not comply with 209.00593, can this actually constitute an actual annual members meeting, since they exclude 86%of property owners? If not, then could a demand be made as given in TPC 209 for a membership meeting be made?
Many subdivisions have a lack of participation just like yours. So low attendance at annual meetings is not uncommon. As to what constitutes a quorum for the election of a director is determined in your governing documents. Start with your bylaws to see what they say about a quorum for the annual meeting. Do to the change in the state law requiring that an expired term for a director an election must be held, the position cannot be filled by appointment, the statute allows for a bylaws revision to reduce the quorum requirements so that director’s election can be held. It is not uncommon that 10 or 20% of the subdivision constitutes a quorum.
**Disclaimer — This is not legal advice. Everyone’s situation may be different**
In our HOA, the last several year’s annual meetings we maybe had 6 people one year we had 12, 6 were kids. We open and close till quorum is met. The last meeting where we met quorum was in 2011.
The homeowners are very quick to complain, but no one wants to get involved to help out, even with neighborhood events. It seems like they have all forgotten that if you want change come to a meeting. Social media won’t do anything.
Unfortunately my board does not even comply with the association Bylaws. By their actions they discourage participation.
I currently live in Shale Creek in Rhome managed by Essex. We have a continuous issue with the renters across the street. Daily we have very loud music, junk cars and curb mechanics being done all times of the day and night. Along with racing of loud (intentional) cars up and down the street. We have witnessed and filmed drug activity and all of the loud music and cars. We have sent it to Essex multiple times and nothing has been done. The response we get is we cant make them comply (from Lisa A. The Compliance Officer). We have had the Wise County Sherriff out multiple times and no matter what , the renters will just go back to the same thing when they leave. What are the steps we can take to hold the HOA for not enforcing the noise and junk car bylaws? we have pictures and video of all of this..
This is a tough one, it sound like you have done all that you could. You have contacted the HOA, you have contacted the sheriffs office. with no relief. If you live in a City there may be a Noise Ordinance that could be enforced against them by the City. You can go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Once a B.O.D. stops enforcing deed restrictions even a new board will not be able to enforce them. Ask MR. KAHNE. No way to run a subdivision
Our HOA has refused for several months to replace burnt out lightbulbs in our carport area. Lots of excuses and it has never been done. How can we solve this problem?
First you should consult your governing documents to ensure that the HOA is responsible for the lights on your carport. If so, send the HOA a registered, return receipt letter stating the section of the governing documents that requires them to repair or replace these lights. Try to meet with the Board in person to find out why they are not willing to fix the lights if they are part of their responsibility. Maybe you can offer to replace the lights in exchange for credit on your dues or reimbursement from the HOA. If they still are reluctant to resolve the situation then you should consult an attorney who can appropriately advise you.
If you haven’t asked and or they haven’t offered by T.P.C. you are entitled up to an 18 month payment plan. Your attorney should have known this. Ask for a hearing in executive session with the B.O.D.
My H.O.A. required a lease of no less than six months years ago before B& B’s. And this cannot be added and acted on if there is an existing B&B. However gett on a ballot and get it stopped before it proliferates
Arlington, Austin and Coppell have passed ordinances regarding short term rentals. For one thing, they are subject to the city’s motel tax and must get a permit. If there is an existing B&B, check state laws regarding B&Bs. See http://txrules.elaws.us/rule/title25_chapter228_sec.228.223
The builder of my subdivision did not enforce the rules / codes of my subdivision while they were in control of the HOA until the subdivision was sold out. This was approximately 4-5 years. They then turned it over to our subdivision HOA. Are the rules/codes now considered void because they weren’t enforced for so long?
Any help would be appreciated!
Per Attorney David Kahne’s Website https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am subject to two property owners’ associations, one the usual hoa, the second a ‘trails’ association.
The trails association on Jan. 10 emailed what it labelled a ‘pre proxy’ announcing a Feb. 10 annual meeting and soliciting board candidates. It is not a ballot or proxy form, just a solicitation for candidates.
To date I have not received an absentee or proxy ballot listing the names of candidates for the board. I write this on Feb. 2.
What are the required dates by which proxy or absentee ballots listing the names of all board candidates must be sent?
If the trails association is subject to the Texas Property Code, https://statutes.capitol.texas.gov/Docs/PR/pdf/PR.209.pdf these sections may apply:
Sec. 209.0055.VOTING.
Sec. 209.0056.NOTICE OF ELECTION OR ASSOCIATION VOTE.
Sec. 209.00592.VOTING; QUORUM.
Sec. 209.0058.BALLOTS.
Sec. 209.00593.ELECTION OF BOARD MEMBERS.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Copper Grove HOA has been billing me for owed dues as I got behind with husband being laid off, Covid, both husband & I are elderly & husband is a Marine Veteran. Tried submitting at least 3 financial proposals & was told board rejected everything. They put a lien on my house & threatened foreclosure. I sent emails to all the Houston media trying to put a stop to them continuing charges for attorneys, filings, etc., Charges for everything! A close $10,000 now & counting. We have no money & will be facing homelessness if someone doesn’t help!
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has filed a lawsuit against us for an injunction pertaining to the maintenance on our yard. The allegations are untrue, not to mention reliant upon subjective violation claims and selective enforcement. We are in fear of losing our home to foreclosure due to lawyers’ fees should they prevail. We had an attorney, but we ran out of money. I would be grateful for any advice,
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
If what you say is true you can file a complaint with the Texas Bar Association against any lawyer acting unethically. If the HOA is forcing you to maintain any of their property including the strip of the property where your mailbox and the drainage pipes or ditch is, that is the property of the HOA and if they force you to maintain it they are guilty of human trafficking, Human trafficking crimes, which are defined in Title 18, Chapter 77, focus on the act of compelling or coercing a person’s labor, services, or commercial sex acts. The coercion can be subtle or overt, physical or psychological, but it must be used to coerce a victim into performing labor, services, or commercial sex acts. I don’t think there are many bar associations that would support human trafficking by HOA’s.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
A major ethical issue exists when Owners of a condo community file a court petition for hoa books/records and choose to replace the hoa board and manager for general failure to adhere to bylaws and TX property law. However, the hoa attorney, that has been on retainer via the board and shares some of the responsibility in the hoa’s conduct, is allowed to represent the same board in the legal case by Owners against the hoa. Isn’t doing so a duplicitous role of the atty that gives the atty inappropriate advantage to affect the outcome in favor of the hoa.
Also, if the same atty intends to preside over an election of a new board, that the Owners want to conduct themselves, that may result in termination of the atty’s contract with their hoa, isn’t that also improper as a breach of ethics? Btw, the condo bylaws afford them the power to remove board members provided the Owners meet the quorum requirement.
Texas Property Code 209 talks a good game, however, talk is cheap. In my association of 205 properties, the vast majority of property owners are unaware of their rights that TPC 209 was written to protect. Consequently, in my case the board totally disregards any provisions of 209. The board has engaged in a defamation campaign against me on the association FB page. I am not allowed on the page as the amended their rules, such that if the board declares you not in good standing you are banned. The lack of knowledge about 209 within an association weakens the intent. I believe future legislation should somehow mandate information on membership rights and responsibilities. Maybe an overview of property code 209 that must be presented and explained to prospective purchasers in POA’s by the realtor, something that is given by title company at closing, and since associations are required to maintain web pages, they post those on their cites.
Thank you for your idea. It is a good one!! There are requirements on the HOA websites for information concerning the HOA directly but not necessarily the TPC209 and other Statues that have homeowner/condo owner protections.
It does more than talk a good game. But a property owner must be willing to either take their HOA to small claims court when they are not following it or any of the governing documents which are legally binding contracts between the POA and It’s Owners. Or be willing to hire an Attorney.
I have done both. Twice in Small Claims representing myself and once hiring an Attorney when the case was too big and a bit too complicated for me to handle.
Did you win?…we won but the POA is still breaking the law and the corrupt Justice of the Peace refuses to enforce the law
Yes, I did both times. I don’t know what you took them to court for. I took my HOA to court over misuse of funds which the Director had to pay back after I did a records request.
The second time I took them to court is when I had given my Proxy to another individual and they did not let the person in the meeting. In this case the Judge awarded punitive damages, which of course came out of HOA funds. So it’s like suing yourself and your fellow homeowners.
regarding the new fencing law. Westbury civic club did not post on their website or does not reply to my emails regarding the new fence situation and their requirements. What to do?
Thank you for contacting the Coalition. Have you sent a formal letter to the association and the board members with you concerns as registered, return receipt. This would be the first step to show that you formally contacted the association and you have proof that they received such communication from you.
Our HOA election process is not in compliance with our By-Laws and not in compliance with Texas Property Code. We need help. What can we do?
IF your association is subject to the rules in TPC 209 those should be the guidelines set for how to conduct an election and should supercede the bylaws. The best path forward is to have an attorney advise you on how best to update your elections and bylaws so that they are in compliance with TPC209
Our HOA has been collecting fees and holding the posting of payments (usually checks since they don’t offer online payment) and waiting (in some cases weeks) to cash the check, then assessing late fees. We know this because we are now sending our payments via certified mail. This is literally happening to 100s of homes in our community every month. Is there a required time to post payment? Should I report them to the AGs office?
You can try contacting the AGs office, but it is unlikely that the AG will do much concerning the situation. Your solution of using certified mail is a good one. Have you tried contacting the Board or Management Company to determine why payment processing is so slow?
October 2021 annual membership meeting, my board held an election for 4 open board seats. We have 205 properties in our POA. It is our boards policy to screen all candidates before placing anyone on the slate of candidates, and you are only allowed to vote if you show up to the annual meeting in person. About 30 property owners ever make the meeting. It’s not that they are ignorant of TPC 209, it is that they are willfully ignorant. I pointed out to the board the changes in TPC 209 about restrictions on members of the ACC. Our ACC consist of five members, one is also a board member and the other four are spouses of board members.
You are correct. TPC 209 states:
Sec. 209.00505.ARCHITECTURAL REVIEW AUTHORITY.
(a)In this section, “architectural review authority” means the governing authority for the review and approval of improvements within a subdivision.
(b)This section:
(1)applies only to a property owners ’ association that consists of more than 40 lots; and
(2)does not apply during a development period or during any period in which the declarant:
(A)appoints at least a majority of the members of the architectural review authority or otherwise controls the appointment of the architectural review authority; or
(B)has the right to veto or modify a decision of the architectural review authority.
(c)A person may not be appointed or elected to serve on an architectural review authority if the person is:
(1)a current board member;
(2)a current board member ’s spouse; or
(3)a person residing in a current board member ’s household.
Sec. 209.00591.BOARD MEMBERSHIP. (a)Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner ’s right to run for a position on the board of the property owners ’ association is void. Please read the rest of this section for further details concerning Board Membership
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have water damage on my condo, the association is aware and in fact sent out 2 companies for estimates. This has been going on for 8 months, they won’t answer my calls. I mailed a certified letter they signed for it, yet claim they never received it. I am at my wits end. Do I need to proceed with litigation?
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am interested in any actions a HOA has taken in regards to regulating or prohibiting short term rentals.
You would need to address your question directly to your HOA and what policies they have established concerning short term rentals.
Wouldn’t any ‘rules’ need to be stated in the governing documents of the HOA, as filed in the local county courthouse? Usually they are in the Deed Restrictions document because even if an HOA is abandoned, the deed restrictions ‘go with the land’, as they say in Texas law.
AS you may know, this issue was brought in a lawsuit that went to the Supreme Court. On May 25, 2018, the Texas Supreme Court, in a unanimous decision authored by Justice Brown, held that short-term rentals are NOT BARRED by the widespread, typical “residential use only” deed restrictions. Policies are definitely NOT sufficient. There are now more than a dozen lawsuits filed against HOAs which amended their CCRs to forbid short term rentals, i.e., the use of residentially zoned homes as a motel and some times used as “party house.” AirBnB et al are multi-million dollar businesses. The cost of their numerous lawsuits is just the cost of doing business but can be a hardship to HOAs. Our POA has a dozen or more CCRs for different areas. Getting an amendment to our CCRs will be difficult to say the least and may result in a lawsuit against us. I do not like the idea of these associations being able to regulate our property to the nth degree but short term rentals disrupt the neighborhood. These short term rentals are analogous to the so-called “Lemon Socialism,” where profits are privatized, and risks are socialized. The advantages of short-term rentals (i.e., increased income) are reaped by individual property owners, while the potential downsides are borne by the community as a whole.
What is the best ways, to deal with cyberbullying of fellow residents on our HOA FB page? Board of Directors are well aware of this bullying and sometimes participate in this bullying. I believe this is a violation of the target(s) legal rights to “Quiet Enjoyment” in the CC&R’s. I was thinking about complaining directly to HUD, but since the targets of the cyberbullying are not in a protected class, I don’t believe a complaint can be filed with HUD. Any legal channels or advice you could give would be very helpful. Of course since we have Director’s that either participate, ignore, or encourage the bullying, we also have selective enforcement of the CC&R’s, but that is a different battle.
Cyberbullying is a difficult issue to tackle. The first question to ask is the HOA FB run by the HOA or by members of the community? So the first question to answer is who are the FB admins. If the HOA FB is being operated by people other than the true HOA entity there may be little that you can do. But if it really is a HOA FB page run by the HOA or the management company, rules for posting on the site should be established to avoid the cyberbullying that you are experiencing. Rules like being “being kind and courteous”, “no hate speech or bullying”, “respect privacy” and etc. The FB admins need to remove those posts that do not follow the community rules. If there are people that constantly break the community rules, then they may be blocked from posting on the FB page. Yes, FB can be a valuable tool to a community but only if it is being used appropriately. HOAs have been successful in maintaining FB pages that are not full of drama but that takes diligence to review what is posted and when people complain to response to such complaints.
It is unlikely the HUD will do anything. It may be possible to make a report directly to FB to see if posts are in violation of FB’s standards.
**Disclaimer — this is not intended to be legal advice”
How HOA has refuse to fix our siding for years base on our race. It states in our by laws that they are in charge of mowing and all outside siding and repairs. To top it off we learn they are not update to date with the state of Texas HOA. All white owners are getting new sliding done to the townhouses in past a few years. But us color brown people get zero done to our house.
Thank you for contacting the Coalition. This is very hard topic to address due to the nature of the allegations that you are making. Our best advice is for you to contact Attorney David Kahne at his website website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA board decide to collect Fees $75 for so called exterior modication per item. Such as fences, paint, even to lay flag stones. Is that legal? And conducting by HO managements company.
Typically, HOA boards are given the right to create “special assessments” in order to cover the costs of project in the community. This is not uncommon but you will need to look at your governing documents to determine if your particular HOA was given the right to create “special assessments” and if there are any limitations on such assessments.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Check your bylaws and see what they say about public areas.
The courts look at the conditions and restrictions as a business contract. Along with the bylaws. TPC 209.0051 list 15 items a board cannot vote on without first placing it on an agenda for an open board meeting.
My experience is that my self manage board really doesn’t care what’s in the C&R, Bylaws or the Texas Property Code. However, this last legislative session, the legislature placed in TPC 209, the right of any property owner to sue in JP court for violating property protections granted in 209. Far less expensive than filing in district court.
Why are there not laws that say that a declarant owned HOA must be turned over to homeowners by a certain period? I live in a community where it is ran by the HOA President/developer for the last 18 years and it is a complete joke. There are no laws that protect the homeowners in this case. He has also written the bylaws that as long as he owns one lot, which he lives here, he remains the final say on anything the board does even if he doesn’t get re-elected to the board? Where are the homeowners rights and protections here? He also controls and runs the ACC as well. He’s a tyrant.
Thank you for contacting us. We understand your concern about a declarant who has maintained control over the HOA for what seems to be a long period of time. Your governing document will mainly control when the association is turned over from declarant control to homeowner control. One section of the Texas Property Code 209.00591(c), if your subdivision is subject to this sectgion, does provide some guidance as to the make up of the board.
This 209.00591 (c) states: “The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant or a builder in the business of constructing homes who purchased the lots from the declarant for the purpose of selling completed homes built on the lots, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded. ”
***Disclaimer: This is not intended to be legal advice. Each circumstance is unique. ***
Our HOA recently stated on an open meeting, the HOA Attorney informed them that for the last 40 pus years, no Board had authority to enforce deed restrictions because the developer never signed over the ASSUMPTION OF POWER. I did ask the President if the Board had no authority to enforce deed restrictions, then what gave the Board authority to collect maintenance fees. I requested a copy of the Attorneys opinion on this matter yet never received my request. I did find a QUIT CLAIM signed by the developer and the HOA.
Would the quit claim be the actual document where a developer turns over all authority to a HOA?
Thank you.
Typically, the time that the developer turns over the HOA to member control is defined either by the governing documents or within the Texas Property Code. Since an attorney has already been involved in this and rendered an opinion, we would suggest that you contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
In discovery documents related to civil suit was information I discovered about a real estate transaction at the expense of the association members. In October 2017 at an annual membership meeting outside of the approved agenda, the board president brought up concerns about an undeveloped section of our association. 40 members of 205 were present, no proxies or absentee ballots were allowed in the vote for board members. The board president had stated she received a call from an individual that had purchased the land and wanted to develop it, but didn’t want to be under our covenants. She proposed that the association sever ties with this section. What they did not tell everyone was that the association owned all common areas and roads in that section. The motion was changed to allow the board to vote on the severing of this section after consultation with association attorney. November through March there was no vote taken to sever ties and transfer real estate or was it placed on the agenda. March 2018, in a vote with out a special meeting of the membership was initiated by the board through the mailing of absentee ballots and proxies. The results of the election to remove this section from under the deed restrictions was never announced. May 31, 2018, the board president and treasurer filed in county records that the vote to sever ties was passed with at least 51% of property owners voting in favor. On that same day, a deed transfer was recorded stating that on October 17, 2018, the association membership vote to deed over all property owned by the association membership. This was factually false statement.
I know that an amendment of the Covenants and Restrictions requires 67% vote
I know that among the 15 items that a board cannot vote on without informing the owners is the sell of real estate.
I know that any person has a right to request a recount within 15 days of the vote or the announce of the vote which ever is the latter.
Approximately 30 acres were transferred with a value of approximately $300,000. In 2019 the board doubled the annual dues because of lack of funds.
In this paperwork I have discovered that at least since 2015 the board has not complied with any provisions of Tex. Prop. Code § 209.00593 Election of board members. The same election committee each year restricts access to members seeking to place their names on the slate of candidates for the board. They do not allow any votes outside of the annual membership meeting for the purpose of election board members, either by proxy or absentee ballot. They do not inform the owners of the slate of candidates for the board outside of the meeting. They do allow nominations from the floor.
I am concerned that this board is engaging in organized criminal activity.
Thanks for contacting the Coalition. You are correct, if your association falls under the Texas Property Code, the election process that is specified in the code needs to be followed. There are a lot of issues that you brought up that are beyond the Coalition. We are not attorneys. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Is it normal for HOA to store funds directly onto a lockbox to a bank that’s not even in Texas but Georgia ? Please let me know
Thank you for contacting us. In our opinion, this does seem strange for an HOA to store funds directly in a lockbox unless it is a small Petty Cash fund. All kinds of questions come to mind like: Why are they storing funds in a lockbox and what is the justification, How is the money being accounted for in the HOA ledger, Who has access to the lockbox, What processes are used to account for the money going in and coming out of the lockbox, etc? In our opinion, this is not appropriate. Even a small petty cash fund should have a structure around it as to how the funds are disbursed and how the fund is replenished.
I don’t know all the specifics but this is supposed to be the process:
1. Checks are mailed to a lockbox to prevent theft. The bank opens the lockbox each business day, accounts for the funds, and deposits them in the HOA bank account.
This is what you should ask your HOA.
We do agree, if the lockbox is solely to store the checks for security purposes and are directly deposited into the POA account then this would be a justified reason.
There is a dog being left outside In 44 degree weather in KB homes Sundance crossing. It cries all the time during the night or day. I contacted the police and they said they tried knocking on the door but no one answered so they can’t do much and also the weather isn’t like the winter storm in February. This dog is clawing at there back door constantly and crying out loud. He told me to contact HOA.
Thanks for contacting us. Your complaint is a common complaint whether someone lives within an HOA or not. Barking dogs can be a nuisance to the entire community. If you contact your HOA, what do you expect the HOA to do? Most likely the HOA can send a letter to the homeowner asking them to do something with the dog. Even if the HOA went to court over this, it would be several months or years before it is resolved. You stated that you contacted the police department, have you tried to contact animal control or the SPCA and see what options may be available there. These types of organizations are more equipped to deal with this situation than what an HOA can do.
Is there a way out of paying association fees if they do not offer any services (pool, tennis, basketball, etc) that we as homeonwers are meant to ahve by participating? so many houses have run down fences and loose dogs. The sidewwalks are destroyed and nothing is being done and there are no meetings under the excuse of covid which is ridiculous as its 2021 and it can be done virtually. What exactly am I even paying them for?
Thank you for contacting the Coalition. We know it can be frustrating to HOA member to pay dues when expected services within the community are not being done. However, the Coalition advises, whether or not the HOA is providing expected services or not that you pay your association fees/assessments. HOAs have been given the ability to foreclose on your home for non-payment of dues in a fairly speedy process. Do not lose your home over this. Pay your dues. As a member of the association, you have a right to see and request a copy of the financial reports to find out where the money is being spent.
HOA has allowed LLC to become inactive. What are the implications of that?
Honestly, we do not know the implications of the LLC becoming inactive on an HOA. Not all HOAs are LLC to start with but are registered organizations. Some HOAs are 501c4 tax exempt organizations and other are not. You need to contact someone who is more familiar with the implications, if any to your HOA.
If a board member has been denied the right to speak at a Members meeting pursuant to Texas Property Code Sec. 209.0051. OPEN BOARD MEETINGS. (c-2) A board meeting may be held by electronic or telephonic means provided that: (1) each board member may hear and be heard by every other board member: Should the meeting be terminated then?
You bring up an interesting aspect concerning meetings and the ability for Board members to speak. There are Boards where certain Board Members are prevented from speaking. One would think that Board Members should have the ability to voice their opinion during member meetings. With that being said, there is no automatic adjournment because a member is not given the ability to speak. Adjournment would need to be done via a motion and follow Robert’s Rules of Order. The Board Member may have the right to sue the HOA if they are not being given and opportunity to speak. But this is something that an attorney would need to advise on.
As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Where can I find HOA laws for Developer run POA? Assuming they have some differences in nonDeveloper run POA’s?
In general, the same statues that governing both Developer run POAs and non-Developer POAs. Some of the statues are applied equally. Other sections of the statues will have exceptions for Developer run POAs. In general, there are less statues covering developer run POAs.
Can HOA in Texas put a lien on your property solely due to fines or violations?
The short answer to this question is if your HOA has judgement against you concerning fines and violations the HOA can file a lien against your property. This is a common practice by some attorneys to ensure that the property records reflect that such judgement has been issued and to let general public know that if this property is sold, that there is an outstanding debt or violation that needs to be addressed at or before closing.
If you would like to consult an attorney about your particular situation, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
The property I reside has not emptied a construction dumpster since May 2021. The dumpster is overflowing and a filthy eyesight. I have contacted the HOA twice and basically have been told that there are two HOA governing entities and they both are denying responsibilities. I pay my dues and the emptying of the dumpsters on the property is included. I need help.
Your complaint about your HOA not fulfilling their duties is not an uncommon one. Whether it be not dealing with the dumpster, mowing common areas, maintaining amenities and etc complaints like these are very common. As for a suggested path forward, since both HOA entities are denying responsibility, the first thing to ask them is if they are not responsible then who is? If they are pointing fingers at each other, maybe you can help them find a common ground where each HOA entity pays half to get rid of the dumpster. If there is no resolution or the HOA entities don’t know who is responsible, we suggest that you contact Health and Human Services or the Sanitation department for where you live. Make the case that this is an unsanitary thing and needs to be dealt with. Provide them the information concerning which HOA entities you believe need to deal with this, the names and contact information along with the dates that you met with or spoke to these boards, who you spoke to and a summary of what was said. This will help the government agency understand the process the you went through to resolve the situation.
Thank you for guidance.
Here’s one for the ages. October 2019 our b.o.d. was given a letter from the mayor of Onalaska Texas. Saying that because our entrance street is a main traffic thoroughfare it now belongs to the city. Under the Texas bill of rights the only way they can get our street is by dedication of the members, disrepair, or by paying for it. To this day our b.o.d. has done nothing. I filed with the police department in February. The police chief did an investigation and interviewed our president he responded that the city could have the street. In order to dedicate a street the board needs 25 percent of the members to agree. Yet most members do not know that the city stole our street. Unless you have been to a meeting you were not informed. It’s my belief that our president and all officials of the city should be in jail. P.s. on the agenda I took this matter to the city council twice. They went silent and refused to reply.
Let me know what you all think
In our opinion, the Board and City should have been more upfront about what was going on with the street. There may not have been much the HOA could do. If the City needs a certain property for the betterment of the community, the City can exercise its right of eminent domain. The right of eminent domain will trump the DCR voting requirement to deed property to an entity. Most cities do not want to do this except as a last resort. Based on what you said, it sounds like the HOA wasn’t going to fight the City in taking over the property.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Is there a law that requires an HOA to follow their governing documents?
To our knowledge, there is no law that requires an HOA to follow their governing documents. There is a law that states that if there is a violation of the State Texas Property Code 209 then an owner in the subdivision can bring a lawsuit against the association to Justice Court (TPC 209.017). There have been laws proposed in the past to require Board Members to acknowledge that they have read and understood the governing documents for their association but these proposed laws were never passed.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
There’s not a specific law. But the governing documents are a contractual agreement between the Association and it’s members. Therefore you can file a case for breach of contract and even do so in small claims court as long as the amount is under $10,000.
I have filed twice against the HOA I was living in.
Great information. Thank you
We as a community have a bad and seemingly illegal situation. Our Board of Directors have refused to follow the governing documents. It is a condominium HOA. Their latest act is to refuse to step down by denying us of an election to elect new board member. The election was to be third Monday of October. The presidents two year term has expired, the treasurer has one more year on his term, and the third member has always been ignored but was appointed to fill a vacancy. There is some serious financial concern in the community. This BOD as currently constructed has made themselves responsible for next years budget and possibly a special assessment. This can’t be legal. I would like to halt all actions of this BOD until after we have a proper election. We can call a special meeting to remove the BOD and appoint a new one. It would require 51% of the owner and I think we have that. Can we block their activity? And, who in Dallas county can we turn to for help. The community is Turtle Lake Estates in Irving.
Unfortunately, the protections that have been given to HOAs that require elections for Board members when a term expires has not been extended to Condominium Owner Associations (COA). The Texas HOA Reform Coalition has support the extension of this provision as well as many other protections that HOAs have to COAs. In the 2023 Legislative Session, we plan to continue this on our platform until these protections are available to those in COAs.
Can you block their activity? That is a legal question, please contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA has had a contract with a local golf course (that is not linked to our neighborhoods) for many years now. It is up for renewal this year and the HOA plan to auto-renew the contract unless more than 51% vote to stop the renewal. The issue is that they are requiring the votes to be submitted on a website that only about 10-15% of the neighborhood is registered on. Can you advise if they can require voting this way as I thought a written poll should be acceptable as well. Thank you!
The question is the contract that is under consideration requires a vote of the entire membership or can the Board act on the contract without member approval. If this is just a normal contract where the Board has the authority to act on the contract without a vote of the membership, then the “informal” vote (poll) that they are taking is to get input from community that has shown an interest in Board activities. So for those who want a say on this, then they need to be registered on the site to have their voices heard.
If your governing documents require that a contract such as this requires member approval one would think that if only 10-15% of the subdivision is registered on a certain site that a Board would take this into consideration. Instead of providing this as the only means of voting, that a written ballot could be submitted or vote electronically via the site.
We just moved into our new home last October (2020). I built a flower garden in the front yard and have many potted plants. Just received a notice of “non-compliance” from the HOA for violating community law of “visible garden.”!!! Is this even legal to threaten a home-owner in his/her own property? Doesn’t the constitution guaranty certain rights to private properties? My question is – can I take any legal action against this tyranny and expect to win? Thanks
Thanks for contacting us. Your complaint is not uncommon. There are many rules and regulations that are agreed to when someone purchases a home in an HOA. Your home is not your home, the community controls what modifications and improvements you can do to it that are stricter than building regulations. These are the freedoms one gives up when living in an HOA
If you would like to see changes in any of the CCR’s or Bylaw’s of your HOA you do have recourse. Look over the governing documents of the HOA and you will probably find where homeowner’s can call for a special meeting and in that special meeting a Bylaw or CCR can be changed. It’s a higher standard for a change in CCR’s than Bylaws in every case I have dealt with.
The problem I see when people move into an HOA is that they never read the governing documents before they move in. That is like signing a contract without reading it.
I lived in an HOA for 12 years, was Treasurer and President. I am not an Attorney.
LoFH sent notice to remove garden pergola which has been on property over 4 years. Neighbor (1) across the street is the LoFH Treasurer. Picture attached to notice came from his second story window. Neighbor (2) adjacent to him has sent many notices about parking of our RV. Two years ago we hired an attorney and negotiated a 48 hour parking limit. All notices since then make no attempt to monitor time. We hired an attorney to send LoFH and both individuals a cease and desist letter. Neighbor (2) asked to discuss that letter in a closed executive board session. At the public September Board meeting when the Board was going to go into Executive Session I inquired how they would address the conflict of interest. The Board and Inframark Property Manager ignored the question and proceeded into Executive Session. Our Board does not allow Resident review of Minutes. After the Board approved September minutes at the October meeting and they were posted on the Association webiste, I reviewed the minutes. It does not mention my objection. The State of Texas does not have a public agency to receive complaints against HOA’s. What options should I consider for the November meeting?
According to Attorney David Kahne concerning the statue of limitation on deed restrictions, this question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
Our suggestion is that you request to have a meeting with the Board to discuss your situation directly. Any documentation that you have for the length of time that the pergola has been in place as well as any documents allowing you to park your RV bring with you as evidence of your position. Try to resolve this as neighbors first.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Some months ago, there was a by-law committee meeting of which I was a member. One of our proposals was to increase the terms of board members from 2 to 3. All four of us agreed. However, I requested information on how to bring this change to the board since our by-laws state that members can “amend or repeal” a bylaw. But there is no procedure. The board ratified all our proposals and filed them so that the 3 year term will be effective in at our annual meeting in a couple of months.
I requested that the board ask members to ratify the new terms at that meeting and the president has said there is no need since the board has already ratified. Our by-laws stated (7.07) that members can amend or repeal a by-law but does not provide any procedure to do so. I have no problem with the 3 year term but do have a problem with the board being able to unilaterally determine their own terms. I have submitted an amendment to 7.07 that would mandate any changes in the number of board members or the terms of office must be approved by the membership. Now I must appear before the board to discuss this amendment. Any suggestions on how I should proceed are very welcomed.
This is a common problem of HOAs where the Board can amend the bylaws without a vote of the membership. Typically, the governing documents cover what is needed to amend the bylaws. It sounds as if your bylaws are silent to the procedure. The first thing you can do since you have a bylaw committee is modify the bylaws stating that the Board cannot modify the bylaws or repeal bylaw(s) without a favorable vote of x% (typically this is 10 – 67% pending on the subdivision) of the membership. The procedure to change the bylaws then can be developed and placed in your governing documents.
It is very important that it is clearly stated that “the Board cannot modify the bylaws or repeal bylaw(s)”. This will prevent future Boards from making Bylaw changes without consent of the membership.
If your subdivision falls under Texas Property Code 209, then at a minimum the Board needs to consider the bylaw change in an open meeting that has been properly posted.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Thanks for your comments. The by-law committee finished its work and the board ratified everything, including a increase in the terms. I have now been told to appear before the board with a “change” which would require the board to have members vote on the terms and the size of the board and will ask for them to set up a procedure that allows us to vote on the bylaws.
My HOA denied my request for solar panels because they are “causing unreasonable discomfort or annoyance to persons of ordinary sensibilities”. My request for an appeal has been ignored. Can I take that as a de facto approval?
If your HOA is subject to Texas Property Code 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm the section 209.00505 requires that the Board hold an appeal hearing if you have requested one.
Also, Texas Property Code 202 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.202.htm may also come into play here. Section 202.010 Regulation of Solar Energy Devices where states: except as otherwise provided by Subsection (d), a property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from installing a solar energy device. Essentially, the HOA needs to provide a path for you to have solar panels and cannot prohibit them by saying “just because”. In section (d) it does provide the HOA the ability to have your solar panels removed if you do not get approval. Our suggestion is to work with your HOA in light of these requirements.
If you need or seek legal advice, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA misidentified a violation, so we called upon receipt of second notice and resolved the concern. However we then received a third notice and fine after resolution and the HOA refused to acknowledge the error or waive the fine after we both called and reported the error and had a BOD hearing. What if any recourse do we have? Should we pay the fine even though it shouldn’t have been assessed in the first place?
It seems that your HOA is being very unreasonable. In our opinion, they should just waive the fee. You contacted them that a mistake was made, they agreed but yet the situation wasn’t resolved and now you have a fine. Fines can escalate in costs as additional charges and fees are added.
At this point, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Take it to your precinct’s Justice of the peace file against the B.O.D. for failure to over see the deed violation was corrected in the assessment of the fine. But first send a certified return receipt requested letter explaining dates and how this infraction was corrected. Wait for a respond. I am not an attorney. Consult with one. Some are free and others generally less than $150.00
Our HOA just informed us that they intend to place their own speed cameras in the neighborhood, issuing speeding tickets of up to $335. It seems that the legality of this varies in other states’ HOA laws. I know that it’s prohibited for authorities to use speed cameras/red light cameras in Texas. Does anyone know if restrictions apply to an HOA trying to enforce this? It seems way beyond their remit.
In our opinion, is beyond what an HOA should be doing. It somewhat reminds us of the case in Florida where a Neighborhood Watch Committee member overstepped his bounds, see article https://www.cnn.com/2013/06/05/us/trayvon-martin-shooting-fast-facts/index.html How far can an POA reach in cases like this whether it is speeding, neighborhood watch and etc can lead to additional liability to the POA.
Governor Abbott in 2019 signed the red light camera ban into law https://www.dallasnews.com/news/politics/2019/06/03/gov-greg-abbott-signs-red-light-camera-ban-into-law/ How this exactly applies only to speeding is a debate as well as whether or not the HOA can fine for this. The ability for an HOA to fine for speed may be dependent upon if the roads in your subdivision are private or public.
Fundamentally, HOAs should stay out of police matters. The HOA can remind residents not to speed, request patrolling during periods when speeding is more prevalent, have “whats your speed signs installed” and so forth. A more appropriate solution would be for the HOA to hire off duty police officers to enforce speed limits.
With that said, your best option is to contact an attorney to determine what your rights are.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our Master HOA, Craig Ranch in McKinney TX approved their budget at the last board meeting but did not disclose that there would be raises to dues until I questioned them and then they said dues would go up 14%. This was on top of 10% last year and 7.5% the year before. I thought they had to inform up of the increase prior to the vote. They then sent out an email to the residents about events happening and buried in it the increase to dues. Now they’ve decided to hold their board meeting at 4pm instead of the usual 6pm.
If your HOA is governed by the Texas Property Code section 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm. Yes, there are some requirements, specifically section 209.0051 Open Board Meetings. In this section, it outlines certain votes that require an open meeting for consideration and a specific amount of time (144 hours) for the posting to be made before the meeting. Your governing documents may specify limits that the Board can increase the dues before a vote of the entire membership needs to be taken. As for the time of the meeting, check to see if your governing document specify a time that Board meetings need to be held at or no early than.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I bought the property. But the HOA had a lien against the previous owner .
I had nothing to do with that . I shouldn’t be responsible for that debt. So why didn’t the HOa put the lien in the new house of the last owner. ?
That lien should not be on my property that is unfair.
This does seem unfair and something that should have been resolved during closing such that any liens be paid off so that the title to your property was clear ownership to you. You may want to go back to the place that did your closing/title search and ask why these liens were not paid off as part of the closing on the sellers side.
Since there are legal aspects to this question, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Yes, it should have been settled through the closing process. The title company should have checked for liens on the home so you would have clear title.
The HOA should have issued a resale certificate on your home which is suppose to show what amounts are owed by/owed to, the seller and buyer. And that resale certificate should have shown these amounts. The Title Company should have made you aware of the resale certificate and asked for your approval before being put in the closing documents.
Texas Property Code Chapter 207 requires an HOA to provide disclosure. This disclosure/information is done through what is called a “resale certificate.
Here is a link to that resale certificate.
Click to access 37-5.pdf
Disclaimer: I am a previous President of an HOA, and not an Attorney. This should not be construed as legal advice
So in 2017 I filed a fair housing complaint against my HOA. In a current lawsuit discovery my HOA turned over documents from 2017. During the Fair Housing investigation, a board member, a retired Police Detective, paid for an extensive background investigation of me and all my family. Included in the investigation documents was my families SSN. Is this legal, to obtain and use someone’s SSN without their knowledge, and then to share it with the board members?
We completely understand your concern here. Especially with the number of folks who have had their identities stolen using information such as social security numbers (SSN). Even in the Texas State Statues, with respect to renters, there is allowed information for a POA to receive but one of those items that cannot be collected is SSNs. So one would think that members of a POA would be afforded the same consideration. However, since this is a legal question, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I was an trained investigator in the Air Force among many jobs. In the process of dealing with my homeowners association board, I discovered that since I moved here in 2015, the board has run a scheme whereby the same few are always elected to the board and they limit who can get their name on the slate of candidates, mostly the same 5 to six people over the past several years in violation of Texas Property Code 209.
I am in a lawsuit with the association to stop the taking of my home after the board engaged in malfeasance in to amend our covenants by collecting Proxies after the fact. The change was implemented to affect me.
I turned over what I learned about the election of board of directors, he amended our petition to the to the court and shared with the association attorney what we have learned. There has been nothing but crickets. Given that the property code states that any board members elected in violation of the statute is void, do we still have a board? If not, how does the association go about reestablishing the board. Also during the period that the board was invalid, the board sold about $600,000 in teal estate owned by the association without the proper notification in 209. Can the membership seek restitution?
Unfair election practices can occur in any HOA especially since HOAs make the rules governing the actual election itself. The is no unified election procedure for HOAs to follow. There is some aspects that are covered in the Texas Statutes like recounting votes, who can run for a Board position, how to handle ballots and etc. Your question is very specific to your subdivision and is a legal question, please contact Attorney David Kahne and post this question on his website https://texashoas.org/ at no charge.
Our hoa dictates everything that is within the fence of the homeowner that are invisible to the outside. For example, the HOA would not allow homeowner to switch out dying grass due to lack of sun (because of the proximity of the house next door, thus creating shade) to synthetic turf. Do you know of any potential solutions to this? Thank you so much!
Unfortunately, this is what life is like in an POA. When you purchased your house, you agreed to be bound by the governing documents and the associated restrictions, whether visible or invisible from public view. What you can do is try to formally request that you be allowed to put in synthetic turf by going through the normal processes. There are some new state statues, if applicable to your POA, Section 209.00505 where if your application is denied, the POA provides you with the reason for denial and provides you the ability to appeal to the Board. Maybe this is a way to have your issue heard by the Board to receive a variance to the current written rules. In most cases, the ARC committee cannot grant a variance, however the ARC may weigh in whether or not a variance should be granted. But the Board can grant variances.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Xeriscaping is a Texas law. Click on the link I am including. Texas law overrules HOA DCCRs. You are conserving water with artificial turf. Case closed.
Thanks! Would you include the link again? I might have missed it!
https://codes.findlaw.com/tx/property-code/prop-sect-202-007.html
My TX HOA has a bylaw that “regulates” who can be at my home if I am not there. This includes my blue ribbon 27 year old grandson who has 2 college degrees, is gainfully employed and has never been in trouble with the law. Furthermore I can’t employ a house or pet sitter if I am out-of-town. Has anyone ever heard of a restriction such as this?
This is the first time we have heard of any restrictions along these lines. Maybe we can get some input from those who follow this site and see if there are others that have similar restrictions.
I’m not sure about this. And I don’t have the time currently to dig intro it. But I did find a resource page that may help.
https://www.hopb.co/texas
-I’m not an Attorney, just a Previous President and Treasurer of an HOA
I want to know if there is a cap on fees that the hoa can charge?
Would love to discuss my issue.
Fees and fines are two issues that the HOA Reform Coalition of Texas has tried to put limits on in the past legislative sessions. Unfortunately, we have not been successful in creating hard limits in these areas. The Texas law uses the terminology “reasonable” when fees and fines are used. Therefore, fees and fines are currently controlled by the POA governing documents. Texas Property Code section 207.003(c) does have limits for the preparation of documents for a sale of a home https://statutes.capitol.texas.gov/Docs/PR/htm/PR.207.htm
The HOA Reform Coalition of Texas will continue to pursue limits on fees and fines since these can significantly burden homeowners.
Note: This is not legal advice.
All deed restriction violations in my subdivision is $1000.00
I just received a notice of violation for my trash cans being put out to early. My Trash Cans have been in the same place for 15 plus years (not kidding). Along with several other neighbors who store them in the same area. I’ve been told that they must be stored in the car port. There is no room in the car port due to a storage shed being built in years ago. Do I have any options? If this is correct, they haven’t enforced it in over a decade.
Your question is similar to the statue of limitations concerning the enforcement of DCR violations. From Attorney David Kahne’s website concerning this topic, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
If you desire additional legal advice since your situation is a bit different with an uncompleted project, we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org At the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What recourse do residents have if the board is not publishing minutes, meets in private and does not publish financial records other than a balance sheet.
There are no laws that require the POA to publish meeting minutes or financial records to homeowners. If there are any requirements along these lines, this guidance would need to be in the POA governing documents. If your POA is an HOA, and is covered under the Texas Property Code 209, there are specific ways homeowners’ can obtain records (Section 209.005) and meeting notice requirements (209.0051) https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Note: This is not legal advice
If the law meant it to apply to policy it would say so. It doesn’t. There are rules governing interpretation of laws. One is to interpret the lsse as written using the commonly accepted meaning of words. Google law interpretation and read up on the topic.
Don’t fight them unless they fine you with no meeting. Let them take you to court and that will resolve it. Arguing will just get your blood pressure rising.
See http://www.law.georgetown.edu>2018/12. It explains.
Note: This is not intended to be legal advice
Developer owned POA, collects dues to cover taxes/insurance on amenities, but has not paid those items in 3 years (per court records) but still reflects them as an expense paid on the brief (unauditable) statement provided. What remedy do property owners have on mishandling of funds such as this?
There is no specific remedy to the situation you describe. The best solution is to get a group of neighbors that share your concern and approach the developer with these specific questions.
I doubt the Attorney General would be interested…maybe your county attorney or DA…but they are usually buddies with the POA
In Sec. 209.0051 (h), it lists several items that must be considered or voted on in an open board meeting, namely “fines”. I recently learned from our management company that they think fines, as listed in that subsection, only refers to changes in fining policy and that actual fines against a homeowner are not required to be voted on by the board, as long as there is a fining policy in place for the management company to handle them. I didn’t think a policy could circumvent subsection (h). I’m just curious others take on this.
The Texas HOA Reform Coalition supports your interpretation of the statue. In our opinion, the Board can discuss in executive session the basis of the fine against the property owner. Just like the Board would discuss the foreclosure proceedings in executive session. However, the recorded vote to proceed with the assessed fine or similarly foreclosure would need to be during the open meeting portion of a meeting that was properly posted also per the statute. Even though there is a policy on the assessment of fines, the management company should not automatically assess such fines without the Board approving such action.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Look into Texas Deceptive Trade Practice Act even the insurance industry is afraid of this one.
Can my HOA force me to complete a project on my property that was started by the previous owner over 10 years ago? Their lawyers just sent me a Notice of Violation of Protective Covenants specifically for failure to complete construction of an improvement on my property.
Your question is similar to the statue of limitations concerning the enforcement of DCR violations. From Attorney David Kahne’s website concerning this topic, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
If you desire additional legal advice since your situation is a bit different with an uncompleted project, we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org At the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My final lien payment was paid May 4, 2021 via a law office and the HOA. It is now Sept. 21. I am told all fees have been paid. Nothing else is due. I have asked both entities in writing for my lien release. Neither has provided it. A month ago the HOA said it was signed and ready to be sent to the law office. I have received nothing. I have one lone low level contact at the HOA office. All other names are not public or findable online. We’re heading into the 6th month since I cleared this debt. I want to sell my house, but dare not get started. What leverage do I have to wrest this document from them immediately. Would it help to report them to the Attorney General’s office or some governing legal entity with teeth? Or are all those entities good ole boys club members?Thanks for your help.
The lack of response by a POA is a common complaint. There is not any oversight of POAs, so reporting them to the Attorney General or other organizations does not yield any substantial results. There are a few things you can do.
Since the lien and release should have been filed in the County Property records, you can go to your county property records and search the database to see if the release has been filed. Typically, there is a method within the County website that you can get a copy of the release, if you desire one.
The second way is to formally request a copy of the filed release through your POA using the methodology the Association has established for members to get copies of association records. This policy varies from association to association.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Thank you for your quick and helpful reaponse. I now know other ways I can check ststus.
As it turned out the day I wrote you, I also sent a red letter emphasized email to both the attorney and POA declaring the inexcusable 6 months of delays, where it was a month before and I WANT IT NOW.
Within an hour I had it via email. Not because my flaming words scorched them but because it so happened that its monthlong journey across town to a signature coincided with my declaration of war. And someone there decided to end it and send it rather than enjoy torturing me more and put up with my blasts that I made sure they believed were coming.
I am grateful for you and others for digging in to get this country out of the HOA prison. I won’t live to see their power dissolved, but I am here to help. Let me know when.
You can also check your County Records website to see if they filed the removal of the lien.
Search by the name of your HOA. If it’s there you can download a copy for a small fee. If it’s not there and you actually have documentation from your HOA showing that you fulfilled your debt obligation, you could also go ahead, out your house up for sale and the Title Company can clear the lien. If the HOA does not cooperate the Title Company usually has their own in house attorneys and they will take care of it.
I ran into a similar issue when selling my home and that is how the Title Company handled it.
Disclaimer: I am not an Attorney and this should not be construed as legal advice.
I have a Board that is not responding to emails / letters sent. They are being responded by the Property Management Company.
I have requested a copy of a check that was written to one of the Board Members for over $15,000. I have requested the documentation that backs up the check. I have been told I have to request through by submitting an open records request to view the all the receipts, contract and complete backup. Is this correct? If the Board wasn’t hiding something, why would they not share to eliminate any integrity issues?
If your POA is subject to Texas Property Code Sec. 209.005 ASSOCIATION RECORDS, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm there is an official way to request such records. If this code applies then your Association should have a policy on how to go through and request various records. You will need to refer and comply with your Association policy to obtain the records that you are seeking. If your association is not subjected to this code, then your governing document should have the mechanism for members to review the records of the association.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Are HOAs required to maintain minutes of ACC meetings where the ACC is separate from the board. Without documentation how may residents assured of consistent application of guidelines. Are these procedures part of HOA books and records?
It would be a best practice for a HOA to keep meeting notes of all committees, especially those that have decision making authority. However, whether or not this is required is dependent upon the requirements of your specific community and what the governing documents specify that the HOA is required to do. An HOA can update their policies and bylaws to required that these types of minutes are kept.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I bought my house (new build) in August of 2018. I have a 3 car garage with 3 vehicles inside. My garage is behind the house and backs up right to the alley. There is no driveway. I have a 4th vehicle, which I have always parked on the public street right outside of my house (corner house) where I can see the vehicle through both my kitchen and bedroom windows. After 3 years of parking on this street, I just received a notice from the HOA on 08/30/21 that states: “Violation: Street Parking – Parking of vehicle(s) in the street is not allowed and must be parked in driveway or garage only.”
Vehicles are parked throughout the streets in our community (not a gated community, all public roads) and so far I am the only one to receive this notice. Is this legal? Can I request some form of proof from the HOA that they have the authority from the city to ban parking on public streets?
This is a problem in many HOAs. Can a HOA enforce restrictions on public streets within the HOA? This type of question has been posted on various Facebook and Nextdoor sites.
There are two schools of thought on this topic. (1) It’s a pubic street, so the POA cannot enforce restrictions. (2) A person can waive rights when moving into a HOA, and may have done so, depending on the deed restrictions.
The Texas HOA Reform Coalition experience when dealing with this issue within their own HOA was the subdivision attorney advised that the HOA does not have the right to enforce parking on public streets. Just like the HOA cannot enforce speeding on the public streets. If there are parking violations occurring that are covered with the city ordinances, junk vehicles, parking for greater than x hours, then the HOA can call the city to enforce those parking restrictions or the HOA can request that the city post signs that no overnight parking is allowed.
Since you mention that others are parking on the street and not being bothered you should question why are you being singled out (selective enforcement) You do have the ability to question the authority of the HOA to enforce parking restrictions against homeowners.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am a disabled Vet that is trying to take care of my wife that is 100% disable and my Veteran Daughter who is also 100% disabled. I have tried to work with the HOA to allow us a variance to put up a privacy fence and have been denied 3 times. The developer maintain control of the HOA until January of this year in violation of when the HOA should have been formed. He gave a variance to my neighbors in January to put up privacy fence right before he formed the HOA board. The HOA is now trying to levy fines against us because we put up a fence that meet our needs. What we requested for the third time was denied and what they told us we could have did not meet out needs. Also, They also put up requirements that the neighbors did not have to meet.
We informed the HOA that the VA was providing this and need a response asap. I have a chain of emails and by the dates you can see the HOA trying to drag this out so the VA funds would run out before we could get approval.
We are looking for some assistance to make the HOA provide reasonable accommodation for us. Because both my wife and daughter uses the pool for physical therapy we do not want the world see them struggle to get in and out of the pool as well as the neighbors being able to look into my daughters bedroom windows and the master bedroom and bathroom.
Any help you can provide is greatly appreciated.
Thank you for contacting the HOA Reform Coalition of Texas. As I am not an attorney, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
Also, HB3571, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/HB03571F.pdf#navpanes=0, was pass June, 2021. This Bill addresses a common complaint that associations refuse to let owners protect themselves and their property, new Property Code § 209.007 confirms owners can have security cameras, motion detectors, perimeter fences, or other security measures on their own property. Associations can, still, regulate the type of fencing. This may be useful if your subdivision falls under this section of the Texas Property Code. Again, you should discuss this with an attorney.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Are Property Managers to lead Board Meetings? The president of our HOA Board, turns the meetings over to the Property Managers to lead the meetings.
There is nothing wrong for the President to delegate who leads the meetings unless there is something in your governing documents that prevents the President from delegating this task.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What rights do homeowners if the By-Laws require two signatures for check issued over $5K but did not have two signatures when presented for payment. We currently have three (3) checks issued, $60K, $33K and $15K and all only have one signature. Also, the check for $15K was made out to a board member individually.
Transparency of a POA is very important. When irregularities or perceived irregularities occur the trust in the Board is shaken. The Coalition has been working to increase the transparency of POAs throughout the state. We have a lot of work still to be done in this area.
The problem that you refer to is local to your POA since governing documents are different from POA to POA. Fundamentally, this is should be a financial audit finding if the POA is required to have checks over a certain amount with two signatures per the bylaws. So has your POA done a financial audit? If so, what were the findings? Was this issue concerning the number of signatures on a check identified as a deficiency? What is the plan by the board to prevent this from happening in the future? If no audit has been done, the POA may want to start to conducts such audits on a routine basis to ensure these types of problems don’t occur or are identified an addressed.
If embezzlement can be proven then you need to contact an attorney for legal advice.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My property is subject to two property owners’ associations, one the usual hoa, the other maintains local greenbelt trails. (Harris County, TX)
I have been a director of the first for several years.
In May I attained directorship in the trails association
Having questions about the then current board members, the length of their terms of office, at which annual meeting each was elected or if not elected, at which regular meeting were they appointed, and how it came to be that two cohabitating married individuals were both on the board, I directed those questions to the management company.
IMO the information requested is available and may not be sequestered. Yet, to date (two months approx) the management company has neither provided an answer nor has it explained why it has not.
Comments and suggestions appreciated. I am ready to take these clowns to JP Court in an effort to keep them honest.
And yes, even though I am now a director of the association I cannot get the info requested.
You are asking a complicated question which we have not addressed before. We suggest that you contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
The governing documents of the greenbelt trails should specify the Board Terms and how each are to be elected. How this particular POA is governed by the Texas Property Code is unknown to us but an attorney should be able to guide you through this.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA has new leadership and has begun enforcing restrictions on yard art that I inherited from the previous owner. For 13 years I hear nothing from them, and then all of a sudden, here come the letters. Is there a statute of limitations beyond which an HOA can no longer enforce a restriction? I’ve heard it’s four years in Texas but I’m looking for confirmation.
Thank you for contacting the HOA Reform Coalition of Texas. We believe that there should be a limitation on unenforced restrictions that have been allowed to exists for years without any complaints by the HOA. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
UPDATE:
Per Attorney David Kahne’s website, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Looking for a precedent. My HOA board has been working hard these past few years to keep me off the Board. I think they are playing fast and loose with election laws, and the guidelines set in our by-laws which state “one-tenth of the vote” is require to establish a voting quorum and hold an election.
Recently we had two seats up for election, each household in the neighborhood could vote twice. Many people only voted for one candidate on the proxy form they mailed in. The Board tried to declare that the “one-tenth” required in our by-laws referred to the proxy form, not the number of votes tallied on them. I have no idea if they count two forms, one with two votes, and the other with one as only two votes, instead of three.
I have little doubt my Board was trying to get around the rules, but can anybody tell me of a legal precedent, clearing up this matter?
You will need to refer to your governing documents as to how a quorum is established. Typically, a quorum is based on the number of lots in a subdivision. So you need 10% of the lots to be accounted for, whether in person or by proxy, to have a quorum for a meeting. If your subdivision is subject to the Texas Property Code 209 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm, two sections may be of interest to you, Sec. 209.00592. VOTING; QUORUM and Sec. 209.00593. ELECTION OF BOARD MEMBERS, In the second section, there is a provision (b) for a Board to amend the bylaws by reducing the quorum requirement for elections only to ensure that a Board member is elected at the meeting.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I moved into my home 13 years ago. At that time there was a 2′ high wooden decorative bridge in my front yard. The HOA never said anything about it until last June when they told me it had to be removed since it was unauthorized lawn art. Can they do this? Is there a statute of limitations that would prevent it? After 13 years, this action seems arbitrary and capricious.
There should be a limitation on how long “unauthorized lawn art” exists where the HOA has not enforced or requested its removal for over a decade. At this point the “lawn art” has become part of the existing neighborhood. Since this requires a legal opinion, we suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
UPDATE:
Per Attorney David Kahne’s website, https://texashoas.org/faqs/:
This question gets asked frequently, but does not have an easy, clear answer.
With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.
There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.
There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.
There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hello, we just had an election in our lake community a Cedar Creek lake and I’m finding the current board is in violation of Texas Property Code 209.00594. There were 4 of 7 positions coming up for a vote and the 4 incumbents all counted the ballots instead of a neutral third party. Also, the board chair who was also running to be re-elected had the community send their ballots to her direct board email address. Not only does this violate Texas law, but it is also extremely shady. We finally received the vote tally 4 days later, with no witnesses to the vote counting. They could have thrown out votes or made up new ballots for all we know. Is there any consequence to a board that does not conduct election vote tallying according to Texas Property Code?
There are procedures in the Texas Property Code 209, Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. on how elections are to be conducted. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm You will need to verify that your community falls under this section of the Property Code. There is a new law in the 209 property code that will be going into effect starting September 1, 2021 New Section 209.017 Takes A Step Toward Use Of Justice Courts To Facilitate Dispute Resolution (SB 1588, §21) New section 209.017 confirms that owners can sue in small claims court for violations by the association. Seeing that your election was before this date, you will need to consult an attorney to see if pass actions that a violation of the Property Code can be brought to court under this new law. As a suggestion, you can contact Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Yes if you can get as many concerned members as possible and file the your local J.P. court. The board of directors must abide by the doctorial instruments (by-laws & restrictions
Our HOA phone number never rings, no voicemail, they never answer emails through the website, but they send out letters and fees and fines all the time. I’m currently being fined for several items that they “take pictures” of without any time stamp or anything. How do I get a hold of someone? The website doesn’t have any contacts or board members listed except for the treasurer. They have a file in the documents from 2018, but in the manual says the terms are for 1 year? I’m so confused, I hadn’t had any problems until recently when they started charging me fines for my grass when I have it cut by an actual Lawn company, they send photos saying it hasn’t been cut?
It can be frustrating when an HOA does not respond or for that matter makes it difficult for you to contact them. Here are a few suggestions for you that could work.
First, see if you can attend an HOA Board meeting so that you can discuss the issues that you are having. There are requirements for some HOAs that are subject to Chapter 209 of the property code to give notice of the meetings. Since you have contact information for the Treasurer maybe they can help you get on the agenda.
Another idea is to send a registered-return receipt letter to the HOA requesting a meeting concerning these various issues. There must be some return address on the letters that you are getting from the HOA. In the letter request that you would like to meet with the Board and the management company in-person or a Zoom meeting. Mention the difficulties that you are having in contacting them and the various ways you have tried to contact them in order to resolve these issues. Also consider sending an identical letter in regular mail. The return-receipt will provide documentation that the HOA received your letter in the mail.
If a management company is involved and it is convenient, go in person to the management companies address and see if you can talk to your property manager to resolve this.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our President term is up, but he refuse to step down and our management service has decided not to enforce that by-law. Who is required to make him acknowledge our by-laws section 5.02? Our management team or us the members?
Your question has legal undertones pending on the entire situation. The management company is hired by the Board and works for the Board. When enforcement or interpretation of a bylaw or restriction is required, the Board with the assistance of the subdivision attorney may provide clarification. The management company may execute the enforcement but it is instructed by the board to do so. If there is a question about enforcement against a board member, it may take the other members of the community to speak up.
Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA does not keep or share minutes for the ACC. They frequently make exceptions to the CCRs and no record is available to understand the rationally.
Our ACC is separate from the board so don’t the same open meeting requirements apply so there is transparency?
You raise an intriguing question. Are the ACC document considered official documents of the HOA and therefore required to be kept and accessible if a member requests them? There are some Texas Laws that cover access to records and how to go about requesting such documents. But we do not have an answer for this question. We suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
My HOA has issued an assessment of $79 to every homeowner in addition to the $495 annual dues. There is very little the HOA offers our community and we are a community outside of city limits. An ETJ actually. I already have a very good security system on my home with cameras and do not feel the need for a community wide system in common areas. The intent is to help with the increase of crime, but we also already pay for a designated patrol contract through our water board (MUDD) with the Constables Office. What options do I have to be exempt from this assessment or have the program shut down?
You can check into your governing documents to determine if you HOA can assess special assessments and any restrictions associated with these types of restrictions. Most HOAs do have this right to establish special assessments on an as needed basis. As part of a HOA community it may be difficult for you to be exempt from the assessment. All homeowners share in the burden for the costs associated with the subdivision. Although this may seem unfair or not needed, your board has decided to move forward with this assessment. This is one of the problems of living in a deed restricted property.
Finally we can have needed the reform of the hoA laws for a very long time! We have tried to keep our HOA accountable and with the current situation we had a very difficult situation once we removed the President of our HOA for horrific abusive physical and verbal discrimination and paid numerous fines and fees without any knowledge of we removed her via emergency meeting voted her off the board and under the cover of darkness during the Covid outbreak and a freeze she resurfaced by proxy and numerous rescheduling and supposed changes of venues and dates for our annual board meeting-
she became reelected as my husband was undergoing chemo and I was unable to attend a meeting in which we had no prior time to prepare for or even knowledge existing as it was sent out via mail chimp which as you well know goes to most of our spam anyone in the legal industry or in a corporate office knows that mail chimp information should never be used to send out a meeting information as you rescheduled a annual meeting and change the dates times so many different times it was impossible for me to keep up with while at the hospital and no cell reception after coming home from the hospital undergoing several trips to my husband‘s chemo treatment seem to be daily four months we discovered ones on the board more removed and the tenants who had no knowledge of her previous charges for discrimination and misappropriation of funds twice we paid legal fees under the disguise of HOA special assessments after we discovered thatWe contacted our own attorney and several inspectors and City Of Houston
FEMA and now we have a new law passed to prevent the abuse from proceeding any further finally a law that will remove her and put her out for good as I cannot thank you enough four making it easier for those of us who live in a community that we love and members and homeowners for 20+ years only to be assaulted verbally and physically by a dictator disguised as a president once again but this time This time we have a law preventing it and those who choose to continue supporting her will also be held accountable thank God where are our government passing a new law HOA abuse never again!
.
Thank you for the kind note. The HOA Reform Coalition, supporters and Representatives worked very hard to have this new legislation passed in SB1588. It is the first step in the process.
If she resurfaced by Proxy and those Proxy Voters were either herself and/or members of her family, that is in violation of the Property Code. .
“Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. (a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners’ association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.”
She would be in violation of this section since she and/or family members within the above definition were given access to a ballot that was cast. Since they were the one’s casting them. So once they voted for that ballot and turned in that ballot there were in possession of a cast ballot.
Disclaimer: I am not an Attorney. This is the way I interpret the Section, and how we ran our elections while I was President of an HOA here in Texas.
Sam Madden
Garland, TX
As a resident of an HOA in Texas, I’d like to hear how other HOAs have handled installation of Google Fiber and how they address changes to “common areas” in the HOA community.
Recently, the HOA board of directors for my gated community received a request from Google for an access agreement to install Google Fiber in the community. This service would give all homeowners in the community an option to subscribe to Google Fiber services. To install the fiber optic cables, Google must dig trenches in the streets and run the fiber in long tubes under the surface of the streets.
Because the HOA bylaws designate the streets in the community as common areas, the HOA must conduct a vote of homeowners and obtain a 2/3 consensus to allow Google to install the fiber in the streets. The bylaws also designate the front entry area and an undeveloped park area as common areas. My concern is the HOA Board has implemented changes to the undeveloped park area without a vote of homeowners yet now requires a vote on the Google Fiber issue.
The changes to the park area included installation of wrought iron fencing and a gate with a keypad lock. The HOA board contends the fence and secured gate to the park are needed for security reasons and to protect wildlife in the area. The board also installed a small shed in the park area to hold equipment and holiday decorations.
The HOA board did not conduct a homeowner vote on the enhancements to the park area yet now requires a homeowner vote on the agreement with Google Fiber. To complicate matters further, two of the board members who advocated for the new fence and gate for the park area live very near the park and would likely benefit most from the improvements. On the other hand, the Google Fiber service, if approved, would benefit the entire community.
It seems the HOA board has a different set of rules for changes to common areas depending on the type of change required. One board member is concerned that Google will damage the streets and will not fix the streets if problems occur in the future. Can you offer any advice to help me address this issue with the board? Also, I’m interested in hearing how other HOA gated communities that designate their streets as private have handled issues with Google Fiber.
In this situation there is a difference in the type of improvements and which entity is doing the improvements. The improvements being done by the HOA on HOA common areas is typically within the power of the board to approve or disapprove pending on any restrictions within your governing documents. The projects that you indicate, fence/gate and small shed are typical project that an HOA board can approve without membership approval.
The second entity you are referring to is Google Fiber. If Google Fiber, external entity that has no rights to HOA common property, is asking for an easement to install the fiber lines then this can be seen as a property transfer requiring the 2/3 vote of the entire membership. Whether this vote is required is specified in your governing documents.
If you have questions about the easement or property transfer, you should consult an attorney about your subdivision requirements to do this appropriately. This post is not to be considered legal advice.
Maybe other subdivisions that have done this could respond to this post and indicate how they handled it.
The CCRs for our HOA do grant them the power to approve exterior paint color. However, they have rejected our request by saying the colors are “not harmonious” with the existing color scheme (even though the colors we submitted are already in use throughout the subdivision). My question is: can they deny using such vague language, without any concrete guidelines or color palette? Also, the CCRs do not provide for any fines beyond a couple of specific instances unrelated to exterior painting. Is there somewhere else besides the CCRs where they can get the power to fine homeowners?
Selective enforcement of restrictions or approval of ARC applications is a difficult problem to resolve. This is a complaint that is received quite a bit. The best suggestion would be to ask for a hearing with the Board of Directors and show them examples within the subdivision where the color that you chose is being already used in the subdivision.
Starting September 1, 2021 a new law will go into effect, SB1588. Major Changes Protect Owners at ACC Hearings (SB 1588 §11) For subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I currently have one issue with a board member who refuses to send me updates, quarterly minutes and won’t send me anything, I have to rely on other home owners to get updates, I have complain to the President and she is I believe afraid of this guy…. it keeps happening and its just a guy who is vindictive and bully… he is mad because I alway find things that are not kepted up or annouced.. but refusing to send a homeowner who is current on dues and etc.. there should not be any problems.. but there it is, this is just general updates so we get nothing…
The HOA Reform Coalition of Texas supports transparency not only for the membership but also those who may be considering to buy within a POA. For several years we have been advocating for more POA transparency and making the process of obtaining such information less burdensome for the requestor. We have more work to do in this area and plan on pursuing this in future legislation.
(Disclaimer: I am not an Attorney. So this should not be construed as legal advice. I was President of an HOA and prior to that had a lot of issues with a corrupt HOA Board)
You may try this. Any communication with the board and/or its members should always be done by certified/return receipt mail. So you have proof of the correspondence and that they did receive it. So under the following section of the Property Code regulating HOA’s you could request that the notices be sent to you. And if the request is not honored, I believe the current fine if you would decide to take the HOA to court is $500, but with the new laws is going up to $5,000 as of September 1st.
“Sec. 209.005. ASSOCIATION RECORDS
(c) Notwithstanding a provision in a dedicatory instrument, a property owners’ association shall make the books and records of the association, including financial records, open to and reasonably available for examination by an owner, or a person designated in a writing signed by the owner as the owner’s agent, attorney, or certified public accountant, in accordance with this section. An owner is entitled to obtain from the association copies of information contained in the books and records.
(1) if an inspection is requested, the association, on or before the 10th business day after the date the association receives the request, shall send written notice of dates during normal business hours that the owner may inspect the requested books and records to the extent those books and records are in the possession, custody, or control of the association; or
(2) if copies of identified books and records are requested, the association shall, to the extent those books and records are in the possession, custody, or control of the association, produce the requested books and records for the requesting party on or before the 10th business day after the date the association receives the request, except as otherwise provided by this section.
Sam Madden
Garland, TX
It’s more a question, I live in a POA that put an above ground pool in is this legal. Plus want to charge a dollar a person.
Whether or not an above ground pool is allowed or not is dependent upon what is written in your governing documents. Some POA do not allow above ground pools other do. So this varies between POA and POA.
Hello,
My husband and I own property out in Cedarcreek Texas, we are selling.our land. The title company and our realtor have tried to reach the members of our Poa and still no response. We have been trying to contact them for 40 days now, per our realtor there is some important paperwork the Poa must fill before we sell. Is there an organization that can help us?
The Texas Real Estate Commission may be able to help you or give you a referral https://www.trec.texas.gov/
We finally had our annual meeting yesterday, August 3, 2021 to elect three new Directors. There was alleged lack of Quorum in January and the 3 existing BOD (two had quit) were petitioned by a member to announce a new date which they finally did.
There was a final vote tallied by the community manager who works for Real Manage however there was some surprised members at the outcome of the vote. There was no oversight in the tallying process and my question is how do members know it was done fairly?
Can a CPA recount the ballots/proxies?
If your POA is governed under the Texas Property Code 209, there is section 209.0057 which specifies the procedure on how to conduct a recount. https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Does an HOA have the legal right to deny the installation of a light pole inside the homeowner’s lot? The homeowner is willing to pay for the installation and monthly fee for the power company. The reason for this request is that the community at night is pitch black and the homeowner is a senior citizen (76) and lives by herself. The homeowner checked the HOA documents and nothing shows that installation of a light pole cannot be authorized. In addition, this homeowner has never received notice for a community meeting. The only communication is to ask for the HOA payment and for the request of the annual financial report. Please advise. Thank you!
As you mentioned, the governing documents cover what is allowed and not allowed within a subdivision. However, sometimes there are general statements that are made in these documents that essentially requires any external change to a property to have approval by an HOA. Starting September 1, 2021 a new law will be going into effect that may help this situation.
Major Changes Protect Owners at ACC Hearings (SB 1588 §11)
For subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I questioned my HOA because they were not bidding contracts and instead, assigning them to family and friends. When I questioned them, I was told that I had, “no class” before being told to go “F” myself by a board member. I asked for his resignation, or that the HOA remove him from position, and no action was taken.
At the next meeting, I was accused of “bullying” the board.
What recourse do I have?
Your complaint is quite common and sympathize with you. We are not attorney’s therefore your best course of action is to obtain legal advice. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA violated the agenda of a recent membership meeting called by the board president to amend the Covenants. The agenda called for announcement of the election results prior to the close of the meeting. But they didn’t have the votes, so the board president ran off all the membership and took the next 14 days to gather the votes they needed. They stated the purpose of the vote was to combine two docs together in their entirety and add a table of contents. However, there was no mention that they were removing two provisions, which specifically affected me. One was the exemption of tax exempt properties which as Tex Vet I qualified for. I took this exemption after I was targeted by the board president for retaliation from a fair housing complaint. The Fair Housing Complaint was filed after the board refused to respond to my reasonable request that they provide descriptions of my violations. They refused to respond. Definition of Assessments in C&R’s included fines, legal fees, and liens. April of 2021 my board through their attorney Mr Cagle filed in district court to foreclose on our home for $345 in unpaid assessments. We used our settlement from the Veterans Administration to purchase this home, now we risk losing our home to board members engaged in criminal activity.
Thank you for contacting the HOA Reform Coalition of Texas. We are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
Our POA was not registered and in good standing with the county clerk’s office but still increased assessments without the required amount of property owners voting (quorum)..then they filed numerous (42) liens against property owners not agreeing with these unlawful new assessments.
We are sorry to hear about your situation. Unfortunately this is a common issue. HOA Reform Coalition believes that POA Board have too many powers. We have supported legislation that would regulate the ability for POAs to foreclose, limit attorney fees and hold Board Members accountable for their actions that are not in alignment with governing documents or state statues. If you want specific legal advice, you could visit https://texashoas.org/.
Chapter 202 of the Texas Property Code states that no document is enforceable unless filed with the county clerk.
They are bullying you.
Since April 2009, I have lived in a rural Texas lakeside subdivision with CC and Rs and a homeowner association group that has never legally incorporated. The group’s leadership at that time I moved here made clear to homeowners that they were a voluntary association. Their group did not have bylaws, just a Common Area Property Use, and Restriction document. April 6, 2018, I sent an email to the chairman, cc’d to the treasurer to opt-out of their group, stopped paying dues, and forfeited my use of the common area per the rule in the document. My decision to opt out of the group was because they were proposing a project that was not required by any city or county ordinances and wanted to increase our water bills for three years to pay for it. Their leadership at the time was not able to comprehend that they were not a legal entity and did not have the authority to even consider the project. Also, enforcement of CC and Rs had been spotty to non-existent to board officers blatantly violating them. Their new president knocked on my door on 7/17/2021 and stated that their membership and dues were mandatory and were designated so by the Sabine River Authority. The common area does have a leaseback contract. He also indicated that their maintenance scope now included a fence that was put up by the builder that extends across a few owner’s properties and street repairs. There is nothing in the CC and Rs about maintaining the fence or the streets. The group still has not filed articles of incorporation. But for whatever reason, they now seem to think the Sabine River Authority has granted them magical legal powers because the contract lists their name as “Sunset Shores Land Owner Association.” The president also mentioned that they do now have bylaws however did not provide me with a copy, just handed me a dues notice. They are misrepresenting the status of the association to collect dues.
What is my legal recourse?
We are an advocacy organization and are not qualified to give you legal advice. This situation requires specific legal advice by an attorney. You may want to visit https://texashoas.org.
Chapter 202 of the Texas Property Code states that no document is enforceable unless filed with the county clerk. As the Sabine River Authority is below the State of Texas in the government structure, Texas law takes precedence over SBRA.
They are bullying you.
How do I get a copy of all the new Texas HOA laws that are going into effect in July and September of 2021?
Here is a nice summary of the laws going into effect with the links below. Although there were several bills presented, SB1588 incorporated many of these bills into one document. Most of these bills go into effect September, 2021. Religious freedom was in effect immediately after the governors signature. There are section of SB1588 that go into effect at the end of the year, this is associated with registration of POAs with the Texas Real Estate Commission.
https://www.click2houston.com/news/local/2021/06/29/new-laws-target-abusive-homeowners-associations/?outputType=amp
https://texashoas.org/overview-of-new-laws-in-2021/
SB1588 – https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB1588
SB318 – https://capitol.texas.gov/BillLookup/History.aspx?LegSess=87R&Bill=SB318
Our POA is not posting current financials or meeting minutes. I have requested multiple times with no results. What are my options?
The best way to do this is by requesting the information in writing. Here is a link on Attorney David Kahne’s website http://texashoas.abouthoas.org/homeowners-have-rights-to-get-important-documents/.
If your POA is subject to the Texas Property Code 209 here is a link to the statue https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
**Disclaimer – Everyone’s situation is different and this is not legal advice**
There was a misunderstanding about how my fees were to be paid. The HOA got lawyers involved and now say I have to pay $7,200 in attorney fees for a $1,500 missed HOA fee. Can the HOA do this? We need some advice in how to deal with these HOA critters.
We honestly thought that our fees were paid thru our house payments. We have owned our house for 3 years. First time home owners in our 60’s. We have explained this to them but no consideration was given. Please help!
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges,
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Q: There was a misunderstanding about how my fees were to be paid. The HOA got lawyers involved and now say I have to pay $7,200 in attorney fees for a $1,500 missed HOA fee. Can the HOA do this? We need some advice in how to deal with these HOA critters.
Check your state’s property codes. In Texas, HOA/POA has to allow some kind of payment plan if the fees are correct. You may also have the right to appear before your board to appeal. That info would be in your covenant/deed restriction documents. This thing about “getting a lawyer involved” sounds suspicious. Depending on how big your HOA/POA is, they might already have a lawyer on retainer. They surely would if you have a management company. If that’s the case, they may be arbitrarily tacking on fees, but you’ll have to read your community documents to see what they are allowed to do. But also your state’s property code w regard to HOA/POA’s. You might try reaching out to a lawyer too via the state bar assoc. They can help w free legal advice.
Just recently in March we had a new Board of Directors elected. The resumes were not sent out to the residence and then the results of the elections were not given to the homeowners either. What can be done to make this Board of Directors be more open to the residents that live here?
If your POA is subject to the Texas Property Code 209, https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm, there are requirements for the Board to announce Board Meetings and Annual Meeting. SB1588 will go into effect on September 1, 2021 which will have added requirements as well as a law that allows the membership to take Board members to court for not following the Texas Property Code https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0
I am being charged assessments yearly during this Pandemic while services are being neglected
The problem with subdivisions neglecting services has arisen even before COVID. Although there have been moratoriums on rents due to the Pandemic, there has been no legislation to place moratoriums on POA assessments. Although you feel that services are being neglected, we strongly recommend that you pay your assessments. The POA has the foreclosure power that can be very swift.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA restricts fences to 36 inches. In light of the new law Security Measures- Section 4 of SB1588 which allows residents to put up fences for SECURITY PURPOSES, 36 inches isn’t really secure. Can they still limit fence height to 36 inches? I want to do a 40-48 inch fence.
Section 4 of SB1588 is new and goes into effect on September 1, 2021. The POA can regulate the type of perimeter fencing that is installed for security purposes. SB1588 is silent concerning the height. Because this law is so new, we don’t know what subdivisions will do. But the HOA reform agrees with you, that a fence with height limitation of 36” does not provide security.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our Property Owners Association Board of Directors decided to charge members $125 annually for an “amenities key ” that will unlock both gates to our 2 amenities- a swimming pool at one, and ball courts on a 3 acre lakefront area with private lake access. What I believe is discriminatory is they decided to charge $250 for residents who have long term leases, while charging nothing for the short term visitors who rent a vacation “home” for a few days. Part of the problem is that the president owns a STR that is contiguous with the lakefront amenity.
They did not discuss this during any open meeting. I questioned them numerous times about when that was decided since it was not in the minutes.. They apparently discussed it privately and then they voted by email. After the email voting was disclosed. they hurriedly voted it in at a regular (Zoom) meeting.
They refuse to treat LTR residents fairly because they are charged twice the fee, while they give STR vacationers free use of our amenities.
The situation that you describe does seem unfair. However, living in a POA allows the Board to modify fees and assessments as long as these are within the governing documents. It is not uncommon to see different sections within a POA being charged different rates. If you would like to ask an attorney his opinion of the situation, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What can I do if a poa board member breaks the nda they signed ,
A board member told a nonresident of our neighborhood about my poa dues being behind among other things about my personal info
Thank you for contacting the HOA Reform Coalition of Texas. Your question is more legal in nature. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
I am the owner for more than 10 years at the oaks of West U. Ever since the Rice management took place for our HOA, it has been a disaster. They have lost the monthly HOA fee my bank sent out through auto draft. Without any communication, they sent my case to the lawyer, trying to foreclosure my condo. When my bank has provided proof that the management has already cashed my HOA check, they finally admitted that it’s their computer error, but I have to pay the legal fee for their mistake. Even though I have never late for the monthly HOA payment over 10 years, the Rise Team keeps on charging me late fee and all kinds of fines, because I refused to pay the legal fees due to their own mistake. The Rise team office has ignored my email and phone calls. It seems like that I have to find a lawyer to fight with this horrible management team…
As you noted, you need an attorney. We suggest that you please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My hoa has not posted minutes or Financials this year. They also use selective enforcement of restrictions. What can I do?
Unless specified in your governing documents or a policy, there is no law that requires an HOA to post minutes or financials. If your HOA falls under the Texas Property Code 209, there is a procedure for how a member can obtain these documents Section 209.005 https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm
Selective enforcement is a common problem we receive frequently. From Attorney David Kahne’s website: Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove. https://texashoas.org/faqs/
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Having issues with the HOA over removal of mesh on my metal fence. The mesh is for the safety of my chihuahua preventing him to get out. I begged and pleaded with them to at least come up with a criteria of how the mesh should look like, ie the color, the length, material, etc etc. even a short one foot mesh would do the job, but they are adamant in my removing the mesh. I am Very scared for the safety of my little chi. No compassion on their part. Feel totally helpless. I’m not willing to do shock collars or invisible fence as they can be traumatizing to some dogs, especially these little chihuahuas.
The HOA Reform Coalition sympathizes with you. Many of us have our own cats and dogs who are just like our children. It is difficult to have a small dog and cats with a metal fence when the dog can fit through the slats of the fence. Recently passed SB1588 may help you. That law gives you the right to have a perimeter fence. The law is very new and also gives the association the ability to regulate type of fencing to be installed. So, it is within the power of the HOA to decide if the mesh would be allowed in this instance. The same statue, SB1588, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0, also specifies that mesh fencing is an allowable material for fences around swimming pools. Meaning that the HOA will need to decide on an acceptable mesh fencing for folks who want to put it around a pool. Maybe you can ask your HOA, in light of the new law allowing mesh fencing around pools that the same material could be used at the base of your fence to keep your dog in. The Board could still say no but maybe they can be reasonable over the request.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My family and I just recently open a mobile SnowCones company, we work out of a trailer and is hooked to our pickup truck. Which is parked in our driveway after we have completed the day, this is currently one of our sources of income since I have now retired. My HOA has sent me a letter saying commercial vehicles can’t be parked in the neighborhood neither are trailer allowed.
With the increase number of families going into business to stay afloat. Why aren’t we allowed to have our trailer parked in our yards?
Some storage locations for trailers aren’t always the safest solution.
It’s okay for those who work out of Van for cable companies to park, which is a commercial vehicle.. but those who have food trailers has to suffer with the inconvenience.
This is a common problem in many POA restrictions preventing home businesses. This is part of living in a deed restricted community. Some POAs are more aggressive in enforcing this restriction than others. You can try talking to the Board to see if there is justification for the restriction and if some compromise could be made. Another option is to have the community request that this restriction be removed or altered.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I have lived in a POA neighborhood in Cibolo TX since we built our house in 2005. We are veterans of the US Navy and we decided to live here and retire. Since we first began living here the management company has been here governing over us like a King. I have tried to complain about things that needs to be taken care of but to no avail they haven’t been resolved. The hedges have not been trimmed in over several months and because it summer time snakes are more out and this causes a hazard to the community.
We are butting heads with our HOA over plants in our yard. The builder planted sick trees and plants and after two years of trying to revive them, we gave up and pulled them up this spring. Instead of the sickly trees we planted crepe myrtles. Young ones but they grow quickly. The bushes were pulled and replaced with more heat tolerant plants. The issue is with the crepe myrtles. Because they do not have 6” circumference they are demanding we replace them. Why? These are fast growing trees and will be the 6” circumference within a year. They want us to pull up plants that cost us over $100.00 and we refuse to do so. So now they are saying we are in violation of their rule. At this point we are sticking to our guns and refusing to remove two healthy trees to suit an HOA who has bigger things to worry about than our yard. We are so over HOAs and are seriously considering putting the house up for sale and moving out where our freedoms aren’t mandated by mini-governance institutions that shouldn’t even exist. Enough is enough.
Sorry to hear about your problems with your HOA. Your comments are very common. The HOA Reform Coalition of Texas believes that the POA should have to prove that a violation of a restriction will lower the property value of the neighborhood. If the POA cannot prove that not enforcing a restriction is harmful to subdivision, the restriction should just be removed.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am sued to pay a 2015 Yearly dues fact is I want to pay However I’m also ordered $2500atty fees.
I feel were intentional delayed to address 6 years later. Knowingly we were n court Jan 2020 when an appeal was ruled n my favor…a notice of 2015 insane could have been addressed sooner than now to have accured outrageous atty fees, penalty plus unreasonable interest as well.
I submitted letters to court and sheriff advising my willing to pay $650 of 2015 dues but asked to negotiate the outrageous atty fees.its been 3months and not heard from atty.
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges. Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am sued to pay a 2015 Yearly dues fact is I want to pay However I’m also ordered $2500atty fees.
I feel were intentional delayed to address 6 years later. Knowingly we were n court Jan 2020 when an appeal was ruled n my favor
My POA denied installation of sidewalks on both sides of my house because they say we are blocking the drainage of water. I explained we would still have 2′ of swale space for drainage on my side of the fence. They said I could re-submit my application with pictures, measurements and further info for reasons we need this addition. I submitted the need for 4′ walkways in a 6′ space for safe access for my family and guest (Wheelchair, crutches, etc.) coming to our backyard, so that they don’t slip in the mud on the steep grade the builder refused to fix.
The deal we were quoted was to good to pass up so we installed them anyway for safety. Now we are receiving letters asking us to fix the issue.
I had a 30 minute consultation with an attorney, but she wasn’t very helpful. She told me to remove them, and left it at that. I still feel I have some sort of right to have them, especially for safety reasons. I can’t have anyone over to my property, and the potentially slip, fall and hurt themselves. That would leave me liable.
Any advice would be much appreciated.
Accessibility is an important factor especially if wheelchair access is a necessity. We are not attorneys, therefore we suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
What can be done about selective enforcement and civil rights violations by a board who keeps the same members in rotation the past 25+ years
The HOA Reform Coalition has supported the need for term limits. So far, legislation has not been passed to term limit board members. One thing to consider is altering the subdivision governing documents so that there are term limits. Often the reason the same people stay in office there is no quorum at meetings. Sometimes this reflects incumbent directors suppressing attendance.
From Attorney David Kahne’s website https://texashoas.org/faqs/:
Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.
Often board members maintain power when quorum is not met at an annual meeting. Texas Property Code 209.00593(d), which applies to subdivisions, but not condominiums, enables boards to amend bylaws and reduce quorum requirements “to provide for elections to be held as required by Subsection (a)” of the same statute.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Re: Term Limits. Our By-law Committee recommended that a board member who served 2 terms (6 years) had to spend 1 year off the board before being eligible to run again. The POA attorney said that the new legislation prohibits HOA/POAs from stopping anyone from running for the board and, therefore, we cannot impose this “term limit.” Seems to me we are not prohibiting anyone from running period – just making them take a 1 year vacation.
When we purchased our home we treated our fence with a clear natural tone sealer to protect it from termites and deterioration. The fences in the subdivision with houses valued at over $300,000 have deteriorated in 6 months. We chose to protect ours. Our neighbor next door ask what we used and a neighbor across the street. They protected theirs as well. After a year and half we received a violation for the fence (the only part visible from the street is a gate). I called the HOA and they told me I needed to send in a request form and and a fee which I did. I also sent in a request form and fee to change the pavers on my flower beds and some of the bushes since the Texas Freeze killed some of them. A few weeks later we received a denial on the fence. I ask my neighbor across from about their fence and to my surprise theirs was approved. We all used the same product on the fence. Another neighbor on the same street also treated his fence with a red cedar and was approved. They have also denied my flower beds stating the because of the fence denial I was not in compliance and therefore I could nothing to update or up keep my property. This is absurd! They have too much power and seem to be discriminating against homeowners. I really need to know what the next step would be.
Selective approval and selective enforcement of rules is a common problem. If your subdivision is subject to the Texas Property Code 209 and the recently passed SB1588 https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0 may be useful to you. Starting September 1, 2021, SB1588, for subdivisions with more than 40 lots, new Property Code § 209.00505 imposes requirements to secure homeowner rights when they must obtain ACC approval, such as to build or renovate a home. It requires written explanation of the basis for any denial, and requires that owners be allowed an appeal to the board, which owners can record.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
209.0058(d)(3) reads: “in any election for the board, each candidate may name one person to observe the counting of the ballots, provided that this does not entitle any observer to see the name of the person who cast any ballot, and that any disruptive observer may be removed.”
209.0059(a) reads: “any vote cast in an election or vote by a member of a property owners’ association must be in writing and signed by the member.”
So, please tell me how the ballot document must be signed by the member, but not seen by the observer?? They cannot coexist together, IMHO. If the ballot itself must be signed, then the observer will see it if they are overseeing the vote.
Your question is asking for a legal interpretation of the statue. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge
The HOA at my condo complex has not had an annual meeting for the past 2 years. Understandably, last year because of Covid-19, but we could have still had did a zoom meeting but they decided not to. And this year they’re deciding not to have one in person or zoom. I have requested that we have one and no luck. What can I do in this situation?
Unfortunately, the rights given to HOAs concerning annual meetings are not available to Condos. I would suggest that you go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
We live in a gated community which is part of Fair Oaks Ranch, TX. Since we are gated, we are responsible for our own road maintenance. Yet, our tax dollars are also being used to maintain roads in other parts of the city that have an HOA but aren’t gated. They consider them “public roads”. How is that fair. Our gates are open for school traffic all day long. Btw, we are still in the developer control period. There’s zero requirement for reserves, I’m afraid when buildout happens, our roads will be trashed. Help is needed.
Although it seems unfair, your subdivision chose to have private roads and therefore those that live within the subdivision will be responsible for the upkeep and repair of the streets within the subdivision. However, this does not exempt you from the maintenance of the public streets throughout the rest of the city/community. So you will be taxed for these streets as part of your property taxes.
If, as a POA, you decide that this is not a burden that the members desire, there is a normally a process to dedicate the roads to the city and make them public. You are right, that if the roads remain private, reserves needs to be established to ensure that they are maintained appropriately. The POA will need to ensure that enough reserves are available to do so.
On May 13th I came home to find my HOA had placed 4 recycle bins in front of my home in addition to the existing one and a dumpster eye sore that was already there. They refuse to move them and say the city mandated they place them there (which I confirmed with the city is not true). This is a trip and fall liability, accessibility violation and fire hazard.
I spoke to my HOA about the city ordinance codes they are breaking but they seem to be at an impasse with me and I fear retaliation at this point.
The board director wants to sit down with me today to discuss where to move the bins but I feel it will be futile as another neighbor in my community made the same request at no avail.
I’m hoping for advice on what to do if my HOA refuses to move the hazard from my doorway. I contacted my city council rep and they are investigating the issue now, but I’m open to other suggestions.
Our HOA was established by the builder and developer then recently turned over to homeowners with major drainage and erosion issues on one side of the community. Common area flood out and cause damage to private property and the homeowners that are in charge have no idea nor the resources to address it.
Flooding is a problem throughout. As more concrete is poured and additional construction, areas are flooding. You can make your issues be known to the local City, Drainage District or, if applicable, the MUDD. All of these entities would be concerned about potential flooding and risk to property. Take pictures of the issues, in dry and after major storms, to show the impact of the problem. Also, you might want to contact the developer and see if they will offer some assistance. Developers do not want to be know for subdivisions with flooding problems, so there might be some desire on their part to help resolve the issue along with the governmental agencies before a substantial problem is incurred.
My Texas HOA on a small rural lake has a bylaw that limits who can stay at my home when I am not there. For example, my 26 year old grandson is not permitted to be there unless I or my daughter is there. My close friends cannot stay in my home for the weekend if I am not there. I find it unbelievable this could be legal. Would appreciate your opinion.
You are asking a legal question. Since we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I’m just trying to find out how to file formal complaints against my HOA to get an investigation going on them? They only let anyone see records if they make an appointment and then you have to go to the clubhouse and they sit there and watch you like a hawk and don’t allow you to have copies of any of the information. They raised our HOA dues $100 in the last year and we pay on time every year. The pool was not open and they just open it intermittently whenever they want. We pay to utilize that pool so it should be open from dawn until dusk regardless of whether there is a lifeguard on duty. Most places have signs that warn that there is no lifeguard on duty and that kids under a certain age aren’t allowed without their parents etc etc. There is no reason why we can’t utilize the one thing that we want to utilize. They spend all of their time energy and resources on a tennis court for the older people in the neighborhood. We can’t even get them to update the children’s playground but they went and purchased flood lights for the tennis court so they can see at night. When I asked to see what all of our HOA money was spent on they said the only way I could see that is if I made an appointment to go meet with somebody to sit down on their terms on their time to look at it and they refused to send me a copy even though we all have a right to a copy if we’re all throwing in money. I’m told they are a group of volunteers. So if they’re able to see what the money is spent on then every other resident who pays money in the neighborhood should have a copy of that information. They also only send out letters when they want to find you for something. They don’t send out updates they will post a handmade sign outside of the clubhouse with information on it and expect everyone to see that. They have a website they can use and they also have the ability to ask for emails and send out a chain email letter but they never do so. We went to replace our pool passes this year and they want to charge us $20 in order to do so because we didn’t have our old pool pass to turn in. There is nothing in any writing or online or anything else that states that we are required to bring the old pool pass in order to get a new pool pass or we will have to pay $20. When I asked why the vice president of the HOA said because they take the time out to make them. That to me says that their pocketing that money which is I’m pretty sure illegal for the HOA to do. Anytime We complain about something they end up sending us a letter threatening us with a fine for something we need to fix. Even if we’ve already fixed it. For example, we do the edging every week and the day before we were going to do the edging we get a letter saying that our edging looks bad and that they’re going to find us if we don’t fix it in 3 days. We do the edging every single week it hadn’t even been a week and they were sending us a letter about the edging because I called and complained that my neighbor’s dogs were getting into a hole they made in the fence into my backyard and chased my father out of our backyard. This is just the tip of the iceberg on everything I could complain about.
Your complaints are very common. Many people seek to file formal complaints against their POAs. Here are some options for you to try but we do not know what your overall success will be. There has only been limited success reporting HOAs for questionable operations. You can complain to the Attorney General’s office, which has a division to deal with non-profits. HOAs are a non-profit organization and fall under this jurisdiction. You can also complain to the County Attorney and, if you think there was a crime, the DA. Beyond these options, there are not many other avenues to take.
We found black mold in our condo walls. The HOA Insurance went out of business so I’m told the funds will be covered under the Texas Guaranty Fund. I ran out of money and there is still a little bit of mold left. They say they can’t remove it until the money comes in which could take a year. My place was torn apart and I need my reimbursement. They won’t even waive my fee and let me pay it back when the funds come in. My condo is uninhabitable and I’m running out of time where I’m staying. My place has been sitting for months and the mold remediation team needs their money. What can I do?
Thank you for contacting the HOA Reform Coalition of Texas. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
HOA charging too much for Resale Certificates, what can we do about it?
There is no recourse against HOAs. My HOS violated Texas state law by not getting audits or adhering to Generally Accepted Accounting Principals as specified by the Texas Property Code 82. Neither the Texas AG or my state rep would do anything. I sued them on these items about which there was never any question by the court that they were required to do.
It took over 7 years, over $40,000 in legal fees, but I won a settlement that they would do both items. I won a $90,000 payment. After paying income taxes on the money and legal fees I cleared around $5,000.
The HOA went back to it’s old ways, ignoring the court and my only option was to sue them again. I sold the unit. Owners have no support against HOA’s!
Hello, our 3 Board of Directors recently changed wording to our parking policy. We live in a small gated community (Stillwater on Lake Houston) in the suburbs around a lot of other communities. Our neighborhood/houses are nothing more special then the neighborhoods around us. Lot of homes with kids and people coming and going with get togethers spontaneously. That said here are the highlights of the new rules they have changed on us: These are the highlights of the policy changes now:
*No resident street parking at any time
*Temporary parking upon the streets in the Subdivision is permitted for the purposes of:
-Passenger pick-up, loading
-Unloading purposes
-Construction/maintenance services related to a Lot or dwelling
-Delivery services and trash services only (“Temporary Parking”)
*Resident is responsible the notifying the visitor and guests of policy
*If Resident is having a gathering that exceeds the limits of their driveway, please contact Management company with the following via email. Such notice must provide
-The name and address of the Owner or Occupant,
-The number of cars expected to be parked on the street during the event,
-The timeframe for the event
They have advised they contracted with a very “trustworthy” tow company as well. In the actual document it reads (yes they bolded it): THE ASSOCIATION MAY, BUT IS NOT OBLIGATED TO, PROVIDE NOTICE OF ITS INTENT TO EXERCISE ITS SELF HELP REMEDY BY PLACING A NOTICE/STICKER ON THE VEHICLE IN ADVANCE OF TOWING.
Thoughts on this? I have a poll going on FB to see who agrees or disagrees with it and currently for those who have voted majority of people don’t like it by a large amount. Any recommendations to get the wording back to what it was?
Your approach to get the community involved is good and the path that we would suggest. If the community supports your position, hopefully the board will listen and repeal the parking restrictions.
For the last three years I’ve been behind on my HO a dues but I use always catch up the following year I pay everything up but then I fall behind two months towards the end of the year again I do catch up the phone here well this year I was behind for 2023 months and we were in 2021 and I have not paid January and February I asked to be put in a plan that get amended and the treasury department for our HOA sent me out information in regards to being put in a payment plan but at the same time he had records of all my payments and sent it to other members The person that handles the pool, the person that cleans up the clubhouse I don’t feel that they needed to know any information in regards to my payments now did they break the privacy law by sending my information out to these people.
Whether the information was sent intentionally or unintentionally, we would agree that the Board should not have sent out that information to people beyond those that are required to know. With that said, people do make mistakes. We are all human. But if you want to pursue this further, you would need to contact an attorney to determine if any privacy laws have been broken. Since we are not an attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I am late on my hoa fee for 2020, the pandemic has hurt my income substantially, the hoa turned my case over to their attorney, I owed around $900 for the year, their penalties and interest they say is $3,700 for just being late, they would not negotiate, this is in my opinion “price gouging ” during a pandemic, I have been late before and the price was $1,600 , what can I do about this,
You are not the only person who has had difficulty during the pandemic paying their HOA fees. The HOA Reform Coalition of Texas has proposed legislation in the last few sessions to limit attorney fees and associated costs due to unpaid assessments. Unfortunately we have not been successful to date. Attorney fees, as what your experience has been, can be several thousands of dollars for very small assessments.
You may want to meet with your Board to discuss a payment plan and a way to prevent further costs associated with the attorney.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
A small bridge on HOA property collapsed. The board solicited bids and chose a contractor.
Is it legal for the HOA board to take bids and select a contractor to rebuild a bridge? Does the membership have the right to vote and select the contractor?
You will need to verify with your governing documents but often the Board does have the power to solicit bids and select a contractor without a membership vote.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in a small HOA in San Angelo TX. I am a disabled combat veteran with moderate to severe PTSD, consequently I do my best to avoid conflict. In 2017 I began construction of a small shed as specifically allowed in our D&R’s. This began a 5 year campaign of harassment by the board. Initially I was told I had to get ACC, approval, despite the fact that all residents were allowed 2 small structures no bigger than 10×15 with out ACC approval. I was also sited for two other violations, but was not given a description of said violations. May 15 of that year I attended a board meeting that I was on the agenda for legal actions for my posts on NEXTDOOR. I had committed a violation of the board presidents mandate that no association member was allowed to discuss any issues about the association. What I posted was the state laws on HOA’s. We were warned by the president not to look at the laws because they were “to vast and numerous” for us commoners to understand. At this meeting I clearly identified as a combat veteran with severe PTSD, and asked that I be given a description of my violations, at which point a member of the ACC, violently began screaming in my face. I again requested as a reasonable accommodation for my disability that they please provide a description, the BOD president state “we don’t have to comply with your request.” She then stated if I was unable to interpret my violation, she would appoint a committee to come to my property and investigate, they would then provide a description.
After sending a certified letter in which I again requested a reasonable accommodation for my disability, the board never responded, instead, I was issued without a vote by the board a $50 fine and more violations. The great rub was that by observation of the entire association, you could not reasonably determine the nature of my violations. My immediate neighbors were in clear violation, but received no violations. The justification by the BOD for their arbitrary application of the rules “The BOD does not police the association, but only takes action in complaints are reported”, in my case the President stated that my neighbors were not sited because no one complained, if I felt that was unfair then I should turn them in.
Consequently, I file a Fair Housing Complaint investigated by the TexasWorkForce Commission(TWC), which sided with the board. According to TWC, I failed to establish a nexus between my PTSD and my need to know by description what my violations were, and it was my responsibility to interpret my violations, to ask the board to provide a description was onerous to their business model, the TWC could not reference other state statutes in determining if my request that the board comply with Prop Code 209 was reasonable. TWC acknowledged that the boards procedure for applying the rules was arbitrary, however, it was an “arbitrary practice that was uniformly applied”.
Two months after the decision, the notices of violations began again. I was informed that landscaping rocks in my yard were “trash, rubbish, or other debris” and had to be removed immediately. Our entire association is built on rocky ground.
In our deeds, it stated; “All properties exempt from Taxation by the laws of the State of Texas and to the extent thereof are exempt from association assessments.” Under the definition of assessments it included fines. My property based on my VA disability is Tax exempt.
They filed a lien on my property. I hired an attorney, who they initially refused to respond to. Jan 2019 they released the lien. Then drove to Austin and hired an attorney, and determined an urgent need to combine two D&R’s and an amendment into one document and add a table of contents because our 13 page D&R’s were confusing without it. These two documents were to be combined in their entirety. Except, they failed to mention in their documentation that the small shed and tax provision was removed. An election was scheduled for April 7, 2019.
The agenda stated that votes would be cast, tabulated, results announced and close of meeting, except, they didn’t have the votes, so they adjourned the meeting without announcing the results. Witnesses observed board members filling out ballots in their vehicles after people had left.
The results were announced on May 23, 2019, as posted on community bulletin board. I requested a recount, but was denied, the board sited they announced the results on community bulletin board the evening of the election, which didn’t happen. A week after the May 22 notice on the board the violations began again.
So now I have received notice from the attorney that the board intends to foreclose on my home.
Thank you for contacting the HOA Reform Coalition of Texas. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
The had a hearing with my HOA about a newly installed fence. I went through the proper steps to give the fence approval. The issue is a pre-existing landscape that occupies 95% of the area fenced; n I was given ‘permission’ to extend the fence three-feet from the corner of my unit due to a tree. TOn the day of the fence install, it was discovered the preexisting pavers are cemented 20 to 24 inches in the ground with a solid line of cement. I made a last-minute decision to have the fence extended two additional feet. It would add almost an additional $1,000 to the cost for the company to remove and repair the landscaping to meet the three-feet approved. It was the holidays and hectic, I was working 14-hour days, and I didn’t think to contact the board to get approval. Our board is slow to respond to approvals in most cases, as well. I received an email I wasn’t in compliance, and a $25 per day fine would be instituted until the fence was brought to meet what was approved. Hence, I requested a gearing. The board permitted me to have a business associate attend the hearing to help speak my case. The president of the board and three board members participated in the meeting. The president over-spoke me the majority of the forum and did not allow my colleague to speak to the matter; he was so rude, and it was more of a scolding than a meeting. There are no set restrictions except that fences exterior be painted Sherman-Willians 3034 (not all fences in the community meet this requirement). After touring all the community units, there are more than 20 units that have fences extending six-feet and more, and one unit is allowed to have a gate installed near the front door. The bottom line was I failed to get permission, and the reaction from the president was one of parent and child; you do as I say, or there will be a consequence. I agree I should have contacted the board. As mentioned, it all happened so fast, I was on the spot and made a choice. I feel the board’s decision is unjust. It will cost me $2,000 to have the pavers removed, the landscape repaired and the fence brought in by only two feet. I used Viking Fence, and they do superior craftsmanship, and I have one of the most excellent fences in the community with premium red cedar and design. It adds beauty and value to the community. Do I have any other options to fight the decision and report how the president handled the situation and me? I’m being held to restrictions other residents are not
From Attorney David Kahne’s website, https://texashoas.org/faqs/, selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.
Please go to Attorney David Kahne’s website http://texashoas.abouthoas.org if you have more questions. This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our POA is a 1000 lot, rural subdivision. Our Board, along with the law firm hired by the Board to represent the Association, have interpreted Texas Property code 209.0059 to allow the Board to vote on all lots owned by the POA (common areas, foreclosure lots, lots purchased for re-sale, etc.) in Board elections or elections to revise Covenants. Doing so could potentially allow the Board to unduly influence the outcome of the election.
Texas is definitely in need of a division in the Attorney General’s office that would oversee the HOA/POA communities. There needs to be repercussions to the HOA/POA if their Boards choose not to follow current statutes requiring them: 1- to keep dedicatory instruments filed in the County Clerk’s office & posted on the HOA/POA website, 2-to maintain & keep current management certificates, 3-insure resale certificates issued by the management co. are correct & complete. I realize this would be a huge undertaking since there are thousands of HOA/POAs in our state but it needs to be done to protect the rights of individual homeowners.
During the 2021 Legislative Session, SB1588 was passed, https://capitol.texas.gov/tlodocs/87R/billtext/pdf/SB01588F.pdf#navpanes=0. If your POA is subject to SB1588, the Bill contains a section that allows members of the association to take Board Members to court for not following the Texas Property Code.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I live in a neighbor I am force to pay HOA fees. I have reported many obvious violations stated in the CC & R, which is a contract. We pay the fee they follow the CC & R and enforce the laws.
They are committing Unconscionable Acts, which is when the seller takes advantage of “consumers” lack of knowledge, ability, experience, or capacity to a grossly unfair degree. This is an unfair degree because we are required to pay or a lien is put on my house. In addition, mist people and management company have no money idea what the CC & R even is and/or say.
If they don’t provide the service we are out of luck. There is no accountability i have been battling with them for 3 years. They do nothing.
We are forced to pay a service we homeowners don’t receive. That is Fraud. If they are informing the people of violations, the owner is not complying. This is still fraud, because they can fine and put out a lien, according to the CC&R. People still do it, so that is not happening. They AREN’T enforcing our agreed contact.
They are very aware of the violations, but do nothing, so I want to file a complaint. Any other company I could get a refund or fire them.
It can be very frustrating to pay association assessments and not have the contract (CC&Rs) enforced that you agreed to at closing. But this is not uncommon. Selective enforcement is a problem in many communities. As you stated, the POA can put a lien against your house and possibly foreclose for non-payment of assessments. Even though you believe this is fraud and you are not receiving services, pay your assessments to prevent possible foreclosure. You may want to take this topic up with your POA Board to see if there is a reason for why enforcement is not being done or if a new management company should be hired.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Our HOA and property manager are proposing to implement a system of applying financial fines against owners who they allege are in violation of community DCCR’s. Our governing documents (By-Laws and DCCR’s) do not provide the HOA the power to apply fines. The only enforcement power granted to the HOA Board is the power to litigate to enforce compliance. I’ve read online that HOA Board’s do not inherently have the power to apply fines if such power is not grated to them in the community’s governing documents. However, this distinction/limitation doesn’t seem to be mentioned in the property code itself. So, my question is can our board institute a policy of applying fines to owners who violate the DCCR’s or not? Our DCCR’s contain only the following on “enforcement:
Article 26: Enforcement
(Presented in its entirety from page 21 of the RR-DCCR’s)
“If the Owner of any Lot, or his heirs, executors, administrators, successors, assigns or tenants, shall violate or attempt to violate any of the restrictions and covenants set forth in this Declaration, it shall be lawful for Declarant, the Association or any Owner subject to this Declaration, to prosecute any proceedings against the person or persons violating or attempting to violate any such restrictions and covenants. The failure of any Owner or tenant to comply with any restriction or covenant will result in irreparable damage to Declarant, the Association, and other Owners of Lots in the Subdivision; thus the breach of any provision of this Declaration may not only give rise to an action for damages at law, but also may be enjoined or may be subject to an action for specific performance in equity in any court of competent jurisdiction. The bond required shall be no greater than $500.00. In the event an action is instituted to enforce the terms hereof, or prohibit violations hereof, and the party bringing such action prevails, then in addition to any other remedy herein provided or provided by law, such party shall be entitled to recover court costs and reasonable attorney’s fees. The Architectural Control Committee, Association, and/or Declarant shell not be charged with any affirmative duty to police, control or enforce the terms of this Declaration and these duties shall be borne by and be the responsibility of Lot Owners.”
Your question is asking for a legal interpretation of your documents. As we are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge
Our POA Board says property code section 209 grants them the authority to vote on the lots owned by the POA. I don’t believe that is true. Also, how can the Board voting the POA lots in a Board election not result in unduly influencing the outcome of an election? How is that benefiting the entire community?
This is a very good question. The HOA Reform Coalition of Texas position on this topic is that a Board should not have the ability to vote POA lots. We do support the idea to use the POA lots for quorum purposes only. You will need to review your deed restrictions carefully to determine if the POA Board is allowed to vote POA owned lots or not.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
I fell behind on the 3k worth of HOA assessments. It became 18k. It was nuts but we stayed quiet and offered a 12 month payment plan to get it behind us. Rejected. keep pushing for 1 month or 3 months. I paid a partial. Then sent me a foreclosure notices and added 4k in more fees. I had to find a way to pay it. I understand late fees. But they try to kill me attorney and misc fees. ( so stressful, we felt they singled us out for some reason to add so many fees. we fell behind but good people) It was just not normal or even evil to let fees run wild. . On this site, Im reading so many homeowners have the same issue with texas HOA. HOA fees need to have cap. With covid i dont want any other homeowners go through what my family did. It evil highway robbery. We need to push for change. Need HOA reform
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not.
The HOA Reform Coalition supports eliminating attorney fees in many circumstances and to cap attorney fees associated with assessments to prevent the escalation of costs. In 2021, Representative Sherman introduced HB2387, which the HOA reform supported, as an effort to limit these escalating attorney fees. Unfortunately, this bill did not become law.
The HOA Reform Coalition intends on re-introducing this legislation in the 2023 session. HOA Reform Coalitions welcomes your support on this issue as well as others.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Why are required to pay ten dollars per vehicle in 2021? Last year the first two were free then 5 dollars per vehicle. No notice was sent to me via mail, text or email. This a breach of contract between the POA,HOA and THA, we have no rights to in this matter. They raised dues a few years ago even after it was voted done by residents of Hot Springs Village. They used a clause that stated not enough votes were cast. As a current residence of of the village, I was a property owner with a out of town address, I never recieved an email, text or letter. I am willing to take this to court! They are taking advantage of our age and judgement
The extent of POA power to impose charges or increase fees for subdivisions and condo depends on your governing documents and state law.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
A woman is asking people for 400 dollars per house for a home owners association. Her made up hoa isn’t even registered. I gave her money last year and she is saying she doesn’t have it. It’s a scam that is costing a lot of people on the street money. We are scared she will put a lean but there are no meetings or elections no flyer nothing saying where this money goes. This is a scam that is scaring people and robbing them blind. She is saying she gives details of where the money goes at a meeting she invites no one too. I told her when are elections, apparently they address those at meetings they don’t have. The last meeting was in 2006!! The majority of the street does not want an HOA and the amount of money she is getting does not add up. The street is not well kept and there are zero events. She is clearly pocketing money. Please address this! I’m contacting the non emergency police number as well. I don’t want anyone else to suffer from this scam. If there is an HOA there needs to be elections and we need to know where the money is going and vote on what it goes too.
The following steps can help you determine if a POA is legitimate:
1. Check your closing documents, in the title insurance policy it should state whether or not a POA existed when you purchase your property. In rare circumstances, a POA is established after closing. In recent years, a disclosure form may also be included in your paperwork.
2. Check with the Secretary of State if the POA Articles of Incorporation have been filed
3. Check the County records where the POA exists to determine if deed restrictions, also called declarations, CCRs, or covenants have been filed
4. If being managed by a management company, again check the County Records for the filing by the management company stating their POA representation
As for “good standing”, POA members should be aware that a POA can still be powerful even if not in “good standing”. “Good standing” issues, especially those at the Secretary of State, often are easily resolved by the POA.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Why not just go to the media? Don’t you have a local Troubleshooters or something? Media attention might catch the eye of a lawyer who might help. You can also write a letter to your state’s Attorney General about the matter. Do all of the above. You can tell her or not, but she has to provide some accountability. A local news station might get some answers out of her.
Why? we as homeowners should not defund the HOA? My problem with my homeowners’ association was/is communication. The association was sending my mail to the wrong address, after informing them of the error they filed a bogus lawsuit to have permission from the courts to sell my home. I wonder how many other senior citizens are losing their property because of their irresponsible actions. and the homeowner is left with a large price to pay the association. Something legal should be drafted against the HOA to stop the harassment, possession, and corruption.
HOA Reform Coalition does question the need for HOAs to have so many powers. Your experience with poor communication is all too common.
During the 2021 Legislature, Representative Shaheen presented HB3857 to require certain notifications before an assessment lien could be filed. This bill was left pending in committee when the session ended. The HOA Reform Coalition supports this type of legislation and believes this is a needed protection for homeowners.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA wanted me to go to mediation about my husband temporarily parking his trailer here. I spoke to HOA attorney and he agreed we don’t have to go because I had already handled this. The HOA knew it was temporary, I was communicating with them while I seemed off site parking. He said to email him that I would comply and no mediation. Now HOA is billing me for legal fees because they had to pay the lawyer to send certified letter and for his time. Do I actually have to pay that? To top it off, they haven’t stopped others from parking buses, trailers, boats and commercial vehicles!
You raise a great question concerning if you are required to pay for the attorney costs. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Hello
My association charges us legal fees if we are 15 days late in paying . So instead of paying $55 ,we have to pay $110.87.
This does not seem right. They are robbing us.
Sadly, it is not uncommon for a POA to charge excessive late fees and interest on outstanding assessments with no grace period. The late fee charge and interest rate should be in the governing documents. You can check there to determine if what you have been charged is correct or not. The HOA Reform coalition is trying to have the Legislature set limits on these excessive charges,
**Disclaimer – Everyone’s situation is different and this is not legal advice**
For 47 years our POA board decided not to charge a Construction Inflation Fee on our annual dues. The board now is raising our dues for these last 47 years per this Inflation fee, plus $50 a year to give to our water company. Wouldn’t this fee be considered abandoned and what the board is doing a violation? Is all this legal? Also, we have no expectation date listed on our CC’Rs.
The question here is can an POA retroactively assess the construction fees. You will need to review your governing documents and possibly state law to determine what is allowed and not allowed for your community. Maybe there are limits for how much fees can go up in one year or other such limitations.
In the end, this seems to be a legal issue with many considerations and complexities. You may need to contact an attorney for legal advice. You may want to visit this website, https://texashoas.org/
**Disclaimer – Everyone’s situation is different and this is not legal advice**
My HOA has broken HOA Texas law. When I wrote to the Attorney General about the many violations including the false scare tactics used to get illegal Special Assessments passed, they wrote me back that it was a big enough audience for them to be bothered with. Who is there to stop the runaway HOA Board is the law will not be enforced??? Do they have a free pass on violating the law????
Sadly, the response that you received from the Attorney General is all too common. Many others complain to the Attorney General but do not even receive a response.
City and County officials also often have this same stance that they are not concerned with the POA actions that are violations of the law. Even worse, some local governments assist POAs, rather than protect homeowners.
The most important people to stop a runaway board are the owners of the association itself. Get a group of homeowners together to either amend the restrictions/rules or vote the current Board out. We can provide support, and including advice learned from past success. Another option may be to sue, but there are often reasons not to sue.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
Same thing happened to me thru Ken Paxton’s office..we ended up getting g a high priced lawyer and still working on issues with county DA and county Attorney
How do you determine if a POA is legitimate and in good standing with the state of Texas?
The following steps can help you determine if a POA is legitimate:
1. Check your closing documents, in the title insurance policy it should state whether or not a POA existed when you purchase your property. In rare circumstances, a POA is established after closing. In recent years, a disclosure form may also be included in your paperwork.
2. Check with the Secretary of State if the POA Articles of Incorporation have been filed
3. Check the County records where the POA exists to determine if deed restrictions, also called declarations, CCRs, or covenants have been filed
4. If being managed by a management company, again check the County Records for the filing by the management company stating their POA representation
As for “good standing”, POA members should be aware that a POA can still be powerful even if not in “good standing”. “Good standing” issues, especially those at the Secretary of State, often are easily resolved by the POA.
**Disclaimer – Everyone’s situation is different and this is not legal advice**
When a bank or lender approves anyone for a mortgage loan on a home, no one should ever be allowed to come between that agreement and the buyers. The sole purpose of the buyer is to buy the
Home, not a swimming pool, or Clubhouse, Gym or Golf Course but the home .
However we have allowed Home Owners Associations to tell people they don’t qualify
to move into certain communities. This is wrong and needs to be corrected A.S.A.P. If the bank approved someone to buy a home who are these people that say you’re not approved I strongly feel that it is
The Builder’s responsibility of the New Homes Communities to set the record straight.
We live in a small POA. I came home today and saw some of the board members and a company cutting tree limbs from the road and from members’ properties. When I got to my house I noticed they had cut my trees as well without permission. I normally keep mine trimmed from the road during the winter since these are pecan trees. I even have ‘no trespassing’ signs on my fence. I asked one of the board members why they didn’t contact me and all I got was, “I forgot”. From what I see they illegally trespassed on my property to cut the limbs all because someone complained it touch the people in the boat as they drove by. I don’t feel they had a right to do this.
We are a small HOA, consisting of 310 properties. The HOA Board has not posted minutes of their meetings since May 2017. The HOA Board voted to award a contract to the Vice-President of the Board who submitted payment voucher for work not done, approximately 19k and against HOA Laws/covenants. The Vice-President submitted payment to a company not registered in the State of Texas. I checked Secretary of State website. Complaint was filed with local Law enforcement agency who refused to take action. There is no oversight for HOA Boards in the State of Texas and the current laws offer no relief.
HOAs can’t tell me what I can nor can’t do on the property I purchased with my own money. The rules they set forth are a direct violation of the USA constitution. I should be able to do anything on my property that is lawful. HOAs have no right to tell me what colors I can nor can’t paint my house nor what I can nor can’t build on my property. They are the most illegal organizations in the world and need to be abolished.
You will not stop the HOA’s abuse until the State creates an oversight committee to hear and take action against the HOAs.
We need to ALL ban together and contact our State Legislators to create such an oversight committee.
Three of us (a realtor, an army veteran and myself) were voted in by a majority of the owners of a large but troubled condo in January 2018. We gave our all to a troubled homeowners association, giving hundreds of hours in volunteer service to save the HOA from bankruptcy.
We fired the attorney for cause. Then the opposition on the board secretly engaged the same attorney to amend /rewrite our bylaws to give themselves power to kick us off. They did just that. It went against the Original bylaws which were unchanged for 38 years and require 2/3 of the entire ownership to change Bylaws.
We also still believe THEY violated state laws and are misinterpreting these laws in such a radical way that will have destructive consequences to other HOAs. They have ZERO case law to support their interpretation of state law, so with our case they are trying to CREATE it. Our “crime” was to challenge their ability to rewrite the Bylaws to remove us in a way that contradicted our Bylaws and our consent provisions designed to protect owners from exactly this kind of thing! Our Bylaws are abundantly clear it takes the consent of 400 owners to amend the Bylaws, NOT four owners! They are the ones breaking our very restrictive bylaws, not us!
There is a major problem with HOA’s designating what we do with our properties. They interpret bylaws to fit their ideal neighborhood and most have absolutely no common sense or knowledge of how communities work. They amend bylaws simply by “acquiring” quorum. Funny because we always receive notices in our subdivision on how another meeting or election is required, which costs “the association money” and requires another meeting or election. How they get around this? Well simply just change the bylaws to keep current board members if quorum is not met. Just change the bylaws and enforcement to fit your needs and desires. Great choice to protect the wishes of the majority of property owners. It is no longer about “protecting” home owners or property values. It is about enforcing your will on your fellow neighbors. Funny how HOAs were conceived to prevent opposed religions or races from entering the community and now we have made a full circle back to the oppression and dominance phase for HOA boards. I will never live in another one again.
We definitely need HOA reform in Texas! These HOAs are out of control making innocent residents’ lives miserable by constantly harassing and threatening to foreclose on their properties! What is going on??? Please tell me something can be done! I am now trying to prove my innocence after payments were not applied to my account correctly making me lose sleep and affecting my work.
Something will be done when homeowners unite and demand that the laws be changed. Go to the Coalition home page and scroll down to the January 2017 letter “HOA’s Relentless Assault on Texas Homesteads”.
I have sold my home in Texas after living there since 1981! Between the horrible HOAs and what they do to neighbors (making watchdogs for infractions) and property taxes, we moved to the Midwest!
I found a lovely home in a Norman Rockwell setting without a HOA! Who needs MORE government that cheats us at every turn?
Location matters on neighborhoods.
We live on the edge of Hill Country below a big city. Sprawl is moving out fast.
We have had several new builders out here on acreage lots. The new city people bring city rules and fees. We are 50 yr community with old covenants and new HOAs people onboard.
This HOA president wants “social progression” with city amenities. We once had only 2 trash collectors twice a week. We now have 3 trash collectors, 5 days a week with 3 running on one day, which adds up and is more wear on our country roads. That’s “Social Progression” ?
This HOA president solicits money on HOA title emails to our neighborhood instead of using her own social media site.
She also wants to change everything, update wording and add to our covenants adding with higher fees. Add what is the SCARIEST Question, No flags flying, color of paint on house which we can see from road. Who knows what she would add.
We’ve lived with ridiculous “membership” fee, which is only pay to vote on board.
We never see meeting minutes.
We agreed in a vote to NOT update Covenants at last renewal. But that hasn’t stopped her.
We are always watching her sly moves to keep her issue going.
She will do anything to keep us from bringing up important issues we’ve repeatedly asked her about – e.g. begging for important info on our neighborhood and meeting minutes that we used to get quarterly.
This HOA president refuses to post or tell us any meeting minutes. She updates only minor info in website. To date we have nothing for 2019, only when a meeting happened. She refuses to answer without a “lawyer’s consent” she says. Our neighborhood only gets important info from us.
Landowners want to come home and be left alone.
My subdivision is suffering from several abuses from the POA and we need help. These are not simple violation issues; these are serious abuses.
– Two neighboring subdivisions were annexed and given full rights to our amenities. There is a geographical separation.
– More than 20 subdivisions in Houston, all of them owned by the same developer were given limited rights to our amenities.
– Our amenity is being used as an event and wedding venue. We were told, some of us in writing, that the amenities were exclusive to residents and our $1400/year fee reflects this. It’s a Lagoon.
– The gates for our gated community remain open.
– Bulk services include a mandatory fee of $180/year for a security alarm service. Other communities owned by the developer are required to pay for internet and cable as well. We feel that the POA should stay out of the interior of our homes and not make these personal choices for us.
-The mandatory security alarm service does not include the necessary cellular back up. Other options like cameras and motion sensors bring the monthly total above that of commercial competitors.
– The POA collects a fee at closing for their Adopt A School fund. As of September, the fund balance is over $100k and only 5% has been expended to schools. For 2018, less than 10% of the money collected for this fund was expended.
I own property (empty lot) in Bulverde,Texas.
The HOA transferred the management rights in 2017 and did not ensure accurate information for its property owners, including those, such as myself, that own property in the community but live elsewhere, from its prior designated management company – which IMO from a billing perspective, was FLAWLESS. The HOA and the new management company blame this on the outgoing company seeking revenge on them for winning the business, which unfortunately puts the owner in the middle with no defense.
The new management company and the HOA didn’t see the importance of taking care OF THEIR HOMEOWNERS in this particular situation when they began to receive returned mail from them to my empty lot.
Despite having the ability to retrieve my mailing address from the County tax website, which is current because I pay my bills, they instead decided to turn my account over to a law firm.
Upon receiving a certified letter from the law firm for charges which I wasn’t aware of because the HOA Management company didn’t verify information with MY HOA and THEIR HOMEOWNERS, I immediately contacted them and sent a check overnight.
What followed has been months of back and forth between the HOA and the law firm to determine what I owed after the payments I sent have been received. This has resulted in incorrect amount TWICE PLUS PLUS stated by the law firm above, only to have the law firm come back again and tell me AGAIN that they made a mistake and I owe a different amount. MY HOA has been absent in this process – limited, delayed or NO response to emails, phone calls or text messages.
As a homeowner I should not have to be driving this process with my HOA, their management company or their law firm to collect a fee which they missed because they didn’t have accurate information in the first place (none of which was my fault).
I have repeatedly had to chase the law firm for updates, request for correct amounts due and status while they apparently continue to have errors in their information and simultaneously add fees on to my account.
There has to be something that can be done to protect owners in this situation of incompetence that doesn’t cost the homeowner to fight in a court of law.
Privatization has provided no oversight agency. Contact your state senator and representative. The legislature has given HOAs all this power and left the homeowner powerless.
I own a unit in a Houston Condo. We have had a 14% increase since November 2018 in maintenance fees. My roof is leaking and causing damage inside. I hired an attorney to communicate through as the president threatens me as well as other owners and residents. I need the leak fixed ASAP. What should I do? She ignores my attorney. She also informed owners that next week’s board meeting will be via teleconference and no one can attend. What can we do? Our reserve money is way down, the roofs are deteriorating and she and the board are walking away with money all the time?
Privatization has provided no oversight agency. Contact your state senator and representative. The legislature has given HOAs all this power.
– We the homeowners recently learned the walls surrounding our lakes(bulkheads) are failing.
– We have been told they are failing due to construction and actions taken/or not taken by the developer and our board, ie deferred maintenance.
-We have been told by the HOA attorney that the developer went bankrupt offering no specific name to the bankrupt entity. We have found no evidence of this being a true fact.
-HOA Board and the Property Management Company do not seem to be helpful in any way.
Homeowners are deeply concerned about the bulkheads.
Our last election did not adhere to HOA’s governing documents. We worked hard to support a strong leader and obtained a large number of proxies for an election last week. But the management company did not follow proper procedure. We are looking for the best next steps (on both election and bulkhead concerns).
The management company in Houston that handles our HOA chose to wait until they were closed on a Friday night to chop beautiful mature crepe myrtles – four in each Of 6 cul de sacs.
We have received conflicting stories and finger pointing.
A homeowner is also on the board.
Representatives from the Management are avoiding calls and emails from mortified citizens. We all stood there hugging each other and crying.
I live in a Polk co. subdivision run by nepotism! Our bylaws and deed restrictions are not followed by the board members and we are trying to get them all out. We started trying to vote them out and they changed the rules and denied proxy voting which is in our deed restrictions. They tried to keep the annual meeting a secret by only posting it the night before the election. At the meeting the secretary that controlled the ballots and two other people handling ballots were asked aren’t you the wife of a running member? Yes! Anther was asked? Aren’t you related to the president? Yes !daughter in law and another was cousin We started a petition to remove the entire board for not following deed restrictions and bylaws and they immediately started calling people and threatening them and posting deed restrictions violations against people on our petition . They immediately called for a meeting and now we are waiting to see if they will call for another election or step down. They say they have to talk to their attorney. We sent this information certified mail and I think we are supposed to have our own election after 30 days without a response. All we know is what we have read online and our Texas code book.
I also live in Polk county in a subdivision.
We have the same problem as the board of directors do not follow T.P.C or our by-laws. They make up their own rules. I have given property owners a chance to get rid of them with no results. July’s monthly meeting they announced a road assessment ballot will be sent to members. Included in the ballot is an annual road assessment of $100.00 per lot. And they said any ballot that is not returned will be counted as a yes. Right now we pay $90.00 annually per lot. So this would be over a 100 percent increase.
I NEED SOME HELP ON HOW CAN I RUN A PETITION TO GET THE PRESIDENT OUT OF OFFICE BECAUSE HE IS VERY ABUSIVE ESPECIALLY TO THE HISPANIC THEY ARE SENDING VIOLATIONS AND THREATENING TO FORCLOSE IF THEY DO NOT PAY THE FEES. I OWE THEM $1045 AS NOW IS GOING TO BE MUCH MORE NEXT MONTH.
Thank you for contacting the HOA Reform Coalition of Texas. We are not attorneys, please go to Attorney David Kahne’s website http://texashoas.abouthoas.org This website has much information helpful to homeowners. In addition, at the top right is a link “Contact info”. Click on that to post your problem to Attorney Kahne at no charge.
My HOA has $30,000.00 gone. No roads. Dumpsters removed. Swimming dock broken and underwater. Dam in danger. I fixed out of my pocket one road and dam so they sued me. I own more land than anyone here. It’s all connected also. They threatened me very often. I live in fear of losing everything over jealous and abusive power and mismanagement of funds as I once sat on the board and I know all too well of their corruption. I need help.
I have lived here near 20 yrs. I am in constant fear and depression with heart condition. My husband is disabled vet. We are being attacked.
Purchased a luxury custom home in a “gated” community in March of 18. HOA is not fully active because developer hasn’t turned it over to the HOA yet. Developer refuses to close gates during day and on weekends and keep neighborhood secure despite requests by several homeowners who thought they were buying into a gated community off a busy street in Arlington, Texas. Construction workers come and go at all hours unsupervised by custom home builder. They are given out gate codes for nighttime entry. Residents do not know if they are bonded or insured. Developer has not released financials for development despite several requests. Developer has not billed for 2019 contributing to neighborhood being unkempt with trash and debris.
In a city council member election can an a Texas HOA block an opposition candidate from campaigning door-to-door within the subdivision while allowing the HOA’s candidate unfettered access to the subdivision’s residents?
Shu Bartholomew http://www.onthecommons.us believes that when you live in an HOA you “have left the American Zone” and have surrendered your constitutional rights.
Ever since our POA was turned over to the owners in 2007, there have been numerous violations of the Texas Property Owners Protection act specifically as to open meetings. Finances have been discussed and minutes approved behind closed doors. In one “executive” meeting the summary included this statement: “All board communication must be handled in open meeting rule format and email communication between members may not occur to discuss specific issues.” I seriously doubt these board members have read or understood the law nor have they read or understood their by-laws. A group of us are trying to correct this and other problems. However, our resources and “recourses” are limited. We are making some progress but because of these violations, there is a lot of suspicion about what has been going on.
I sent our HOA an email disputing some late charges. I followed all of the necessary steps that they instructed me to follow. 10 days later I never got a reply from my first email but today I get another letter with over a $130.00 in additional late fees. How can they ask owners to follow the steps yet add additional late fees without even answering the first email that was sent?
The Texas legislature needs to change the property code to allow derivative lawsuits to be filed against HOA boards for violation of fiduciary duty. Right now the only way HOA members can be personally sued for violating their duty to the HOA is by a the HOA board itself. If it is a small HOA in which the board constitutes the majority of board members (as in our case), the HOA board members can violate their fiduciary duties with no repercussions because they cannot be sued individually and the HOA board can buy an insurance policy to pay for their legal costs. That forces the minority HOA members to spend a tremendous amount of their own money to fight for the rights that are theirs and that the HOA is supposed to protect. This has happened to us. Other states allow derivative suits to be filed against the HOA members for this very purpose.
HOAs – Texas 209 was improved greatly in 2015. NOW IT IS TIme to require HOAs to follow the full umbrella/scope of the Texas Open Meetings Act. Further, that there be some consequences for violation; even if as simple as Invalidating actions taken during these ‘secret’ sessions. In addition, Meeting notes of an HOA Board meeting SHOULD be published for owners within 30 days; hardly a difficult accomplishment for any Board.
My HOA is not doing anything regarding a complaint I made and is now insisting I use a special form. This form requires another neighbor’s signature saying they saw the problem too.
None of my neighbors will get involved and the HOA Vice President and her underling who sent me the new form know this very well.
Fear is always evident in HOAs – fear of being the target of HOA power.
My neighbor insists to write in an ex Fed felon with over 100 counts of grand larceny etc as a board for this coming our Property Owner’s Association’s election. He is also convicted on a perjury (misdemeanor A) at the county district court. And there are three criminal cases pending at the justice of peace and the county court. Can he be elected and serve as a board? HIs federal conviction was in 2003-2004 and the perjury charge was in 2012? Thanks for your reply.
Please read Texas Statute 209.00591 (b): “If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member was convicted of a felony or crime involving moral turpitude not more than 20 years before the date the board is presented with the evidence, the board member is immediately ineligible to serve on the board of the property owners’ association, automatically considered removed from the board, and prohibited from future service on the board.”
Management recently enacted a policy that automatically and without recourse places notes on owner’s credit reports. The HOA is unable to answer questions about this policy regarding process, notifications and privacy concerns using third party services not approved by the homeowners.
Independent Communities is having an HOA poll. Once you vote, you can see the results of how others’ voted. You can visit it here https://independentamericancommunities.com/2019/02/03/what-readers-think
I have left 13 messages to the HOA in the last week. My ceiling in my hallway has collapsed due to a busted water pipe. My insurance company can’t proceed forward with my claim because they need certain documents from my HOA . I need their cooperation so I can have my condo repairs completed. The HOA will not respond to me or my insurance company.
Texas passes HOA and Condo laws, but does not have a way to enforce them. It is up to the owner to enforce codes, etc. Look at my effort with Hide-A-Way Lake Club, Inc. Go to this site: http://www.godslittlehoa.com/
Our condo association is ruled by one owner that owns 70 percent of the condos No one can get on the board except who he wants because he controls the number of units. The property management used to work for him and their homeowners are stuck with the same president and no one else can get on the board.
One of the dangers of condo life is control by owners/investors of many units.
war wrote 2/17/19: Most of the 50 townhomes are now owned by three individuals who do not reside here (they see this as investment property) but they control
the majority vote. There is something implicitly wrong with the idea
that the people who do not live here decide how I and others will/must
live!
My HOA community had the same board members for 30 years. I am on my fifth year cleaning up the mob after the discovery of stealing our community funds. This is not just a random isolated case but rather the norm. Everywhere I turn I hear horror stories from people about their HOA board members.
They are bullying us, they are violating every law and they are stealing away our investment. The sad part is they are doing all that by using our beautiful hard working money to get the best lawyers for their defense. Our legislators must take action to stop these criminals. We need clear and strict laws and we need them enforced by penalties.
I wrote a letter to our Texas governor and he replied to me “The homeowners have the power to replace the board.” Easier to say than done. Our Governor lives in a cloud and he has not seen his fellow homeowners turned into criminal bullies as soon as they get elected on the board. The problem is real Mr. Governor, Mr. Senator, and Mr. State representative. Please don’t turn your back on us allowing greedy people to terrorize our lives and waste our hard-working investment.
Our state demands a license to have a dog and you allow some random ignorant people to run HOAs without any accountability.
I am going though the same problem in Navasota. The HOA is trying to charge the property owners with maintenance fees for work they have never performed. Ever!
I just wrote the senator ,mayor, city manager and now I am going to write the governor. I have tried to run for the board and every time they rig the elections. So I will invite the governor to be the person that does the recount. My HOA is stealing money right in front of our faces. There is nothing we can do because everyone says it is civil. I think we all should start emailing these people every day until something is done.
If I was to walk into a store and steal $50.00 worth of food to feed my family, I would go to jail. These people are stealing money for nothing but greed and getting away with it.
Our condo HOA Board imposed a new assessment fee on October 27, 2018, effective November 1. It must be paid in equal installments until April 2019. My unit will be $2100, that’s $350/month on top of the maintenance fees I pay of $224/month. No competitive bids, 3 day notice. Unbelievable!
OUR NEIGHBORHOOD IS HOPING THAT YOU CAN HELP DIRECT US TO A COUPLE OF ATTORNEYS WHO ARE FAMILIAR WITH HOA/POA TX STATE LAWS.
OUR CURRENT BOARD IS CONTINUING TO COMPLETELY DISREGARD OUR BY-LAWS, DEED RESTRICTIONS, as they continue RELENTLESS HARASSMENT TO THE HOMEOWNERS .
WE NEED AN ATTORNEY TO REPRESENT US, THE HOMEOWNERS AGAINST A BOARD THAT HAS GONE ROGUE !!! WE ARE STILL IN THE THROES OF TRYING TO RECOVER FROM HARVEY. THESE ARE OUR FELLOW NEIGHBORS who ARE HARASSING US.
Our HOA Board and the company they hired to enforce deed restrictions, pick and choose which deed restrictions they are going to enforce and which ones they are not. If you complain about a deed restriction they have not enforced, they say the board granted a variance, although the variance has not been recorded in the official public records also specified in the deed restrictions. I feel this is fraudulent and unjust. Deed restrictions and enforcement is supposed to be a dual obligation.
Our HOA fees doubled this year. We are not shown the books to learn where our money goes. Our streets are dirt. Paved roads are for those that are serving on the board or own several properties. There are a couple of property owners who have bought up several lots that monopolize the votes. One person has more votes than all other property owners combined.
The majority of folks in the community are retired on fixed incomes. The fees were increased from $650 to $1,200. No one even monitors or enforces the laws to ensure properties are kept clean. This is one of the main purposes of an HOA. We really need help to find out what recourse we have to clean house and get a legitimate HOA that isn’t taking our money, taking advantage of the old and not keeping up the neighborhood. Anyone who speaks up, is retaliated against by these felons on the board. Our members need help!!!
The property manager is a tyrant who controls our poorly run Board. The last idea was for the management company to use our funds to illegally re-stripe the curbs on a public road in the City of Houston and designate where we were allowed on a city street. We are not allowed to park on our own property without being towed and now the tyrant wants to dictate where we can park on a public city street. I have contacted the Parking Management Director with the City of Houston and he is looking into the matter. Re-striping a public road is a violation of the city code. We have been told to paint over the striping by the parking management office but I am waiting to get that in writing. What a shame that we have to go through this.
We can’t seem to get a quorum so we can get rid of this horrible Board and this really bad management company that calls all the shots.
The HOA chooses what they personally want and do substandard repairs. Recently I contacted the City of Bedford and when the board member found out he ripped up the wiring. Since then he has attempted to find any violation to cite me – all only proven false. I do strongly agree many HOA bylaws are written by persons who need to control others. My community suffers because of the volunteers who are given power by rules written to deny our right to enjoy the comfort of our homes. Help is needed.
My HOA dues go up and up, and services are less and less. I have a 1,500 sq. ft. unit in South Austin and pay almost $500 per month on dues. Way above comparables for the neighborhood.
We are supposed to have an external audit every year according to the bylaws to show where our money is going.
I’ve been here 12 years and we’ve never had one. I’ve requested several times and been told that an audit would require a ‘special assessment fee.’
Something is not right. I’m very frustrated. I’ve offered to be on the board for many years to help manage, but the husband and wife HOA president(s) have been the monopoly managers for almost 10 years with almost no change to the board members.
My HOA dues are almost the same as my property tax. And all I get is a few leaves blown around my porch every Friday.
Is there somewhere I can go to get some help with this?
Our state senators and state representatives should respond to homeowners’ complaints by insuring HOAs will be penalized for any infractions. It is a terrible injustice that HOAs have been given such power with no responsibility. It is a terrible injustice that no authority was established to oversee HOA control.
I’m new to the USA and new to HOAs. It seems that after consulting with my neighbors we are being targeted unfairly with ever increasing infractions for very minor issues where our neighbors are not.
Our trash is collected on a Thursday morning at 7am. My wife puts our bins out on the driveway on Wednesday afternoons so that I can put them out on the curb when I get home from work. We received several infraction notices about bins. At least 3 of my neighbors have bins on their driveways but none receive notices.
We often receive very vague infractions about the color of the stain on the fence asking that it be re stained without any information as to what the requirements are.
We’ve had them complain about the length of the grass which I cut every week when my neighbors do not and they don’t get infractions.
I’m so very tired of the stress and hassle involved. I wanted to put up a new fence, which was denied for lack of information. My neighbor who I share the fence with then replaced it and we got infractions stating that we have 10 days to take it down or resubmit.
Yet the same HOA does very little for our community. They do very little for our safety and they actively refuse to deal with the city for issues with the roads and sidewalks.
We received the first infraction less than 10 days after moving in while we were at the hospital birthing our son.
My HOA breaks every bylaw that’s been written; hounds us for money saying it’s due to more costs. They raise our dues yet nothing ever gets fixed or taken care of. I just want to know why no one in my HOA in Melissa, Texas, will stand and fight back?
To be a “Government of The People”, the people must unite and demand their senators and representatives represent them and not paid lobbyists. In their own HOA they must unite and elect boards that are able and just.
I live in an HOA that has not authorized the county Sheriffs Department to enter the gate and issue traffic citations. We have speeding, drinking while driving vehicles and golf cars, and minors operating golf cars with no adult supervision in the vehicle’s front seat. I wouldn’t recommend stopping vehicles or arming the security officers, but instead would suggest radar and dash cams for vehicle and license plate identification. Also, have all golf cars numbered to eliminate pulling over children.
I own a Condominium in Texas in a mid rise building. There have been leaks in building from various sites. There have been some repairs, but the leaks continue.
The unit next door, has become available and I am considering buying it.
I want to ask the HOA for information about what knowledge of the leaks they have. I would also like to know of any deferred maintenance that they have knowledge of.
The board is very secretive and never answer direct questions about leaks and damages or maintenance. I am curious what
format should I use.
My HOA enacted a rule allowing golf carts on HOA pedestrian walkways. However, there is a City Ordinance on golf cart use that forbids golf carts on pedestrian walkways. HOA says they permitted it for both. City granted permit. Seems like a conflict of reasoning here.
I have understood that HOAs can be more restrictive than City ordinances but not less restrictive. Where can I get a proper determination on this without litigation? The Attorney Generals office or other? How do you get something like this in front of the Attorney General?
When the Texas legislature authorized the formation of HOAs, there was no provision for oversight.
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.
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.
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 .
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!
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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)
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.
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.
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.
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.
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?
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?
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.
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.
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.
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.
Until they are victims!
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?
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.
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.
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?
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.
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?
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.
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.
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!
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.
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?
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.
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.
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.
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.
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.
HOAs need state over-sight NOW!
See this site for a complete over-view.
http://www.godslittlehoa.com
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.
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.
I just became a condo owner and the association ignores all my complaints.
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?
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.
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.
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.
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.
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.
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.
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?
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.
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
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.
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.
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
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.
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.
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.
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?
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.
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?
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.
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.
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
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.
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?
Review your HOA docs. In addition, many cities have street parking prohibitions. Also consult your city ordinances.
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.
In our HOA the president refuses to hold required HOA meetings and refuses to release financial data for the HOA.
Our HOA board voted to change the intent of a vote by the people.
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.
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!
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.
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.
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.
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?
My HOA went from an already steep $330 every quarter, to $570 every quarter in just the last few months.
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.
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?
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.
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?
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.
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.
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.
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.
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?
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.
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.
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
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.
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?
The Texas legislature has not yet provided any oversight agency to aid homeowners in HOA problems.
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.
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.
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.
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. !!!!!!!
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.
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.
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.
Is there any government run regulation body like the one in Nevada to watch over the runaway HOA boards in Texas?
There is a board member (president) who, without any other board member’s approval, hired a lawyer with a state conviction to go after a resident. This same board member has violated a deed restriction and is still in violation. He has had previous issues with other HOA boards.
No agency was established to oversee and demand accountability of Texas’ HOA boards. HOAs write the laws, issue citations, and render punishment.
HOA or POA boards need to be punished or removed as well, if they act for CONflicts of interest and enforcing selective deed restrictions upon other members but themselves. And they should be accountable against their own actions if the boards are running their own interests without receiving other board members and 2/3 votes from the members of the associations.
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.
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.
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?
Agreed. Why have an HOA?
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?
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).
Experts promote white roofs to save energy. Could HOA regulate the color of our roof simply for looking all the same?
Go to the following link to learn the powers of HOAs. Especially pertinent for you might be # 6, or the HOA docs might control. As I am not an attorney, I cannot give any legal opinion.
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.
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”.
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.
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!
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.
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?
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.
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?
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.
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”.
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.
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.
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?
As I am not an attorney I cannot give any legal opinion.
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.
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.
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.
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.
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.
See Texas Property Code Section 209.0051 – Open Board Meetings
Click to access PR.209.pdf
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?
Board Powers from Property Code 204.010:
This is a direct link to the Texas statutes, with the latest updates. http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.204.htm#204.010
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.
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!
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.
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?
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.
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.
All power has been given to HOA boards. See: https://hoareformcoalition.org/texas-property-code-sec-204-010/
Boards can contract for services and homeowners must accept even though they do not want or use the services. As the saying goes: When you live in an HOA you have left “The American Zone”. Privatization means this HOA government denies homeowners their rights as American citizens.
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.
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.
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.
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.
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.
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.
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?
We don’t even get an approved budget but a proposed budget and no breakdown of such expenses during the year.
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.
The answer could depend on what the documents say, and on when your fiscal year begins.
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.
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;
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.
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.
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.
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.
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?
Attorney David Kahne has information on Texas HOA laws at http://texashoas.org/
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.
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.
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.
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.
Please go to this website: http://texashoas.org/
You will find listed the major changes in voting since the 2015 Texas Legislative session as well as other major changes. I believe you will find this information helpful.
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.
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.
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.
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.
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?
How can my hoa board sell land without a vote from the owners in the hoa?
An attorney stated,”It may be authorized.”
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”.
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?
Since the Texas legislature did not provide an oversight agency, the burden of HOA abuse problems falls on the homeowners. Here is a paper on how to reclaim your HOA: http://www.hoadata.org/ReclaimHOA.pdf
It is also important for you to contact your state legislators informing them of your problems.
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.
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.
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.
Go to this link: https://hoareformcoalition.org/marketing-of-hoas/
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.
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?
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!
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.
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!
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.
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?
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)?
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?
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.
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.
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.
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.
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.
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?
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.
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?
Forewarned is forearmed.
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?
Can a Texas HOA disallow sheds to the homeowners, but utilize them openly on common grounds themselves?
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.
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.
Here is a paper on how to reclaim your HOA: http://www.hoadata.org/ReclaimHOA.pdf
Hello, I need your help or advice on reclaiming our HOA!!!
Installed wrong colored roof, being sued,
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.
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?
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.
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?
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!!
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.
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 ?
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?
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?
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.
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.
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?
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.
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.
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.
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.
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;
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?
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.
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?
Perhaps this paper will be of help to you.
Click to access ReclaimHOA.pdf
HOAs are a privatization of government and answer to no governmental agency. Homeowners must unite locally and statewide.
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”.
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?
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?
Homeowners must unite to reclaim their HOAs. Here is link to paper:
Click to access ReclaimHOA.pdf
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.
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.
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?
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.
The association attorney was confirmed as inspector of election . Item on ballot is over 3 million dollars.
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.?
I did not find any in 209.
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;
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.
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?
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.
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.
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.
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.
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?
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.
There is no penalty in the 209 law if HOAs violate the law. This has got to change.
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.
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”.
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?
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 .
Please see my web site for the complete story on an out-of-control HOA.
http://godslittlehoa.com/
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!
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?
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.
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.
My HOA will not return my phone calls or inquiries. What do I do?
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?
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.
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!
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.
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?
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!
There is a 4 year statute of limitations concerning enforcement of deed restrictions.
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.
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?
Can an HOA invest money in property they do not own?
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.
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?
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.
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?
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.
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.
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?
One attorney stated that the title company should provide the first line of defense.
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.
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.
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?
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?
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.
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 !!
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.
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.
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.”
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.
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.
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?
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?
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.
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.
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?
Consult your HOA documents.
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!
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.
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?
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!
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?
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.
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?
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?
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.
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.
Greed is never satisfied. Openness, disclosure are anathema to the HOA Industry.
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.
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.
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.
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?
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.
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.
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.
How can I find out if HOA Committees in Texas are subject to Open Meetings — or is this requirement just for HOA Boards?
Searches did not reveal any requirements for open meetings for committees.
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.
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????
We’ve had no meetings, no financial reports in years in our subdivision in Fla, how can we go about dissolving the HOA?
Your best HOA information in Florida can be found at Jan Bergemann’s website: http://www.ccfj.net.
By laws state my HOA can enter to maintain, repair, and maybe even to ensure my unit (above another) is not going to leak, or collapse onto the unit below.
The problem is, I can tell when they’ve entered. Something is out of place. Food is missing.
I resent this and asked the association president (in a voice message) if they can make an appointment when they come. She hasn’t answered and I just wondered what my rights are for when she does call. I couldn’t find a similar situation addressed anywhere after a short search on the internet.
Our area was in foreclosure twice and picked up a third developer via the FDIC; (the bank foreclosed on the property and then the Bank was closed by the FDIC ). The area has 4 streams that flow to the Gulf. Unfortunately, all three developers platted between the tributaries and left the streams as tracts with no final Master Plat filed. One stream was made into two retention ponds. They remain Unplatted. According to our CCR’s, and the City, tracts cannot be part of the common area. In fact, we have no common area, as the electrical/telephone etc. encroached on Owners’ lots with an easement signed by the City. The brick fences were placed 10’ft into the owners property to borrow the easement from the owners to get electrical to the Unplatted pond area., but repair and maintenance was assigned to the whole association.
Multiple problems and questions.
We must hope that the 2015 legislature will provide government oversight of HOAs to help homeowners who have been neglected for almost two decades. It must be an independent group with no connection to the CAI/HOA industry.
When we moved into our community it had a pool. After a year or two, money was missing from the HOA and the pool eventually closed. I don’t know what happened to the money but the pool is still closed and our dues have actually gone up. Any advice on this situation would be appreciated.
Fraud and embezzlement cases are constant. HOAs should be subject to Open Meetings and Open Records per Government Codes 551 and 552, and subject to government oversight to protect homeowners.
My HOA refuses to meet…it’s been 2 months , now going into our third since the board and property management have met. At the last meeting the board and property manager got called out in mismanagement. They left the meeting very angry and haven’t met since. Is there anything we the home owners can do to force a meeting…or have our own?
Hopefully the following paper will be of some help to you and to your neighbors:
Click to access ReclaimHOA.pdf
Our HOA assessed us a $50 fine for not submitting architectural plans for a pergola built before we bought the home. The HOA refused to remove assessment and will increase assessment. I am being bullied with the HOA’s ability to increase the fine. Can I sue?
In my HOA, the past president of the HOA quit his position. He then started an HOA management company. Shortly thereafter, our HOA Board hired his management company to be responsible for our HOA. He is the one who makes the rounds and writes and sends violation letters. He still lives in our development and now makes money off it. He also can obviously pick and choose who gets the violations. Its a great buddy system. Is this legal, or just unethical business? This has been going on for a while and no one has been willing to fight the board.
Can relatives from different households be on the same board or is that a conflict of interest?
Your association documents should be helpful in answering this.
Can an HOA come on your posted no trespassing property and tear down a building legally?
Advice that I have received is that it might depend on the deed restrictions and other circumstances.
We just sold property in Texas just after we paid the upcoming property owners assn dues for 2014-2015. When we asked for the POA to refund our dues and fees, they said it was a matter between the new owners and us. I don’t believe that could possibly be true since the POA has our money…right?
Advice that I have received is that such matters are often adjusted at closing for the sale. Refund would not be expected from the HOA.
I am so unhappy in my Community that I am selling a beautiful home in a beautiful park like setting to get away from the neighbors who are both on the board and ACC which is part of our board
I think every HOA should have a buy out option to allow everyone to choose whether they want to belong to the HOA. It could be renewed annually.
I am in two HOAs right now as a result of owning multiple properties. Both are operated by corrupt people. It’s true absolute power corrupts absolutely!
I was not able to submit a message on our HOA message board. I sent an email to the board member responsible for the message board, and got the response all my emails will be under review, and I am placed in a “moderated” status.
I have posted subjects critical of the HOA board and our management company. These have been deleted from the message board.
When a person creates a message on the board, and presses send, it is immediately posted on the board. My messages take one or two days to appear on the message board, and only those that are non political.
Is there anything I can do about it?
PS: Will I not be allowed at future HOA open meetings?
Here is another example of HOA control – and the need for independent governmental oversight. Homeowners should not have to incur the expense of hiring an attorney when denied their rights.
My HOA is using an attorney(?) to write threatening letters that are not based on our by-laws or on Florida statutes. These frivolous lawsuits serve no purpose other than to harass homeowners and possibly get the owners to pay because they fear the board may obtain a lien on their property.
f
The effects of threats and harassment on homeowners by HOAs has been studied by Professor Gary Solomon: http://hoasyndrome.com/Article__HOASyndrome9_12_10V4.pdf
Can my homeowners’ association spend our money on state lands maintenance?
Review your HOA By-Laws and other HOA docs.
If an HOA holds its annual meeting with a quorum, and now indicates that not enough votes/proxies were submitted to pass the Covenant’s new amendment, what is the percentage of households that have to vote? If they did not get enough households, does this constitute a disapproval of the proposed amendment?
Perhaps Sec. 209.014 of the Texas Property Code might be helpful.
How often do you have to have an HOA meeting ? I have lived here for 14 years and have never had a meeting . I pay 240 dollars a year.
See: http://www.statutes.legis.state.tx.us/SOTWDocs/PR/htm/PR.209.htm
Sec. 209.014. MANDATORY ELECTION REQUIRED AFTER FAILURE TO CALL REGULAR MEETING. (a) Notwithstanding any provision in a dedicatory instrument, a board of a property owners’ association shall call an annual meeting of the members of the association.
(b) If a board of a property owners’ association does not call an annual meeting of the association members, an owner may demand that a meeting of the association members be called not later than the 30th day after the date of the owner’s demand. The owner’s demand must be made in writing and sent by certified mail, return receipt requested, to the registered agent of the property owners’ association and to the association at the address for the association according to the most recently filed management certificate. A copy of the notice must be sent to each property owner who is a member of the association.
(c) If the board does not call a meeting of the members of the property owners’ association on or before the 30th day after the date of a demand under Subsection (b), three or more owners may form an election committee. The election committee shall file written notice of the committee’s formation with the county clerk of each county in which the subdivision is located.
(Read more on link)
I am in the process of following through with a suit against my HOA, for not following the CC&Rs as well as the ByLaws. I’ve spent 2 yrs asking questions to which I’ve received no answer. The little I’ve learned leaves me alarmed. I have to follow the contract I signed with them, but apparently they do not, and I want that corrected to maintain my property values. All that said, I want others to know that living in an HOA where others have control is not healthy and my suggestion for anyone who reads this is to find a home community with as few amenities as possible or preferably to live free and independent outside an HOA. They’re very seductive until you have a problem. It’s not easy or financially feasible to have to pick up and move nor is it easy to switch out the Board and get on the team. Live free.
We live in a neighborhood with an HOA but our house is grandfathered out. The HOA continues to send us renewal notices and violation letters. We call them everytime to remind them we are not part of the HOA. Is there a way to get them to stop harassing us?
Are there any HOA legislators or lobbyists we can reach out to?
Today the manager of the HOA (who is not a homeowner) told a homeowner that it would not matter if she got 50% of the home owners to vote because the property manager still would not let the homeowner on her board. WHAT GIVES HER THAT RIGHT?
Please tell me how to find out if it is the homeowner’s responsibility to maintain fence that was constructed by the developers of a subdivision, and previously maintained by the HOA. This fence is the length of a major street and serves as the border line of the northern section of the subdivision. The fence is not connected but it is directly aligned next to a stone column that is located at the entrance of a section of the subdivision. There are new people in the office now and they are sending letters to the homeowners demanding that we repair the fence.
The activity on this forum has prompted me to contact my state representatives, senators, etc. Here is the email I sent:
I am an angry homeowner who lives and abides by HOA regulations. I keep a beautiful home but yet am harassed by an intrusive HOA. The reforms that were passed last year have done NOTHING to protect homeowners from micro managing HOA’s that are operated by people who have nothing better to do than to nit pick their neighbors.
If you check out the website http://hoareformcoalition.org on the complaint section you will see multiple complaints on a daily basis from HOA members who are being harassed and abused by their HOA’s.
I implore you to put a stop to the fascist tenor that HOA’s have become in this state. We are suffering from too much government on every level. Please help us to have quiet enjoyment of our homes by limiting HOA’s. Pride of ownership should suffice with living within a community. Make HOA’s voluntary.
It is becoming impossible to own property without mandatory HOA membership. What happened to freedom to choose? Please help homeowners who are being harassed to the point we can’t enjoy our homes any longer and it’s putting neighbors at war with each other.
Where can a unit owner put a complaint against the Board if we know that Board members are not paying monthly assessments? The Property Manager is aware but lets it go. We also think they are doing other illegal activities. Who can we get to audit the books?
There is absolute need for an oversight government agency for HOA problems. This agency must have no connections to the HOA industry.
Are there laws stating that homeowners associations have a certain timeframe to respond to a request such as a pool being put in? Are new homeowners required to get a copy of the association’s bylaws and statutes when purchasing a home?
Texas Property Code:
Sec. 207.003. DELIVERY OF SUBDIVISION INFORMATION TO OWNER. (a) Not later than the 10th business day after the date a written request for subdivision information is received from an owner or the owner’s agent, a purchaser of property in a subdivision or the purchaser’s agent, or a title insurance company or its agent acting on behalf of the owner or purchaser and the evidence of the requestor’s authority to order a resale certificate under Subsection (a-1) is received and verified, the property owners’ association shall deliver to the owner or the owner’s agent, the purchaser or the purchaser’s agent, or the title insurance company or its agent:
(1) a current copy of the restrictions applying to the subdivision;
(2) a current copy of the bylaws and rules of the property owners’ association;
The HOA at my condominium complex has $5000 in reserves and the assessment has risen from $155 to an astounding $287 in 6 years. None of the units have been painted in over a decade; no new roofs in 15; and only power of street lights, water, grass cut, trash, sewer, and a disgusting joke of a pool for 3 months a year. The last year there were over $500,000 of dues collected and the property is NOT that big. My house is on the market and for three months no board members or members of the property management company will provide documentation of appropriation of funds for my real estate agent. I don’t know what to do and my home is beautiful because I painted and landscaped myself. Even after that people can’t justify my dues. What should I do?
Our HOA has deliberately scheduled the annual meeting at 2 in the afternoon. It is going to be downtown 20 miles away from the subdivision in a different city. This will make it where most of the homeowners cannot go. Can anything be done?
Our HOA in the community I live in Plano, TX is in chaos. We just had a questionable election and the Management company has not given us the final vote count or will allow us to review the proxies. Not only that, but the Management company will not allow us to look at our finances to show us transaction history or balances. What can we do?
Our property management group in Dallas keeps billing homeowners for extra fees $1,200 and $800. No legitimate reason.
They are now billing all homeowners for a major office fire. $800.
Should be insurance paid.
Is there a board in Austin who we can complain to? Who are they accountable to?
Is a BOD legally seated if there is no election as a quorum could not be established? Essentially, our Board is self-appointed.
Every board member (except the treasurer) of my HOA voted “yes” to purchase a bench for our pool area. The treasurer is refusing to purchase it even though we have $25,000.00 set aside for pool projects. The bench costs $800.00. What can I do? Our president asked him to make arrangements with me to purchase it, but when he said, “No” our president backed down and will not stand up to him. I have documentation (all the yes votes were emailed) that we have an overwhelming majority FOR the new park bench.
Tired of 1 person controlling the board.
According to a recent CAI paper, you are enjoying one of the “…private governing boards composed of homeowners who are elected by their neighbors to lead their associations.”
Can some real, experienced attorneys in fort worth, TX and also other areas, who are not builder-title company-HOA associates, post their contact information. This will help for the concerned home owners to file lawsuit to get written the survey correctly with correct property acre size given in the builders advertisement. Fot first time buyers, it is impossible to get written a property with property correct acre size by the current system. All the home land will go in the name of easement in one or other way, if the home buyer is a first time home buyer.
I am having issues with my HOA regarding a drainage easement that runs between my property and my next door neighbor’s who also happens to be the HOA president. He has used the HOA attorney to represent him in harassing us with letters to cease and desist on trying to stop water velocity from washing away our lot! He refuses to allow the board approved repair plan to proceed because he doesn’t want the easement to be on his property as it was originally platted. We are paralyzed by his resistance to do anything other than to keep us from trying to keep our property intact. Instead of talking to us as a neighbor, he just went straight for the legal approach (he is an attorney too). At the very least I think it is misappropriation of HOA resources or conflict of interest. Our board is not responding to ANY communication from us; no calls returned, answered or email replies. We love our home but HATE what this has done for our quiet enjoyment of our home. They oppose my husband hauling rocks from a nearby creek to support our retaining wall. It would be a simple solution to just allow the $5k plan to proceed that was proposed by a civil engineering company.
I would love to have legal resources available here that are NOT representatives of HOAs but have experience in how to overcome adversity caused by the HOA that is “non profit” and self managed. I live in the Denton area.
Additionally the HOA has postponed the general membership meeting that is required by the by laws to be held twice a year in Oct and March. We agreed to a postponement to April and still no HOA meeting.
Total power with no accountability was the legislature’s gift to HOAs. Homeowners must unite and exert the Power of the People. Demand an oversight agency independent of all HOA influence to provide justice to homeowners. Contact your state senator and state representative to demand this agency.
When we purchased our home, we were informed it was part of an HOA, but neither our agent or the title company could verify who the management was. We closed on the house and never received any info about the HOA and even asked neighbors whom to contact. Nobody knew whom to contact. After the first year we received a past due letter for $300 with no contact information other than a PO box. We researched and finally found the phone number and address of the management company. We made a partial payment, explaining that we had never been notified what the dues were, never received deed restrictions or anything. They never came forth with any documentation, other than a month later sent a notice for payment due and $50 late fees. We made the payment, less the $50 late fee and the management company emailed the board to see if they would agree to drop the late fees. That was 5 months ago and we never received a reply. We did receive a statement that the board had voted to increase the fees to $350 annually now. For reference there are about 42 homes in our community. I think the fees are outrageous and feel kind of cheated and unwelcome in the community. Any suggestions on where to go from here, or are we just stuck?
I have an issue with my HOA in Dallas, Texas, not fixing a slab water leak. According to the bylaws, the HOA is responsible for fixing the problem. Now, 5 months later, they still haven’t done anything except send out a mold company which stated I now have mold problems. I need help. I am paying dues but can’t rent, sell, or do anything with the empty property.
I have been cited with a violation not included in the Documents by the corporation of my Florida deed restricted community–for not trimming my bushes and trees that overgrow my property line into my neighbors property. What recourse do I have?
Jan Bergemann jan@ccfj.net could best help you in Florida.
Can a townhouse/condominium HOA keep investors from purchasing a unit or units for rental?
This would depend on the Deed Restrictions.
I just moved into a new home and I wanted to extend my fence on the sides. I am on a corner lot and there is new construction all around. I have my sister and mother(disabled) living with me and wanted to protect them while I am at work. I was advised during the construction of the house to wait to extend the fence as it would probably be cheaper.I had checked with other fence companies for estimates and realized the company the builder uses is cheaper, so I signed a contract with them. They came and put up the post and immediately I got a call from the HOA attorney telling me to stop or a lawsuitwould take place. I told him the extensions have been done with other neighbors in the neighborhood. But he insisted I put in for an approval from the board. I went immediately to the HOA office and put in a request. I told the community manager that there were several owners in my area that had moved their fences up. She kept saying she didn’t know of others. I told her that an aerial view of the subdivision shows all whose fences are extended. The board gave me only permission to put the fence on the street side but not the interior side. I have windows on both sides that I am trying to block easy access to. Will getting an attorney be the only way to fight this if a lot of the people in the subdivision have fences extended?. Is this discrimination?
I need help. My HOA has not contacted me in more than 3 years. They have not returned my attempts to contact them, though the manager will deny this. There was a secret BOD meeting and where she was elected her to the board. Now I am being sued (I found out by being served). I don’t mind paying back fees but I do not want to pay fines because they have not contacted me. Also, there are many things listed in the deed they are not doing/enforcing. They went 2 years without having a meeting. They elected the manager (who gets paid) the owner of the lawn company (who gets paid) and a lawyer (who gets paid) to the board. Two of these don’t even own property here. There has been a homeowner requesting to be on the board for 3 years and they have flat out told her there were no openings. Any ideas on how I can fight this?
How to Reclaim Your HOA http://www.hoadata.org/ReclaimHOA.pdf is a paper that may be useful to you. If you are being sued, you may have to seek legal counsel.
I live in a Texas HOA community. We read the deed restrictions and there is nothing in them that pertains to play structures. We were served with a notice that our play structure violates deed restrictions because we built an improvement to our property without approval. There is no definition of improvement in our deed restrictions and the structure is not considered as such by the county, city, real estate appraiser, IRS or title company. There are many similar play stuctures in the neighborhood which are visible from the street. Ours is not. None of them are in violation nor did they get approval. I have asked. So can they pick and choose what defines an improvement on a per case basis? The only recourse they’ve given us is to request a hearing. Do I need an attorney for the hearing?
Until recently I had never thought any thing about HOAs. I feel that people who chose to live in an area governed by a HOA was a choice and could be a good thing, if run properly. At present I am a member of an HOA that has not had a meeting in at least 4 years. Today I spoke with the named president and was told, ” I have washed my hands of the HOA. You can direct any concerns /questions to the treasurer’s husband”. Now if my understanding of an HOA is correct, the officers of an HOA are elected. If a president steps down, then a meeting should be held to elect a new president. Since there have been no meetings in over 4 years, this has not been done.
One thing that should be required of any HOA is to be registered with the state. A correct list of all officers of the HOA should be listed. I am unsure how others feel but I know for myself that trying to locate a person responsible for the HOA and being told that person has stopped all duties and handed the position over to someone else is not good order or good government. There needs to be some governmental entity that has regulations in place. Meetings should be required at least annually, and all records should be available to any member when requested. Members of the same household should not serve concurrently. Having a treasurer and a president married does not uphold the integrity of the HOA.
A governmental office is needed that would oversee all HOAs in the state of Texas. When dues are paid on time and work that should be getting done is not being done, then either an HOA should be abolished or someone needs to be held accountable.
It is hard to know where to start! We are in Dallas. My HOA board has not had a meeting with the owners since November 2012. The management company does not answer calls, and when we go down there the PM is never in. There are 5 owners who live on site and all of them are scared to even walk around the property. There are drug dealers sitting in cars in peoples’ parking spots all day selling drugs. There is trash all over the property and at night, lights are out and it is dark. The building was painted wrong 5 years ago and now the wood is rotting off the building.
When I bought my unit in Jan 2013 they raised the HOA dues from $250 to $383 a month. Then in April 2013, they added a special fee of 48 dollars a month so they could pay for painting the building. They have not yet done any painting. It is a year now. My value is $70,000 on my unit however no way I could get $35,000 for it because the outside looks so bad with the people sitting in cars selling and smoking drugs.
There was a fire across the way from us 2 months ago, and they had to bring in security to guard the units and clean things up. The insurance from HOA paid for security, and it was starting to get safer. The owner of the management company has now told the security company they are no longer needed because he thinks it is safe now. Since they have been gone, 2 cars have been broken in to. People are going in to the units where the fire happened, taking stuff with no one to stop them. There are people staying in the units at night.
There are 5 owners who live onsite that are tired of what is going on, but since the President and the Board own more then half of all the 52 units we can’t do anything.
Is there anything we can do? or are we going to have to take a loss on our unit when we sell it for $30,000. We prefer not to have to move, but we feel our lives are at risk living here.
When investors have control of condos, the individual owners are the losers.
Here is my problem. I asked the board president for the name of the architectural committee’s chairman, and he said “no.”
Using the HOA web site I e-mailed every board member a request for the ACC chairman’s name and the names of the committee members. I included the fact I am entitled to these records per state law as a member of our home owners association.
No answer from anyone, and, I expect no one will ever reply.
In addition, two years ago I attended a seminar on the 209 law with a few board members and the presenter stated a HOA does not have to comply with the law because there is no penalty for not complying with the law. Why has the legislature imposed penalties on homeowners and not on boards that violate the law?
And when will the legislature acknowledge its error and correct this injustice?
Who enforces the texas property code ? The HOA has violated at least four statutes. Who do I report to?
The HOA laws were written by the HOA industry to benefit the HOA industry. The legislature, in enacting these laws, has neglected to provide any protection for the homeowner. There is no agency to provide justice. When homeowners are deemed in violation of any law, there are provisions for immediate penalties. When HOA boards, management companies, or attorneys are in violation there are none. The HOA industry has lobbyists constantly working the halls of the Capitol to ensure HOA control. It is time for the “Power of the People” to regain homeowner control.
I heard a rumor, that I hope is true.
If the HOA or POA has not filed a current Management Certificate with the county Clerks office, the association is not operating legally and in effect they are powerless over us the home owners.
Please tell me this is true, also when are they required to refile? Are there any other documents that may not have been filed that could be used against them?
Sec. 209.004 of the Texas Property Code on Management Certificates should answer most of your questions.
No, I don’t understand. It says they should file but doesn’t seem clear what it means if they don’t and what exactly is a management certificate?
Sec. 209.004. MANAGEMENT CERTIFICATES. (a) A property owners’ association shall record in each county in which any portion of the residential subdivision is located a management certificate, signed and acknowledged by an officer or the managing agent of the association, stating:(1) the name of the subdivision;(2) the name of the association;(3) the recording data for the subdivision;(4) the recording data for the declaration;(5) the name and mailing address of the association;(6) the name and mailing address of the person managing the association or the association’s designated representative; and(7) other information the association considers appropriate.
Can a Board member of our Home Owners Association own our website? The board member claims that she personally owns the rights to the community’s website domain. She refuses to relinquish the “rights” to the members, and is forcing the association to purchase a new domain and to suffer the related costs of creating a new website, after the community had supported the site for over 10 years. She has become disgruntled since she lost her position of President and when it came time to update the website, she refused to allow changes and that is when she told the remaining board that she owned and ran the website and she would not give permission for any changes to be made in the website. The board then was forced to pay for a new website host and the rebuilding of the site. We the members are required to pay for the expenses. Can this board member do this legally and or ethically?
One attorney stated:
Ethically I would say the answer is NO. Legally the answer is more complicated. But, if they already have a new web site, and already have paid, then the only question is whether to sue the former board member. Is that really a good use of time and money?
We were told as I am sure many others have been, that the home we were buying had no HOA . The closing attorney agreed with agent there was none. A few months after moving in neighbors started rumbling and talking and complaining . Long story short we are caught in this now . This was to be our retirement home and our budget did not support HOA dues . We are searching for anyway to get out of this legally or we may be forced to lose our retirement dream home we have worked to get for 45 years.
As always, it is important to have all provisions in writing.
I’m in a Texas HOA and I was wondering if I’m allowed to have a playset built in my backyard. If so, how do I go about getting permission to do so? First time home owner and I don’t want to start with a conflict with my HOA.
Individual HOAs have their own by-laws and other governing documents. Adhere to these and see if there are forms that you must complete before any activity is started.
Our board of directors will not hold regular meetings according to Texas state law.
They will not deliberate or vote on issues at the regular meetings. The board only tells the decision that has been made at the regular meetings. Decisions are made privately and the board tells members what they decided at the next regular meeting.
I own a home in a Texas HOA. Our meetings have always been open to all who happen to be in the hall when the meeting starts. I received memo in my mailbox titled “General meeting policy”. It states this is a private meeting for members of the association. It welcomes visitors; renters. As a private meeting the board is requestng NO RECORDING of the meeting other than the secretary, who will delete the tape when minutes are written. Members who speak at the meeting have a right not to be recorded. Leave recorders off and out of sight. Also cell phones must be off and out of sight. By directors of association.
Does this contradict Texas one consent law for recording? Can we record meetings for our own personal use – ( hard of hearing )
If a board member is contesting an election because there are missing votes what is the current state of the board?
Texas Property Code 209.0057 (d) should answer this. Further: “Any action taken by the board in the period between the initial election vote tally and the completion of the recount is not affected by any recount.”
My HOA has a committee that is rewriting the covenants which will require a vote of the homeowners. This is a perfect opportunity for the homeowners to fight for protections. Do you have a list of protections that should be included; sort of a homeowners bill of rights?
My list to improve my Texas HOA:
Prohibit deficit spending
Spend dues receipts only on the items that fall under the stated purpose of the HOA
Openly communicate the rules and regulations
Offer alternative dispute resolution for dispute resolution
Be fair and reasonable about fines
Prohibit foreclosure that is solely a result of delinquent dues, assessments and fines
No infringement of owner property rights including quiet enjoyment
Allow owners to speak without retribution or vilification
Avoid litigating with the owners, litigation should be a last resort
Yes. Here are three links. Two are for Attorney David Kahne’s summary and the full report on the Rights of Homeowners in Associations.
Click to access Kahne_summary_report.pdf
Click to access Kahne_research_report.pdf
Another paper was written many years ago by Tom Adolph.
Click to access TexasLaw.pdf
I just attended a meeting of our POA. I was hoping to get information about elections.
I have lived here for almost 8 years and the same people have always been on the board.
I was told the election would be at the annual meeting, but they did not know when it would be held. I was told there would probably not be any open board positions as they stagger the terms so that only one or two are available at any one election.
I have never been notified about how to get on the ballot, or what positions are opening up.
I was advised to send a request in writing or to go to the title company that handled the closing when I bought the house and get all the information from there.
How could my neighbors and I go about removing these people and getting some representation on the board?
Your problem is so common that a paper was written on this many years ago. Hopefully it will be of some help to you and to your neighbors:
Click to access ReclaimHOA.pdf
Are there ways to limit HOA expenditures to strictly maintaining the common areas and enforcing covenants? My HOA wants to spend money on social activities. There is no mention of social activities in the covenants.
Property Code 204.010 gave all power to HOA Boards. The people must unite to elect board members who truly represent them. The people must unite to elect legislators who will truly represent them and not the lobbyists.
Our HOA Treasurer has served two consecutive three year terms. Is this allowed? (Texas Non Profit HOA)
Consult your ByLaws for length of term and number of consecutive terms that can be held.
Our Bylaws do not place any term limits on Board members. We have had Board members serving for 15 years in a row. Our Board elects Officers after each Annual Election.
I also want some form of term limits imposed, but it has to be done in the HOA’s Bylaws or CC&Rs.
Are proxies considered a ballot?
Sec. 209.00592. VOTING; QUORUM. (a) The voting rights of an owner may be cast or given:(1) in person or by proxy at a meeting of the property owners’ association;(2) by absentee ballot in accordance with this section;(3) by electronic ballot in accordance with this section; or(4) by any method of representative or delegated voting provided by a dedicatory instrument.
Do proxies that homeowners assign to other homeowners become the property of the HOA and therefore become public information available to other homeowners? Can copies of the proxies be given to another homeowner?
According to the Texas Property Code:
Sec. 209.00594. TABULATION OF AND ACCESS TO BALLOTS. (a) Notwithstanding any other provision of this chapter or any other law, a person who is a candidate in a property owners’ association election or who is otherwise the subject of an association vote, or a person related to that person within the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, may not tabulate or otherwise be given access to the ballots cast in that election or vote except as provided by this section.(b) A person other than a person described by Subsection (a) may tabulate votes in an association election or vote but may not disclose to any other person how an individual voted.(c) Notwithstanding any other provision of this chapter or any other law, a person other than a person who tabulates votes under Subsection (b), including a person described by Subsection (a), may be given access to the ballots cast in the election or vote only as part of a recount process authorized by law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1217, Sec. 3, eff. September 1, 2011.
I bought my condo 3 years ago and my condo fee was $237.00. We were told there was not enough money to do repairs. My fee was then raised to $273.00, and again there was not enough money to do repairs. The fee increased to $306.00 and then to $328.00 and still no work has been done. Now they are asking $10,440. special assesment. None of us know where we are going to get all that money or if the work will be done. There are many questionable factors, e.g. the builder owns the association plus 42 other complexes besides this one.
In order for my HOA board to maintain control after a resignation, they have appointed a non-member to the Board. The appointed board member does not own any property within the subdivision. However she is a friend of the other Board members. Now our Board is looking at a bylaw amendment to change the requirements to be a Board member. Just seems wrong that a person who is not a member of the Association, who doesn’t have a vote per the DCRs is now deciding on what the members are to comply with. How can this be legal for a non-member to be on the Board?
Privatopia writes its own laws. Life in a corporation does not guarantee protection of the Bill of Rights.
My HOA will not take care of a simple recurring sewage issue until we have been exposed to nasty sewer water bubbling up through the manhole covers in front of our home. Last year it took getting the Health Department and the Mayor’s office involved.
I lived in a community with a great HOA in Corpus Christi. All self run, no property management company. The board was the best. Any time you had a problem or an issue they were there to serve. WHAT A NOVEL IDEA.
Fast forward 2 years. We have been here for a year and the annual meetings are a joke, more like elder abuse. The president is all full of herself and the other board members never speak. If you dare ask a question you will be told that you should have let them know ahead of time. Silly YOU!!!! ASK A QUESTION? REALLY????
I think that HOA’s should be reined in and fast. We need laws or we need to disband them all. Actually, we pay taxes for trash pickup and city services, and we pay again for the HOA to hire private companies to pick up our trash, and no recycling. The more I think about it I do believe declaring HOA’s illegal and disbanding them all is the only way to go.
Homeowners must exert the “power of the people” to end this uncontrolled abuse. For too many years the HOA industry has paraded its Board officers “the controllers” at legislative hearings, claiming they represent “the people”. They do not. The people are the tens of thousands of homeowners who are harassed, fined, and targeted by the industry.
The HOA industry works unceasingly to maintain its income – your money. Join with the Coalition to regain your rights and your income.
This is an update. It has been 10 days since my original post. Unfortunately, we had to get the city Health Dept as well as our City Councilwoman involved before the President of the HOA felt compelled to get the plumber out here to clear the sewer lines. She did inform my husband that there is a broken sewer pipe and she is in the process of getting bids for replacing it. This was almost 2 weeks ago. She also promised to let us know what is going on. My husband called her this morning and she seemed to think the problem is fixed. He then called the Health Dept person who was waiting to hear from him and they came out with a city works truck. Now there is a plumber with a big tank sucking out the sewer lines. This is only a bandaid. The problem will continue until that broken pipe is replaced, I feel certain. All I can say is thank goodness this was a public health issue that we could actually get help with. HOA’s have way too much power and should be disbanded.
How many times in a calendar year can the same CCR be amended in Texas?
Section 202.006:
Public Records
(a) A property owners’ association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.
(b)
A dedicatory instrument has no effect until the instrument is filed in accordance with this section.
Added by Acts 1999, 76th Leg., ch. 1420, Sec. 2, eff. Sept. 1, 1999.
There is no reference to frequency.
Are condo association policies and procedures that pertain to fines, pets, late fees etc., considered dedicatory instruments that require filing with the county clerk?
We are trying to build in a NC beach community.There hasnt been a house built since the 90′. The covenants are old but we do have a copy. The requirements for the Architectural Committee are short and we were thinking we could comply. Then the committee emailed us a list of 7 items. One is a check for $300.00 for them to hire an architect to review our plans. They pick the architect and we also agree to pay for any additional time spent by him at his regular rate. There is absolutely no mention of this in the covenants. Can they change the requirements?
You will have to check with the North Carolina HOA laws. Each state has its own HOA laws.
MY HOA is trying to restrict us from doing short term rental (<30 days) with our home, although other properties are allowed to do short term rentals within our gates and the club hours and operation openly cater to renters. The HOA document (over 650 pages) did not clearly state the restriction. We are phase 1 and after searching for this restriction for hours, we finally found a convoluted reference to it in the phase 4 supplement. It seems discriminatory to allow some properties to rent within our gates and not allow others, especially given the situation. And, the vast majority of home owners do not live here full time. We already have legal obligations from folks who booked our home and invested money to enable it as a short term rental property.
Selling is not really an option. Our developer went bankrupt and less than 1/3 of the lots in this 2005 subdivision have houses. The closest home is several lots down. More than half the homes in this community have been for sale at some point in the last few years and only a couple were actually sold. One home on our street foreclosed after trying to sell for four years.
Our founders fought for our Bill of Rights. Americans now surrender to multi pages of restrictions in their daily HOA life. WHY? What benefits do HOAs provide? Harassment, intimidation, control, and selected enforcement do not produce happiness, peace, and harmony. When will America once again become the land of the free and the home of the brave?
Does Texas Law require that an HOA prepare a Reserve Study covering the major Common Area Assets? If yes, where and how can I find the law.
We are not aware of such a law.
I too received a notice informing me I needed to stain my garage doors. I had just done so two weeks earlier on my own without prodding. They had the wrong address on the notice as a board member riding around the neighborhood admitted and apologized.
Management companies of these HOAs seem to have nothing better to do than
harass others. Bet not one at the management company lives within the neighborhood they oversee? Double standards run rampant in these neighborhoods. I will soon show photographic proof of them.
I just received a notice from my HOA, fining me $150 for having two cars parked in my driveway. The notice is upsetting to me for 2 different reasons: (1) the plates they cited in the letter are for my neighbor’s two cars. Their error tells me that they are an organization with too much power and too little oversight; and (2) it doesn’t sit well with me that they have a right to fine ME for having a car parked in MY driveway.
It feels like an invasion of my rights and privacy and it seems like some of these rules were disingenuously created — they serve no purpose other than to provide an additional source of revenue for the companies that manage them.
I understand that I am beholden to their bylaws if I want to live in that neighborhood and that gives them some bizarre quasi-governmental authority, but I don’t agree with the legality of it all. What about my right to the private enjoyment of my personal property?
Plus, there is no official mention or point in time, prior to closing on a home, where you are given a chance to review the HOA’s bylaws. (BTW, my HOA’s bylaws are SEVERAL HUNDRED pages long.) I would not have purchased a home in this neighborhood had I known I could not park in my driveway, have only 1 row of shrubs, have a wooden fence, have a swingset that is visible from a street (impossible in a hilly neighborhood), put a political sign in my yard, get Dish Network, have Christmas lights up past January 10th, have curtains without white backing, paint my house a color other than a specific Sherwin Williams colors, etc. It’s like I live in Stepford land where all houses are identical and each street should look beautifully vacant with no cars in people’s driveways.
As long as my actions are not resulting in damaged property, interfering with someone else’s private enjoyment of their property, or impacting the value of my neighbor’s homes, then my behavior should be both socially and legally acceptable. I see HOAs as organizations that people pay to keep the entrances and common areas looking nice and send polite “would you mind not…” letters to people when they do something that negatively impacts another property. When my neighbor blew his leaves into the street instead of bagging them up, I didn’t call the “HOA Police”, I just wrote him a polite, friendly letter explaining that blowing his leaves caused drainage problems and gave him a couple leaf bags as a goodwill gesture. It worked! Whatever happened to civility? We have forgotten how to talk to eachother like human beings — you can’t be a society without socializing.
Your letter well describes so much that is wrong in Privatopia, however you state that they have “too much power and too little oversight”. There is no oversight. HOAs have total power and no checks or balances. Please join us at the 2015 legislative session to get laws enacted to restore homeowner protections. The CAI/HOA industry has the lobbying dollars. We have the people – but the people must unite and act.
Florida: Our By Laws state that only full time residents can be on the Board. We just had an election and the President and Secretary are here 6 months out of the year and the Vice President though a full time resident goes up North from June thru September. We have monthly board meetings. There will be times when neither of these 3 will be here especially the President who goes up North from May until October. How can this be enforced? Should we have a new election? They think they can run these meeting via cell phones, they will not be here to see the attending residents. There will be times when none of the three officers will be present. The majority of our resident are elderly and now that the election is over this concern has surfaced. The only two that will be here are the Treasurer and an elderly person who refuses to use a computer which is used in discussions between board members. He also refuses to take the educational certification course. So when voting is done via email he is not an active participant and usually votes the way that the treasurer votes.
Jan Bergemann advocates for homeowners in Florida at http://www.ccfj.net and
http://www.ccfjfoundation.net
Jan states: Law disallows restrictions demanding that board members have to be full time residents. And if the board doesn’t have a quorum when some folks are up North in summer, they can’t hold board meetings. Computer knowledgeable or not: They can’t make decisions by e-mail — not here in Florida..
My Texas HOA is sending out official HOA emails using a fake (non-existent) email address for a board member. How do we ensure that HOA’s are required to use REAL email addresses on official HOA emails? Here’s the problem, with more and more SPAM filters becoming more sophisticated, when a fake email is used these email are either automatically deleted or put into someones SPAM folder. No everyone looks at these folders. Texas requires that 72 hour notice be given to all residents via email about Board meetings. When a HOA sends an email using a fake email address, residents who have registered with the HOA may not receive the email.
What a better excuse for an HOA, yes we sent the emails out….who cares if we (the HOA) used a fake email address to send it out under……if you (resident of the HOA) didn’t get it, it is your own fault….talk to your email provider….not us (the HOA)…..
So how are HOA’s complying with the law when they knowingly use fake email return addresses in their communications with the residents? The HOA says well we sent it. But residents are not necessarily receiving these emails because the association is knowingly using a fake email address. Why are there not laws requiring that all HOA communication be on an real email account that can be replied to as well as ensuring that emails are not blocked due to SPAM filters knocking out emails from false accounts?
Our HOA of XXX, STATEN ISLAND, NY doesn’t exist, – Only one lady that says she is the treasurer, sends us every year the total amount that we have to pay for that incoming year, without sending us, for at least last six years, any explanation, proof or records of where, when how the money was spent etc… Funny thing, even the increases on the HOA fees for at least two years came from the same lady on a notice page without any signature or even HOA stamp telling us that HOA fees just went up to $400 from $250. No meeting of the people living here was held; nobody knows who decided for that increase etc… I dont know what is going on here. Please help us with any thoughts or suggestions on this issue. Thanks very much
Abuse by HOA Boards and even single Board Members is rampant throughout the nation. There is no oversight of Boards. There is a solution – the power of the people. People must act. Here is a link: http://www.hoadata.org/ReclaimHOA.pdf
My HOA doesn’t keep accurate records. The company decided to ask homeowners to produce their receipts from the time lived in the home. This is almost 9 nine years of receipts.
I am not in an HOA of Houston and was thinking about moving towards The Woodlands or Spring or Jersey Village to be closer to my husband’s job. After reading all this and hearing other nightmares on the television, I will stay right where I am. I came from an area in Florida that also had no HOA, so I wasn’t really aware of what it is. !!! Sounds like Nazi Germany. WHO GAVE THESE PEOPLE THE RIGHT TO IMPOSE THEIR WAY OF THINKING HOW AND WHAT YOU CAN DO WITH YOUR OWN HOME? I thought you pay city taxes to enforce neighbors to keep up their properties. This is really obscene.
The Texas legislature empowered HOA boards by Texas Property Code Section 204.010. Click on the OPINION tab “A Layman’s View of HOA Land”. HOAs have been empowered and are subject to NO oversight. Other states are beginning to establish government agencies to give some protection to homeowners. The time is long overdue for the Texas legislature to protect its citizens. The time is long overdue for the Federal Government to protect its citizens. The single instance of the FBI prosecuting HOA abuse in Nevada is only a beginning.
Do homeowners in Texas have any rights or protection from BODs who “bully” and single out members based on race or because they are “new to the community”? Who regulates BODs and how are they able to get away with so much corruption in Texas?
There is no oversight agency for HOAs, but there are organizations and agencies who work to defend against bias and for rights of individuals, e.g. the Texas Civil Rights Project, Texas Rio Grande Legal Aid, the ACLU.
Do Texas HOA members have any help other than having to pay legal counsel to get HOA records, bank accounts,etc? Our former BOD resigned and refused to hand over bank records,etc so the only recourse we are aware of will cost our association money that we currently do not have (our BOD was very “unethical” and corrupt in its handling of our money and records). Who regulates corrupt HOA BODs and how can they be held accountable without having to spend money for legal counsel?
Again, the Texas Legislature gave HOAs unchecked power. There is no agency overseeing this abuse. Please contact your state senator and state representative informing them of your problem – but get all of your HOA members to contact them. The power of the people must prevail. Unchecked power of HOA Boards must end.
Our HOA in Virginia is now being administered by a company (instead of just neighbors) and they have just written us up for three violations (in the 10 years prior, we never were written up). Two of the violations are extremely costly to fix (garage doors need to be replaced and the roof needs to be re-shingled). The combined cost is about $10,000 (we are already in new debt because we just replaced the HVAC over the summer after going 3 years w/o A/C and had to take out a 5 year loan to get it. We didn’t know the HOA would suddenly be on us about these other issues). I agree the work they cited needs to be done and I will have to spend our emergency fund to hire contractors to do the work. Question is: Is there any kind of limit to how much an HOA can ask of someone in a 12 month period? What is to keep them from just adding on more and more stuff to replace after these things are done? What happens if we can’t afford all the stuff they want done? We are already trying get by on just one salary since I lost my job and we have still have stuff on the inside of the house that is in more urgent need of repair, like a leaky basement. Is there anyway to get relief from too many costly requests made back to back? If it was still neighbors managing these issues I feel like I could get a break, but when it is a company managing it, I am not sure. Is there an limitations or regulations on what is reasonable for them to ask/expect of someone in our situation?
As you are in Virginia, the best person to assist you would be Shu Bartholomew at http://www.onthecommons.us.
My wife and I bought a condo on January 1st 2013. Since we have owned, there has not been one single meeting. It is almost one year now and the HOA management company gives me a run around on that they will let me know when a meeting will happen. My 1st question is, how many meetings do there have to be if any at all? When we bought the condo on purchase date the HOA raised the fees from 250 to 380. Then in June they raise our fee to 426 a month. The last rate increase they say was to fix property because they are being fined by the city. We live at XXX Condo in Dallas. I have met the President of the HOA 2 times: 1st time when I bought unit he was onsite because he owns 4 units and rents them out. 2nd time I saw him and asked him about putting up a replacement fence on the back of my deck in April. He said no approval needed; I could just replace it; so I did. Out of the 51 units, 47 are rentals. There are about 6 units that sell drugs in the parking lot, however management company says call the police. It does no good. My wife and I love our unit since we have remodeled most of it inside, however the extra cost for a bad HOA and not knowing what is going on with our money drives us crazy.
When you last wrote on October 14, 2013, we mentioned the need for an independent oversight agency for problems such as yours. At this time it is important that you contact your state legislators and the media. Your question about meetings should be contained in the BY-Laws and CC&R’s.
My HOA board president puts himself above the rules. Here in xxx, Texas, under xxx management, my board president has ignored the rules and regulations now for as he admitted three years at least,
Attempting to squeal on his neighbor when he reported her for building a playhouse for her grandchild, he notified the management company of her starting without permission.
The architectual committee was notified and went to her home, spoke with her and she was very sorry and accommodated our every request. She complied to the letter and got her construction approved.
Since they are neighbors, and she openly admitted our board president has not been very friendly to her, we stood in her backyard looking at her playhouse, noticing the next door neighbor’s playhouse/swingset, basketball goal, blacked off fence portion separating yards – aLL without local appropriate approval. The installation of solar windows was done without approval and, and installation of a french drain between houses highly likely was installed without any consultation with ACC or Town of xxx compliance or approval.
On 4 separate incidents the board president presiding over our HOA, has skirted the rules, yet he expects everyone else to repair or correct their violations within 30 days of receiving a letter or postcard via USPS.
He is being sequestered before the board soon, and I’ll return with more later if anyone is interested.
Arrogance, double standards abound here in xxx under xxx management.
How can a board president expect others to abide by the rules if he avoids them now for as far back as 3 years right up to last August when the solar screens were installed without approval?
If we are going to have rules, shouldn’t everyone be governed by them? I do not like or support HOA’s, but this, to me, takes the cake.
Evan McKenzie in PRIVATOPIA states that HOAs “…exalt the status of rules…above the fabric of the community.” Richard Louv is quoted (in PRIVATOPIA) as saying, “We have a generation in this country that doesn’t know you should be able to paint your house any color you want.”
I bought a condo in Seattle in 2011. The agent told me the the $35,000 assessment had been written off on my unit since it was bank owned. I emailed the property management company before closing to verify this and they said it would say in the “resale document”. It does not say anything in the resale document about a current or approved future assessment. It does not say anything about repairs exceeding the 5% annual budget. Now I am being assessed $39,000. I have known about it for a year and tried to first argue that it was not disclosed in the resale document. The response is that they didn’t know the amount and that I didn’t do my due diligence. When I ask why there was no vote (the declarations say the board has to have 2/3 approval for repair exceeding 5% of the annual budget) the response I get is that they are operating under some kind of emergency clause. That “the attorneys have ordered them to do the work”. Part of the work is urgent but not an emergency. A lot of the work is “upgrades” that can be done later. The board has known about these needed repairs since 2006 and has had plenty of time to budget and build a reserve. I will lose my condo over this. Is there any help I can get?
Buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees.
There have been so many foreclosures in condos that with insufficient income from assessments, maintenance suffered and some condos were condemned as uninhabitable. Owners who had been paying their assessments then suffered. Another problem was caused by investors who purchased the foreclosed properties and then acted in their own interest to the detriment of the owners still there. There were numerous complaints of condos controlled by a very few. By-laws were changed illegally – not with the required percentage of members. There have been many cases of condos demanding special assessments in excess of $30,000.00.
Other than your consulting an attorney, we do not know what help is available in Seattle.
I purchased a town home with 26 units built in a 120 unit community. The builder pulled out and sold to company who has not maintained the property. Grass was waist deep for weeks on the lots that are not built on and repairs are being given the run around because the association is “broke”. The siding is coming off from my unit and the roof leaks and has missing shingles you can see from the road. The management company for the HOA as been notified at least 3 times and tells you a crew will be out that NEVER comes. Now it has been sold to a corporation that wants to put up dissimilar units for rental purposes. 95 in all. They have 2/3 of the votes for the HOA and have told the owners of existing units “too bad”, but they will allow us to have one member on the board. They have also let it be known that they will have 95 votes as opposed to our 26. They will buy our units at a rate far below retail if we don’t like it. We are all stuck and can not afford to sell at a loss. The pool of buyers will be limited as FHA requires less than 48% lease rate. I live in Texas. What can I do? We believe that they are going to make the rentals section 8.
I live in an HOA located in north Texas. Earlier this year (April), I discovered that the HOA had been involuntarily dissolved by the Secretary of State back in 1994. I brought this to the attention of our Board of Directors, and they are slowly trying to rectify things, after I found them a good HOA Lawyer.
In addition to this seemingly huge problem on now being an unincorporated Nonprofit HOA, our Board somehow overlooked a package from their former HOA lawyer sent 2 years ago, which informed them of the Property Code changes that went into law in 2011 and 2012. I have also detailed these changes to them and their first response was that I must want to sue them. It is still not off the table as they are dragging their feet, as usual.
Add to that the Board Secretary finagled things so that he could hire his wife as the replacement office person; it was all a setup that everyone but the board will admit to. In addition, his wife wouldn’t know accounting if it bit her, something that is driving their CPA crazy. And yet, no one will terminate her, even though I have written proof the Board never voted to hire her, in the first place. A lot of it has to do with the fact that all 4 of our Board’s Officers are all buddies and vote together. I hope this all changes at the next elections in early 2014.
So far, I have had 2 Records Inspections, pursuant to 209.005, and have discovered more problems, conflicts of interest, collusion and duplicity. Had I a pile of money, I would have lawyers all over them, but it would result in the Association footing the bill. I have told them I will be filing Records Inspection Requests on a quarterly basis until such time as they are compliant with state laws.
If I had the money to move, I would at a minute’s notice. I will never again buy property in any HOA/POA. I am writing to my state reps and senators and demanding that they get some meaningful oversight and penalty legislation voted into law.
Demanding that our legislators get meaningful oversight and penalty legislation is the first step. Then get all of your neighbors to unite with you in this demand.
I live in Texas and recently found out that the HOA placed cameras on privately owned town homes. No one knows about these cameras which are apparently installed for “security” reasons. Are they allowed to put these up without any consent or signs on the property?
It might be helpful to review your deed restrictions.
They probably can, just like you could if you installed one accordingly – attend your HOA meetings and find out how and why it was decided.
Is it true that there is a statute of limitations of 4 years for HOA’s and COA’s where if your Texas property association has not taken legal action, filing a lawsuit, then they cannot collect assessments that are 4 years or older and cannot enforce restrictions if the “violation” has been in existence for over 4 years?
One attorney’s comment:
There is no simple answer to this. At one extreme it is simple. If you paint your door green, and it should have been blue, then after 4 years you should be OK. But there is a concept of continuing violation that may, or may not, apply. And there are things associations can do that weaken the four year statute of limitations with respect to assessments.
I recently moved into a community and just found out our homeowner association is run by the developer. There aren’t any of the community residents on the board. Is this legal? Also, can they charge the residents homeowner fees if they are still building in the community? I was under the impression, the developer has to be completely finished building in the community before charging any homeowner fees. How do we find out at what percentage of completion is the community? the developer will not give us any straight answers.
HB 2761 – Sec. 209.00591 – (Passed in 2011)
(c) The declaration may provide for a period of declarant control of the association during which a declarant, or persons designated by the declarant, may appoint and remove board members and the officers of the association, other than board members or officers elected by members of the property owners’ association. Regardless of the period of declarant control provided by the declaration, on or before the 120th day after the date 75 percent of the lots that may be created and made subject to the declaration are conveyed to owners other than a declarant, at least one-third of the board members must be elected by owners other than the declarant. If the declaration does not include the number of lots that may be created and made subject to the declaration, at least one-third of the board members must be elected by owners other than the declarant not later than the 10th anniversary of the date the declaration was recorded.
In December 2006, amended deed restrictions were put in place. Because the original deed restrictions had no procedure to amend and were to “run with and bind the land for 40 years” with automatic renewal of 10 years unless the then owners voted to annul them, it is our understanding that Chapter 211 of the Texas Property Code would apply. Further, our County has less than 65,000 inhabitants required by Chapter 211.
The 2006 Amended Deed Restrictions were authored by an individual who was on the Board of Directors and an attorney the rest of the Board knew nothing about. The 2006 Amended Deed Restrictions provide many benefits to the author who included himself as “declarant”, owns approximately 500 lots in the subdivision and pays assessments on only 10 of them. He IS NOT the Developer, nor has he ever been the Developer, but has all the rights and benefits of the Developer, as well as many more.
A member of the Property Owners Association filed suit to have a declaratory judgment ruling the 2006 amended restrictions invalid. This suit was filed against the author for many injuries to our Association and against the POA for failing to curb his injurious behavior.
The POA claimed we, as members of the POA have no standing and that we must have been “uniquely” harmed before we could sue the organization. A judge ruled that we have no standing.
Are we, the individual members of the Property Owners Association, truly at the mercy of a POA that holds us in so little regard?
Yes, the Texas Legislature should place HOA’s under the umbrella and control of a State agency along with laws governing the operations of HOA’s. However, if an HOA is committing criminal acts, homeowners can presently go to the county DA and the local police department to file a criminal complaint about the acceptance of pay offs from contractors in exchange for HOA contract work, embezzlement etc.
Not many homeowners have the courage, stamina, or time to navigate the legal system. With no independent State Agency to protect them, homeowners suffer the abuse of harassment, liens, fines, foreclosure, fraud, embezzlement, etc. The HOAs have the power and are not hesitant to use it.
The county DA, and the current AG of the state of Texas all refuse to become “involved” in an HOA matter, despite the Texas Constitution specifically stating (under Article 4, Section 22) that the “Attorney General shall take all steps necessary in the courts to insure that no private corporation (HOA in Texas) attempts to collect any species of tax, toll, freight or wharfage unauthorized by law”. A special assessment is a tax. I proved the so called “vote” for this assessment was bogus. I proved the HOA kept ZERO records. And yet, the AG refused to prosecute the actors. The DA of the county has failed to return numerous calls, for a period of four years. Yesterday, they came on my private property and clear cut 32 trees, and simply said “oops, sorry you are “concerned”. I urge everyone to never purchase property which an HOA is even REMOTELY associated with.
I live in a condo in Dallas Tx. We bought the condo in Dec 2012. Since we bought it, there has not been one HOA meeting. All the neighbors tell me that they can not even remember when the last meeting was held. They raised my assessment when I bought the condo from $220 to $383; then in August, they raised it again to $426 a month. I call the management company and they just give the run around on next meeting and never get back to me. The city of Dallas has fined our condo complex since I have been here. The wood siding needs to be replaced; they need to fix landscaping and the list goes on.
From what I am told, the President of the HOA owns some 5 units and rents them all out and seems to get HOA to pay for the up keep of them. Most of the condos are rented out but about 5 , where owners live in them. I am at wit’s end and have no idea what to do. Basically put, what can I do? Can the state or city do anything about this?
The need is urgent for an independent state agency overseeing HOAs. It has been needed since Property Code 204 was passed by our state legislators. When will homeowners unite and demand this independent oversight agency?
The only way to get the HOA’s attention and get the legislators to take responsibility is to put the issue on the news and in public print. I have had a run around and fight with my HOA and have turned the story over to my local TV station. The last thing the boards and the HOAs want is to have what they are doing publicized. You will need to have documentation and photographs, printing out emails and keeping a telephone log. The more documents you keep, the better your position sounds. Be factual, support your facts with written proof, be concise and logical when writing or commenting. You can also contact the BBB, the Housing and Urban Development Dept., file claims against the HOA’s insurance carrier. Send letters to the state attorney general and your state senators. If more people being crushed under HOA feudal law, would speak out loudly and clearly, change would occur. I am only one voice, I need help-but I cannot get it, even from my neighbors who are quick to complain to me. One voice sounds like one disgruntled homeowner. But you cannot give up. After all, that is what too many homeowners do.
Everybody in my community pays their HOA dues once a year in September, but now the HOA has voted for an extra fee of $300 to be paid in April to fund the rest of the fence for the community. I get nothing out of the HOA. We have no pool or rec center. The only thing they do is maintain the area in front and side of the community. I really don’t want to pay an extra $300 to them. They claim it is to take advantage of current prices. I believe they take enough money from us to fund it because we get nothing else out of it. Is there any way to fight this?
https://hoareformcoalition.org/complaints-and-concerns/opinion-buying-into-an-hoa-is-far-worse-than-co-signing-a-note-with-strangers/:
Buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees.
From http://www.HOAdata.org:
Click to access ReclaimHOA.pdf
“…the most effective method to stop HOA abuse is a grassroots effort to reclaim your
HOA for the neighborhood. Do not wait for an attorney, a judge, or the legislature to help you. You and your neighbors have the power, but it will require work — hard work. Your ultimate goals will be to elect a board that will protect owner’s rights.”
Our HOA (VW) board voted last year, 2013, to raise the dues by 5% (max allowed) and then voted to raise them again 5% for 2014.
Can the HOA board refuse to let one homeowner do something and ok other homeowners that have the same requests?
“Far from fulfilling the fantasy, this privatization of government denies HOA members their basic Constitutional rights. The cry of homeowners is always, “They can’t do this, can they?” The answer is, “Yes, they can, because the CAI industry wrote the laws.” Property Code 204 places HOAs under corporate law – outside of our Constitutional law, and totally empowers HOA boards. All homeowners should read the Texas Property Code – 204.010.”
Call upon the legislature to establish an agency to oversee HOAs – an agency independent of CAI/HOA influence.
We purchased a home 8 years ago that included a shed in the backyard. In the past year the HOA has begun sending notices that our shed is not in compliance and that we: (1)Have to place it on a slab, change the materials to the same as the house and make sure the shingles are the same or (2) tear it down at our expense. This shed was built by the previous owners long before we bought the house. Now, because we painted the shed for upkeep, they’re demanding we do 1 or 2 or face a fine of $100 and $25 per day until we do something. Why all of a sudden is this shed an issue and why was this not addressed when we first bought the house? This shed was one of the reasons we bought the house and we find this nothing more than extortion and not in full disclosure for our sale.
Why is there no government agency to assist homeowners who are faced with such unreasonable demands? Why are boards allowed to harass and fine homeowners? HOA boards should seek the welfare of their neighbors as their goal. HOA boards are not improving the neighborhood when they harass and fine.
Contact your state representative and your state senator, as well as the news media, advising of this harassment.
What course of action does an owner have if their HOA fails to enforce basic CC&Rs and those failures have been documented repeatedly? Can an HOA still assess an annual dues requirement if they are NOT enforcing policies?
Please read: http://www.hoadata.org/faq.html#13
Always pay your assessment or you will risk losing your home.
Do HOA’s have the right to raise property association fees by 10%?
Consut your ByLaws and CC&R’s.
My problem is with a neighbor who is feeding ducks which is against the condo and the master association rule. I complained to our Property Manager because the ducks are eating the insulation off my A/C tubing. So I went to the Master Association and they contacted the Property Manager and eventually the condo Board said that they will have the ducks removed and contact the unit owner who is feeding them and have my A/c repaired. Well it is not a day short of their dead line and pretty much nothing has been done. The property manager put a note on a few doors, including the door of the one feeding the ducks advising that the ducks are not to be fed. But that person does not read or speak english and they are fully aware of that. They had a company come out to give an estimate on the removal of the ducks. Now I was informed by a board member that they don’t intend to follow through on the agreement. What can I do at this point? I can not use my patio and my air conditioner is getting damaged. I am not the person responsible and the other unit owner is still feeding the ducks.
Do HOA’s have the authority to force you to water during a stage 2 drought? I have received a letter from my HOA threatening to”forward this matter to its attorneys or assess fines to your account”. It goes on to say they will also try to make me pay their attorney’s fees.
Sen. Kirk Watson’s SB 198 allows homeowners some alternatives for yards. See:
http://www.mysanantonio.com/lifestyle/home-garden/article/New-law-for-HOAs-cuts-into-turf-rules-4774917.php
Our HOA is broke. The mangement compay fired THEM, they raised our dues by 57% with out a meeting or 2/3 vote. They just elected a new board without paper ballots; they refuse to follow the new laws. They started a pool project 2 years ago and it’s still not finished. Whom do we report them to? How can one request a state investigation? How can the HOA be placed into receivership?
Being apathetic is no longer an option for homeowners if they want to reclaim their freedom – if they want to keep their homes. What can homeowners do?
•Know what needs to be changed. Homeowners know what is wrong, whether it’s exclusion, lack of transparency, harassment, fraud, embezzlement, etc.
•Call their State House and Senate members and tell their story. If neighbors are united, invite the Senator/Representative or staff member to come to a home and invite neighbors to explain the problems. Every call to a legislator is a positive step toward better laws.
•Call the press. Every story is gold.
•Know how your legislators vote. Do they support homeowners or the HOA industry? Let them know you and your neighbors are aware and need their support.
•Tell your legislators of the need for meaningful legislative regulation with penalties for HOA boards that do not follow the laws. There must be teeth in the laws to be effective.
•There is an absolute need for legislative oversight – an agency to receive homeowner complaints of HOA abuse – an agency independent of CAI/HOA control.
I appreciate your reply, but WHO do we report HOAs that are not following the Texas Property Code? HOW do we request that the HOA be placed into recievership with the State? THere are all these “laws” that HOAs are supposed to follow, yet no information about how to report them to the state. What State Agency oversees these HOA laws?
There is NO state agency to oversee and/or enforce HOA laws. Our last paragraph to you above: There is an absolute need for legislative oversight – an agency to receive homeowner complaints of HOA abuse – an agency independent of CAI/HOA control.
You share our frustration, but until all Texas homeowners unite to demand this independent agency, the only avenue is legal – a most expensive avenue. Inform your neighbors about the need to demand legislators enact laws to protect homeowners – especially to establish an agency to receive homeowner complaints – an agency independent of CAI/HOA control.
Our HOA Board of Directors in Northwest Houston, TX. repeatedly resists complying with the organization’s Bylaws in the Area of Open Meetings (even to the point of having closed meetings at private residences), Notice for Meetings and Election of the Board and Board Officers. Additionally there appear to be possible improprieties between Board Members and Contractors for, though their work is shoddy, they are repeatedly recommended by particular Board Members. Two members announced themselves as Advisors to Board and usurped the power of the President of the Board of Directors.
As Evan McKenzie stated in PRIVATOPIA, “The ideal was that of self-governing local communities living the fantasy of the New England town meeting. The reality, too often, was an undemocratic oligarchy in which an apathetic body of residents was governed by a few…who were told what to do by property managers and lawyers…”
HOAs are private, corporate governments. When will Americans demand the return of their constitutional government?
We live in a large single dwelling home neighborhood in Conroe TX. Due to the economy we are looking to refinance our home for a lower payment. The bank asked us to get a statement from the HOA verifying we are in good standing and what the quarterly dues are. We did.
HOA sent the lender a statement showing we had a zero balance and what the dues are. Probably took 20 seconds to download this one page and send it. We are now told after the fact that we owe the HOA a $150.00 refinance fee for sending that verification.
Needless to say, the Lender went ballistic and in fact told the HOA that it is outrageous to charge us 150.00 for emailing her a simple one page statement…..I checked the Bylaws and FAQs of the HOA. The Bylaws state that one of the functions of the Collector of Revenues is “to respond to title holders wanting to know homeowners status”. The FAQs on the HOA website state that quarterly dues paid by homeowners go in part to pay office staff to respond to homeowners requests and complaints.
Nowhere is there any mention of Refinance fees or charges to provide homeowner status to lenders. Nor were we told about it until after it was done. Nevertheless, the HOA President responded to the lender that “the charges are very justified because it takes staff away from their regular duties and the fee is very common in the industry.” Our lender says in the many years she’s been writing mortgages she’s never heard of such an outlandish charge.
Does anyone out there have any insight into this? I figure with the number of foreclosures and home abandonments (which our neighborhood has certainly suffered from), HOAs are resorting to extortion to raise revenue by nickle and diming the remaining members. What’s our best recourse? Just keep our mouth shut and pay the this unjust fee?
When a homeowner wants to refinance his mortgage, SOME HOAs DEMAND a refinance fee. The HOA industry unashamedly lobbies at the legislature for the right to collect every fee, charge, fine, etc. that it can. HOAs live off the backs of homeowners.
That’s what I thought. “We won’t tell your lender your good status unless you pay us $150.00; otherwise we’ll tie your mortgage up in litigation causing them to turn down your refinance.” This takes “living off the backs of homeowners” to another level.
If the HOA management company does not file a management certificate or an amended management certificate (when the management company changes) in the county where the HOA is located, can the management company collect transfer fees when a house is sold in a neighborhood?
If they cannot collect the transfer fees due to no management certificate, how can homeowners get their money back?
Secondly, if there is no management or amended management certificate filed, can the HOA collect liens which the HOA has filed against homeowners for not paying their dues?
If these liens cannot be collected, who pays the HOA for the loss of this money? If it was collected, and there was no management certificate, how can homeowners get their money back?
My rights to use common areas have been revoked based on a denial of an ACC request. There was no proper 209 letter sent, just a denial letter. I have the right to an appeal but that notice does not give the same 30 day notice allowed by state law. It grants me 15 days to appeal. Why is it that the HOA doesn’t have to follow state law and the homeowner has no agency to appeal to for help?
Please read A Layman’s View of HOA Land: https://hoareformcoalition.org/a-laymans-view-of-hoa-land/
Things have gotten so bad now that it’s time to repeal the whole thing.
Can the President of a Condo Association go “door to door” to obtain answers from Unit Owners as to whether they favor or do not favor an action that a Condo Board took relative to an assessment???
This could be a “positive” with a personally involved Board President who seeks another perspective. A counterexample could involve intimidation.
Can an HOA use funds to have social parties in their homes for numerous events throughout the year? They do not disclose during the annual meeting what the
funds are actually used for.
Go to the Legislation tab. Click on Property Code 204.010. Read all about powers granted to the board.
Is is possible for a property owner in Texas to force a Board of Directors of a POA to enforce the deed restrictions?
Possible? Probable? Remember, Property Code 204 was written by the HOA Industry, for the HOA Industry. A lawsuit could be very expensive. There is no independent agency where homeowners can file abuse claims.
I am currently on the HOA BOD. Our contracted management company’s agent attended our Friday’s meeting. 48 minutes after the meeting started, the agent stood up, announced she was emmotionally unable to stay and walked out. That agent locked the board out of the “task manager” site, where all BOD’s conduct business and respond to inquires from homeowners. The president and agent refused to answer calls on their company cell phones; emails have been ignored. We wrote to our attorney, questioning if he would continue to represent the HOA BO or if he would represent the management company.
Our assessments should be mailed out in a week, but we currently are in limbo.
Hopefully we will soon find out if we have legal representation. Can you please advise how we can proceed? We have given the management a lot of the responsibilities; mailed a 60 day termination letter on Saturday, as written in our contract. The mgt co has crippled the BOD; we fear more spiteful recourse from the mgt co. Please help.Thanks,
From Opinion page: A Layman’s View of HOA Land:
Evan McKenzie in PRIVATOPIA states: “The ideal was that of self-governing local communities living the fantasy of the New England town meeting. The reality, too often, was an undemocratic oligarchy in which an apathetic body of residents was governed by a few…who were told what to do by property managers and lawyers…”
There are squatters in our complex and the squatter recently purchased a used car, but she knows that all water provided is paid for by each owner with their HOA dues. We asked her if she would contribute to this bill but she refused. She will not move or pay. What can we do?
I applied for a landscaping proposal to my front yard that was bare dirt as almost half the front yards in this community are. I filed a complaint with the BBB. I lost; the BBB sided with the HOA even when they made no improvements. The HOA responded to my complaint with a lawyer letter. Lawyer letter comes to my home or email whenever I send an email to the management company about any issue or suggestion. Thirty days passed after I submitted my detailed landscaping, I received no approval or rejection. According to law, that meant that I could go ahead with the project. I did and five months and $800 later I was finished. The HOA waited until I was finished then sent me a letter telling me to pull out all my plants or they would do it for me and charge me $75 an hour for their landscaping company to do it. I contacted a lawyer who said I was in my right and had the support of the new xeriscaping law in Texas. The HOA continues to refuse. The homes of the board members have beautiful front yards and plants that are not on the approved list. Many of the units have the same plants that the HOA has told me to pull out. I have told them that they are discriminating against me and it is retaliation because I filed a BBB complaint. I am planning to file a discrimination complaint with the HUD and another BBB complaint. I have contacted the Texas attorney general and two state senators about the legalized feudal system that is the HOA and how they are crushing the very people that are paying them! For the life of me, I do not understand how Texas, with its history, can look away from this problem. Good people fought and died at the Alamo to protest an entity that wished to occupy them, yet Texas is allowing the HOA system to do the same to good, hard working people. I am a public school teacher and a veteran and I cannot believe that in America this kind of “fourth government” is allowed to flourish and commit legalized stealing of private property for just a few hundred dollars. If anyone has any ideas of what I can do, I would be most grateful.
The homeowners of Texas must pull their heads out of the sand and admit the error of allowing HOA boards, management companies, and HOA attorneys to control their property. HOAs do NOT protect property values. HOAs protect the interests of the HOA industry. Apathy and indifference of homeowners benefit the billion dollar industry.
Similar to JT, our HOA has for many, many years pulled this kind of power trip stuff but a small group of us have fought them for two years and have actually made headway by replacing three of them on the board with our own people. People who will actually listen to ALL homeowners, not just those to happen to have property on the lake. If you want to make a difference in your HOA, get involved and pay attention to what they are doing. If you do not, they will continue pulling the same power plays on you. It is amazing how those of the old guard left on the HOA are now being forced to actually listen, especially since they know ALL homeowners are watching them.
The management company for my HOA never notified me of an unpaid annual fee. I paid it, but they never received it due to change in address. two years later, they hire an attorney of collect it. When I found out it wasn’t paid, I paid it immediately along with late fee. They have a lien on my house for unpaid attorney fees. I do not believe I should have to pay attorney fees when I was never noticed from the management company or HOA in the first place. I told them I could have cleared this up immediately if I had received notice. Am I responsible for their legal fees and can they put a lien on my property?
As I am not an attorney, I cannot answer legal questions, but perhaps this part of the Property Code may be helpful:
Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. (a) Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail, return receipt requested.(b) The notice must:(1) describe the violation or property damage that is the basis for the suspension action, charge, or fine and state any amount due the association from the owner; and(2) inform the owner that the owner:(A) is entitled to a reasonable period to cure the violation and avoid the fine or suspension unless the owner was given notice and a reasonable opportunity to cure a similar violation within the preceding six months;(B) may request a hearing under Section 209.007 on or before the 30th day after the date the owner receives the notice; and(C) may have special rights or relief related to the enforcement action under federal law, including the Servicemembers Civil Relief Act (50 U.S.C. app. Section 501 et seq.), if the owner is serving on active military duty.
Added by Acts 2001, 77th Leg., ch. 926, Sec. 1, eff. Jan. 1, 2002.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 252, Sec. 3, eff. January 1, 2012.
I’m from Houston, TX and I am curious if anyone knows if an HOA Board can make and use written and/or unwritten policies or by-laws, not known by any of the homeowners, that conflict with the Declaration of Covenants, Conditions and Restrictions. It appears to me I have caught them (HOA Board) making some policy decisions that are against what is stated in our Covenants, but I don’t know how to stop them and reverse what they have done. If anyone has the answer, please let me know.
After passage of HB 1821, some associations decided to change deed restrictions by Board resolution. Here is the HOA Industry claiming that it is necessary to read the DR’s before buying but unashamedly changing those DR’s without owner consent.
HB 1821 passed in May 2011; effective January 1, 2012
SECTION 2. Subdivision (1), Section 202.001, Property Code,
is amended to read as follows:
(1) “Dedicatory instrument” means each document
governing the establishment, maintenance, or
operation of a residential subdivision, planned unit
development, condominium or townhouse regime, or any similar
planned development. The term includes a declaration or similar
instrument subjecting real property to:
(A) restrictive covenants, bylaws, or similar instruments governing
the administration or operation of a property owners ’ association;
(B) properly adopted rules and regulations
of the property owners ’ association; or
(C) all lawful amendments to the
covenants, bylaws, instruments, rules, or regulations.
SECTION 3. Section 202.006, Property Code, is amended to
read as follows:
Sec. 202.006. PUBLIC RECORDS. (a) A property owners ’
association shall file all dedicatory instruments
in the real property records of each county in which
the property to which the dedicatory instruments relate is located.
(b) A dedicatory instrument has no effect until the
instrument is filed in accordance with this section.
Can an hoa board vote by email and not in an open meeting?
HB 2761 (Garza) passed in 2011:
209.0058 – (b) Electronic votes cast under Section 209.00592 constitute written and signed ballots.
Our HOA president has mismanaged the paying of HOA bills for months because she has failed to call meetings to discuss our monthly expenses and now the association has large past due water bill that the president failed to inform us about.
Over a year ago we were told we would have a community website. Are we out of compliance not having one?
HB 1821 was passed in 2011 and went into effect January 1, 2012.
SECTION5.Chapter 207, Property Code, is amended by adding
Section 207.006 to read as follows:
Sec.207.006.ONLINE SUBDIVISION INFORMATION REQUIRED. A
property owners ’ association shall make dedicatory instruments
relating to the association or subdivision and filed in the county
deed records available on a website if the association has, or a
management company on behalf of the association maintains, a
publicly accessible website.
Are there any guidelines to the posting of HOA open meetings? The local board of officers in my area post the meeting notice the day of meeting at the community mailbox drop. Therefore short notice is given to residents to make arrangements to attend. The HOA management company has not established a community website in order to inform residents of any changes or meeting information. Over a year ago, we were told we would have a community website.
HB 2761 – Garza – 82nd Session was passed by both the Texas House and the Texas Senate in May of 2011 and became effective January 1, 2012.
Sec. 209.0051 – Open Board Meetings
(e)Members shall be given notice of the date, hour, place,
and general subject of a regular or special board meeting,
including a general description of any matter to be brought up for
deliberation in executive session. The notice shall be:
(1)mailed to each property owner not later than the
10th day or earlier than the 60th day before the date of the
meeting; or
(2)provided at least 72 hours before the start of the
meeting by posting the notice in a conspicuous manner
reasonably designed to provide notice to property owners ’
association members.
Good luck with getting anyone to pay attention to Texas laws. We got an agenda that said they were going to discuss a public improvement district and what ever else they wanted. It is a joke. The board is run by the developer for the past 9 years and the community has no say in where their money is spent. No meetings to discuss it, no audits, nothing. Beware in Texas of any HOA as they do what they want.
Our HOA sent us $700.00 fees for the storm door. We installed the door 4 1/2 years ago at the time we built our house. They sent two letters and one certified letter to us. They said it is unapproved improvement and we have to send an application or after 30 days they will send the file to the attorney and there will be fees. Letter was on Aug 2, 2013. On Aug 10 we took the door off. But they sent another letter that shows $700.00 fees. Can they do that by law? Do we have to pay this $700.00?
I moved into my house mid January. Our HOA fees were included in our escrow. I am now receiving a certified letter in August stating that I have not paid a maintenance fee dated January 1. I never received any letters prior to this letter. The letter states I also owe interest that has accrued since January and $25 for the certified letter. What actions should I take to keep me from paying more than the original maintenance fee?
One attorney’s advice is to call the management company, explain that you thought this was paid, and ask that they check the records. If you can get the closing sheet, you can refer to that for the precise amount. Presumably they will say they will look into it. You should then document your call with a polite letter, and enclose supporting information. Ultimately, if it is on the order of $50 and you cannot prove that you paid, you can then ask for a hearing with the board.
If an HOA board does not either properly create an agenda, post the date of the meeting on their website, or properly contact the residents about the meeting per the Texas State Laws, can the actions taken at that meeting be considered invalid. For example, my HOA rescheduled a meeting, they did not post the rescheduled meeting on the website as required by the Texas state law. The executive meeting action just said “legal issues”, yet the state law requires that a general description of the executive session discussions be listed. If during the executive session, if there was a vote taken to file liens against homeowners or any other issues that required attorney action then could the affected homeowners have the attorney actions against them (filing of liens or other lawsuits) tossed out of court because the HOA did not properly meet the requirements of the Texas State Law when considering the requirements for Open Meetings?
My wife and I and two (2) additional homeowners, one (1) of which has been fined $25.00, have received deed restriction violation letters for having a sign in our front yards. These are not signs, but white crosses 24 inches high by 18 inches wide, and we consider them religious symbols, part of our sincere religious belief. Our HOA in Houston, TX, has not adopted the Texas Property Code Section 209.018, which only restricts the location and size of religious symbols, to the front door and/or door frame. Since this has not been adopted and/or voted for inclusion into our Restrictive Covenants of our HOA, I need some help on how to proceed against our Board and Management Company. As I read the law, no HOA can restrict a homeowner from displaying a religious symbol, which I view in a similar manner as displaying the U.S., Texas and/or Military flag/s. Please help.
I own a townhouse in NY. My son, who lives in my house called me and advised me that approximatley $400,000 of dues paid by homeowners are missing. The firm that was handling the receipt of the dues for the HOA, closed shop and disappeared. Is the HOA liable for not having an audited financial statement done on the firm that was handling the dues? I received a bill now for $140.00 for the month of July without disclosure of the missing dues. Should I pay dues without an explanation? A HOA meeting is to be held ON 7 Aug, but no mention on the missing dues.
Another case of fraud and embezzlement? https://hoareformcoalition.org/opinion/fraud-and-embezzlement-news-stories/
Have the authorities been called? Are the other owners aware?
My HOA is controlled entirely by the developer. The subdivision was established in 2004 with a total of 150 lots. As of 7-1-2013 there are 90 homes and 60 unsold lots. The residents have no board representation and are not advised as to annual meetings etc. The developer maintains control of the HOA until the last lot is sold. Do we (residents) have any legal recourse?
In the 2011 Texas Legislative Session, HB 2761 (Garza) – Sec. 209.00591 (c) : 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.
Moved in to a condo in January. The HOA assessment went from 250 to 389 dollars. I have not seen any repairs at all, even know Dallas is fining the complex. Today I got a letter saying they are raising it another 44 dollars next month. They say for the violations. Since I been here there has not been one meeting, even as I ask every month when the next meeting is going to be. The president of the HOA does not live here but owns 3 units and walks around calling the shots. He does not discuss anything with the other board members or owners. The person who works for HOA company is very stand offish and does not even answer my emails or calls. Last week in the parking lot the light fell on my wife’s car and messed the paint up, about 500 in damage. I took pictures before clean up, the pictures of paint and got quotes for repair. My insurance company says it is HOA’s responsibility and to forward all info to President and HOA manager. Their response is they need to talk about it. I know suing HOA is hard to do . I don’t know what to do.
We live in Indiana and our HOA sent us a letter regarding “arrearages due”. Now the dues in question were from 2010 (I have the documentation that they were paid) however the fact that they thought they overlooked it and are just now catching it? We live in a middle class area and have no pool and no club house. We have approximately 170 homes. They are threatening to put a progressive lien on our property immediately if the dues are not paid. My question is this: Should we not also be entitled to proof of the HOA paying their dues? Should we not be informed about where the $13,680.00 a year goes to? If we are not able to get this information are we able to put request (for) a lien on their property?
As we are not familiar with Indiana laws it would be best to consult an Indiana attorney. Your questions and problems are the norm for HOAs across the United States.
Our HOA has failed to reach quorum month after month this year. After another owner and I went door to door, we discovered that many residents say they are giving their proxy ballots either to the management company or various current board members. The numbers are high enough that we suspect board members are withholding proxies to prevent quorum. We also suspect that the next meeting will be canceled as we have not received formal notice and it is two days away.
Can anyone tell me what set of laws applies to a pre-1979 condo association in Texas for formally requesting records of submitted proxies and meeting attendance for the last 6 months?
Perhaps Chapter 81 – The Old Condo Act – may have your answers.
Our HOA keeps changing our CCR’s without anyone knowing about it, adding additional companies (which he owns) and more restrictions. The latest had to do with firearms. We are out in the country, outside of city limits. All have acre + lots, but now, kids can’t shoot BB guns, and we “aren’t allowed” to shoot snakes (we have water moccasins) Coyotes (that are killing our pets) etc. This is all without the knowledge of our community – even our “homeowner board member”. Is this legal?
Ironically, he owes the HOA where he lives thousands of dollars.
During the “Developer Period”, a developer can sometimes change the rules if he has the votes.
Our HOA board has decided to implement its own new by-law that is not in the DCCR’s to have two trees in our front yards in order to increase property values. I have responded to the committee stating this is not in the DCCR’s but they say the builder was required to plant the trees and we must replace them although this is not stated.
All landscaping located on any Lot, including grass lawns, must be properly maintained at all times by the Owner of such Lot in a trimmed, well-kept and clean condition, as determined by the Board of Directors, in its sole and absolute discretion. Each Owner will keep all shrubs, trees, grass and plantings of every kind on his or her Lot cultivated, pruned and free of trash and other unsightly material. In addition, each owner shall on a regular basis remove weeds from the yard. including, without limitation, flowerbeds and planter areas. Removal of live native trees is not permitted without the approval of the ACC.
I stated my trees had died two years ago and they are just now harassing me.
This is their response:
Since the DCCRs state that all landscaping be maintained, as I stated before, the City required the Builders to plant two trees in the front yard of each house; the Board is just requesting that these trees be maintained.
If you had trees and they died, then they need to be replaced.
I am at the point of bringing a civil suit…Any other advice?
Today is June 11, 2013. Our local school system’s last day of school was May 24. Our neighborhood pool is still not open. Earlier this year, they charged each member a one time assessment fee, in addition to our annual dues, to have the pool resurfaced. After months of waiting on that to be completed, it was FINALLY complete the week after Memorial Day. At that point, the pool was filled up, but it STILL isn’t open! Five different e-mails have been sent out requesting information as to why the pool still isn’t open, with no response from the HOA board. What, if anything, can we as a community do?
If the HOA board is continually unresponsive to homeowners you might want to read this article: http://www.hoadata.org/ReclaimHOA.pdf. Neighbors acting together usually achieve more than one neighbor alone.
Does the statement from our “Deed Restrictions” below mean the HOA has 30 days to respond to our submitted plans and if they do not respond within those 30 days we no longer require their approval?
(B) No building shall be erected, placed or altered on Any building plot in this subdivision until the building plans, specifications and plot plan showing the location of such building have been Approved in writing as to conformity and harmony of external design with existing structure in the subdivision, and as to location of the building with respect to topography and finished ground elevation. By a committee composed of Ira Berne. Geraldine Dunman and I. Mark Westheimer, or by a representative designated by a majority of the members of said committee. In the event of death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and Location, or to designate a representative with like authority. In the event said committee, or its designated representatives, fails to approve or dis-approve such design and location within thirty days after said plans and specifications have been submitted to it, or, in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant will be deemed to have been fully complied with. Neither the members of such committee, nor its designated representatives, shall be entitled to any compensation for services performed pursuant to this covenant. The duties and powers of such committee, and of its designated representative, shall cease on and after ten years from date. There-after, the approval described in this covenant shall not be required unless, prior to such date and effective thereon, a written instrument shall be executed by the then record owners of a majority of the lots in this subdivision and duly recorded appointing a representative or representatives, who shall thereafter exercise the same powers previously exercised by said committee.
You should contact a lawyer to review the documents.
Our covenants establish “one vote for each acre owned”. The subdivision has lot sizes from <1 acre to 43 acres. 10 owners (18% of total owners) with several lots have 52% of the total votes, while 18 owners (33%) with single lots have but 8% of the total votes. Thus, most owners are discouraged from participating in the HOA. As President, I don't believe a vote of 75% to amend the covenants is worth attempting or possible. Any input/remedy is desired.
Who do I turn to if my condo HOA will not enforce their own bylaws? I have made requests in writing and was told “no” in writing. Would appreciate any help.
We know of no government agency. Depending on the issue, one answer might be your neighbors; another might be an attorney.
We had a recent vote in our neighborhood for a special assessment. A few days before the meeting, several residents complained that the directors and their volunteers were calling and harrassing residents who have already submitted their ballots to change their votes. The property manager said that anyone could have accessed the ballots before the meeting. The measure passed, but this seems so wrong. Thoughts?
Intimidation! Control!
Can an HOA kick you out of the community if you’re the owner of your garden home??
If it is a foreclosure. Otherwise, we hope not.
I am the President of the COPS program in a South Side Community of San Antonio, TX. Crime in this Custom Home community is on the rise and the HOA will not respond to the requests of the residents for gating, cameras, reliable security patrols, etc. If we ask for support for our COPS program or consistent quality community maintenance we receive the minimum if anything at all. Mostly because the HOA Board leaders don’t live in the community or even in the city! Secondly because they are more concerned about MONEY in their pockets as developers.
In response to DB on 4/28 — Almost all HOA’s have the right to assess a “special assessment” which has no limits and does not require a vote of the membership. The Board can do it themselves with no cap. I have heard of associations assessing communities 3-$500 special assessments in order to do a project. I know this doesn’t answer your question, but everyone should know that HOAs can do special assessments without any restrictions and without input from the membership. Buyer beAWARE.
For an association to have a special assessment, the board must call a special meeting of all members for that purpose. The meeting notice must be sent out just like an annual meeting notice and must state the purpose of the meeting and a brief summary of what the special assessment is for. At the meeting in order for the assessment to happen there must be a majority vote of the owners to approve it or deny it. The board cannot have a special assessment any other way. They can have a dues increase up to 15% yearly but thats it. You must have a meeting and vote on it or it cannot happen.
That is Texas state law!
Our HOA just had the Board elections. According to the proxy that was sent to the membership, all of the proxies had to be turned in the day before meeting. At the meeting, the Board’s candidate and her friends were allowed to turn in proxies at the meeting. When questioned, the response was that the Board was now going to allow people to turn the proxies in at the meeting. However, this was not communicated to the entire community, including the other candidates who were on the ballot. Only the Board and their friends knew of this rule change. The Board was changing the election rules as they went to benefit their selected candidate. Other states require that HOAs must adopt a written document concerning how elections are to be held. How come Texas doesn’t require the same thing? Even when asked what the rules are governing the election, it is impossible for people to have a fair HOA election when the Board keeps changing the rules as they see fit with absolutely no communication to the membership.
If a management company was court appointed; what is the proper way to fire them? How or where would one go to find out if any HOA cases have been brought against the management company?
Advice given to me:
It probably depends on the terms of the Court Order.
One can check for lawsuits on a county-by-county basis.
The “DECLARNT” (sic) of our Community, a Non-Profit Corporation, wrote the DEED RESTRICTIONS in 1985. The BY-LAWS that I received at time of 1987 purchase were written in 1985. The ARTICLES of INCORPORATION were written in 1987 and filed with the Secretary of State of Texas. In or about the late 1996 the “DECLARNT” (sic) NO LONGER owned a majority of the properties in the Community. It was at that time that the Declarant turned the Community over to the HOMEOWNERS of the AREA.
It is my understanding that when an organization is reformed such as the one described above, the Organization was supposed to have revised the By-Laws, The Articles of Incorporation, and exclude the Declarant from the new Deed Restrictions in a timely manner. If these actions were not taken at such time, does the Board of Directors have the right to make the changes or revise any document without the vote of the people?
In the Deed Restriction written in 1983 it states “The Committee or the Association (when formed) in its discretion may exercise the limited right to approve minor (minor) deviation in these Restrictions without the actual amendment where, in its opinion, such deviation well beneficial (sic) to the common good.” Does the Board of Directors have the right to Revise the BY-LAWS and make major changes?
Before we signed a purchase agreement in May of 2012, we requested and read the HOA rules for the house under consideration. These rules were dated 2006. At closing we received an exact copy of the same set of rules. We had no reason to keep checking for updated rules as there had not been an annual meeting in a while so there should have been no changes to look out for. A few days ago we were informed at the annual meeting that the Board was not required to get or follow a vote from the membership before embarking on a major capital project. This appeared to be a direct violation of the rules we received from the HOA before/at closing. After some research we found that the rules were changed in 2007, alomost 5 full years before we bought! Does anyone know if we have a cause for action? It seems like the current rules were intentionally withheld, because any reasonable person reading the new rules would buy somewhere else rather than into a subdivision where they could be spent into large debts without their permission.
My HOA threatened to take away my family’s access to the pool for the entire season this year because my son jumped the fence while it was locked. It is my understanding we are part owner’s of our pool that we pay for. How can they take away our access? Is that legal? Also, they violated my Constitutional Rights by prohibiting me from a news interview. They came to my house and blocked the newscaster by threatening to sue them. They also did not permit my husband to serve on the pool committee when it was open to any member who wanted to serve. They didn’t allow him because I am his wife and I make them accountable. They also imposed new fees at the pool without any notice of a meeting to members. Can they take away our rights to our pool?
I am having a problem understanding the HOA POA concept. Under THE TEXAS BILL OF RIGHTS
Sec. 19 DEPRIVATION OF LIFE (RIGHT TO LIVE FREE): Are not the HOA POA violating the law and interupting the peoples’ rights?
I have a question concerning proxies under Texas rules. Is the owner of the proxy the only person who can turn the proxy into the association? Or can proxies be collected by others and submitted by others to the association? The proxies require a signature, date, and property information. Our bylaws and DCRs are silent on the topic.
HB 2761 passed in the 82nd Session states:
Sec.209.00592. VOTING; QUORUM. (a)The voting rights of
an owner may be cast or given:
(1)in person or by proxy at a meeting of the property
owners ’ association;
(2)by absentee ballot in accordance with this
section;
(3)by electronic ballot in accordance with this
section; or
(4)by any method of representative or delegated
voting provided by a dedicatory instrument.
Please support HB 3803. It is time for the American people to get their rights back – their rights to live free.
In reply to cj.
Yes, please support HB 3803. Pass this on to all of those who want HB3803 to pass. Volumes of email and phone call matter. After you send to the House Committee, go to http://www.makehoasaccountable.org and scroll down to instructions about HB 3803.
My HOA Board has sent our proxy out for the upcoming election. According to the proxy, you can be nominated to run but your name will not show up on the ballot unless you attend the meeting. How is this a fair election? If someone has a work commitment on the night of the election why can’t their name be on the ballot? I thought that during the last legislative session it became against the law for a HOA to prevent people from running except in the case of being convicted of a moral turpitude. Isn’t this just another way of preventing people from running by placing arbitrary requirements for having your name placed on the ballot? Isn’t this against the law and the intentions it had for creating fair elections?
HB 2761- Sec. 209.00591. Board Membership. (a) Except as provided by this section, a provision in a dedicatory instrument that restricts a property owner’s right to run for a position on the board of a property owners’ association is void.
Once again it is evident that because the Texas legislature does not enforce a penalty on HOA boards, management companies, and HOA attorneys for non-compliance with Texas’ laws, homeowners are the victims. How long will Texas homeowners endure this abuse and injustice?
Where do I go in the Property Code to find rights of homeowners in an HOA who have contiguous lots to build a detached garage or building on that lot when the HOA ARC is rejecting plans because it is not a single family home?
I am the President of this HOA as well and I know I read somewhere that the HOA cannot restrict this type of building if it adds value to the primary structure and is used for the owners quiet enjoyment.
I want to make sure we are doing things correctly.
Senator Robert Nichols proposed a Committee Substitute for Senator Bob Deuell’s SB 593 which received approval by the IGR committee. http://www.legis.state.tx.us/tlodocs/83R/billtext/pdf/SB00593S.pdf#navpanes=0
This bill relates to the authority of a property owners ’ association to regulate the use of certain lots for residential purposes. It was recommended for the local and uncontested calendar on April 3, 2013.
The bill reads:
(f) A provision in a dedicatory instrument that violates
this section is void.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.
Do HOAs have any say over installing solar panels?
There is currently a bill HB 2338 in committee. You can read it here: http://www.legis.state.tx.us/tlodocs/83R/billtext/pdf/HB02338I.pdf#navpanes=0
In the last 82nd session in 2011, HB 362 was passed regarding solar panels.
I own two lots which are next to each other, one with my house and the other is empty. I want to build a detached garage on the empty lot and the HOA Architectual committe is bucking me on it pointing to a section in the CCR’s stating “all lots in the subdivision shall be used, known and described as singly-family residential”. Also states other places that “all lots are designated as “residential lots”. Have you ever seen a definition of what a residential lot means? There are already several detached garages and shops in the subdivision. This is a remote subdivision out on a lake.
Senator Robert Nichols proposed a Committee Substitute for Senator Bob Deuell’s SB 593 which received approval by the IGR committee.
This bill relates to the authority of a property owners ’ association to regulate the use of certain lots for residential purposes. It was recommended for the local and uncontested calendar on April 3, 2013.
I have resided in an upscale gated community in NE San Antonio for nearly 19 years. The area is governed by a highly restrictive association which treats residents and their guests rudely and continually enacts rules that make it impossible for people to feel that they can live in their homes comfortably. I do not understand why and how these organizations have become so powerful in controlling such communities in the state of Texas.
HOAs have become so powerful because they were empowered by the Texas legislature and cities have benefited by being spared providing many services. Thus homeowners in HOAs are frequently “double taxed” by city taxes and the HOA assessments. Homeowners have been participants because they often sought exclusive property through this privatized corporate government which has no checks and balances. The cost has been the constitutional rights and freedoms that were the foundation of our country. The cost has been devastating to many homeowners. Here is a paper by Professor Gary Solomon: http://www.hoasyndrome.com/Article__HOASyndrome9_12_10V4.pdf
HOAs control by the false claim of “protecting property values” and by fear. HOA boards have all powers and homeowners fear being the target of anyone on the board, the management company, or the HOA attorney. See http://www.HOAdata.org to see what power HOAs have exerted on Harris County homeowners.
The HOA industry exists with a myriad of specific purpose fees, such as resale certificate fees, document fees, collection fees, inspection fees, and violation enforcement fees plus many other fines, fees, and charges. How long will homeowners accept this trade-off? Buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees.
Every Texas homeowner should pay close attention to every HOA bill filed at the Texas legislature. The industry always wants “more”. One of the very dangerous bills filed in this 83rd Session is:
HB 2928 which creates a “power of sale” for all HOAs and so:
Would enable the HOA to foreclose when it had no such authority,
Would entitle all HOAs, including newly empowered HOAs to use an accelerated foreclosure process, and
Is designed to prevent homeowners from terminating foreclosure power because the legislature is eliminating this power by statute not by restrictive covenant. By doing this, the bill would eliminate any ability of the homeowners to have any say on HOA foreclosure power. If there is an HOA, it could foreclose irrespective of what the restrictive covenants said.
Two other bills bad for homeowners are HB 2978 and HB 2749. It is time for Texas homeowners to wake up and act! Contact your state legislators and tell them to represent you and not the HOA industry. Do not allow these bad bills to become law.
One good homeowner bill is HB 3803. Tell your legislators to support HB 3803.
My recently deceased mother was foreclosed on for $5,000 for a special assessment when she had a pending claim for hurricane damage repairs against the HOA for the same amount (although not filed in court). The HOA sold her condo unit subject to the mortgage lien for about twice the amount due and never collected a monthly maintenance fee on it again. The buyer (hoping to flip the unit for a profit) was later foreclosed on. Two years later, the HOA is selling the unit for a potential $25,000 profit that they plan to keep. (The mortgage company never foreclosed). I am told that in the state of Texas, this is perfectly legal. Is there no recourse for her estate? Unfortunately, I live in the same building. Am I able to sue for mismanagement?
Can you please direct me to the section of the Texas property code which states that a HOA can hold a vote of acclamation without meeting the quorum requirements as specified in the bylaws? According to our bylaws you must have a quorum to conduct business as the HOA, including the election of a Board members. In the past, if we didn’t have a quorum even with only one person running,we would hold a follow up election meeting until a quorum was reached to elect the person. Now our HOA attorney said that if a candidate is unopposed you can do a vote of acclamation without a quorum and this was allowed under the Texas property code. I was unable to find this reference. Can you please help?
Perhaps the reference is to 209.0058 Ballots
(c) In an association-wide election, written and signed ballots are not required for uncontested races.
[HB 2761, 82nd Legislature]
I have a question concerning the development of an agenda for my HOA in order to meet the State Law. I understand that the agenda that is sent to the residents and is posted on our website needs to contain the general subject for what will be discussed. Does the agenda below meet this requirement? Or does there need to be more specific information provided under sections such as old business, new business and executive session in order to meet the requirement of “general subject” or “general description”?
Homeowner Forum
Approval of Minutes
Financial Report
Legal Report
Deed Restriction Report
Old Business
New Business
Executive Session
I just have a hard time believing that new business, old business and executive session meet the requirement of general subject. I thought the purpose of this law was to allow homeowner insight as to what was going to be discussed in the meeting to determine if they needed to attend.
One legal opinion is this does NOT meet the requirements of the statute.
Houston, Texas (Harris County) the HOA fines the homeowners for expired registration. This is a separate issue from towing a car. I thought the Department of Transportation or the local city government is the only entity authorized to collect fines for expired registration? If the homeowner doesn’t pay the fine then addtl fees are assessed (interest and penalty) then forwarded to the HOA Lawyer with threats of not only tow but possible foreclosure on the condo for “unpaid auto fines”, Does anyone know if this is legal in this county or state?
In our HOA, cars have been towed illegally from public streets. We did get the constables to investigate and the County Commissioner stepped in as well and it seems some of the illegal towing has stopped. Unfortunately, we discovered many more concerns.
The board did not follow deed restrictions about meeting notification requirements instead opting to ignore them and follow “state law”. The board posted handwritten cardboard signs and posted on a website so many could not go to the meeting as they didn’t know.
The board hired two contractors (towing and lawn) with the same last name on Aug 13 last year. Same Name Towing made quite a bit of money off our community for the towing. If the rumors and estimates are correct over 400 tows in less than 4 months making $65K. Same Name Care made a killing as well. The budget set for our very unusual “forced weeding” deed restriction was $6500 in forced mows. In 2012 the forced mows that were collected was $23,881 with $19,000 of that collected with the new board in position.
Members quit the board and now we have the President of the Board who holds a majority between him and his appointees. There is no hope in sight as they are appointed through 2015.
There is continued harassment with Board members publicly posting information about homeowners on a website that is harassing and negative. The board then takes it down and claims they were “hacked”.
A group of us sent a newsletter to the community and now we are getting threats that we will be prosecuted for crimes, sued, etc. It is concerning as a former board member’s husband is a constable who lives in the community.
This is the situation we are in. At least with the towing we had a state agency that investigated and helped. With our own HOA we have no recourse unless we have unlimited funds to go to court and unreasonable amounts of time to pursue this which no one has, especially in a working class community.
I live in Florida and our HOA with about 200 or so homes has a property management company. We have 3 small ponds and a very small common area in the front neighborhood. The HOA brings in around $30,000 a year. About half or more goes to so called reserves but we can’t see the statements showing this. We have 5 board members plus the management company. The problem is I’ve lived here 8 years and we have the same board members. I was asking when the next election would be and was told it was 2 months ago. The board members voted themselves in yet again and awarded the contract to the property management company. My question is how do you replace board members and the management company when you can’t vote them out? There is nothing in the bylaws that say board members can vote themselves in and no one else gets a voice. Our HOA President has done construction work (that never went out for bids) on the front area. Isn’t that a conflict of interest? Please help.
Legislatures enact laws enabling the HOAs and empower them with no checks and balances. When homeowners protest the abuse and injustice, the HOA Industry response is usually “You agreed to the HOA control – you knew what you were getting”. This statement is to imply that you agreed to the By-laws and CC&Rs.
However, the insatiable desire for even more power and control now witnesses laws that enable the governing documents to be changed by the board as a resolution or amendment without any homeowner input. So by buying an HOA property one surrenders everything to this unknown board.
These are not “isolated incidents” as the Industry claims. This is life in HOAs. As Shu Bartholomew states on http://www.onthecommons.us: “You have left the American Zone.”
Currently we have our builder-acquired HOA and they are collecting over 445 dollars for at least 130 homes. I know in the beginning this was to assist with building items and standard things to build the community. But, after 2 years of this and also now the builder completing all the homes, they have chosen to collect this same sum once again and not in the regular two payments semiannually, but one lump sum. This question on the continued amount was raised at our last meeting in March 2012 and we received an accounting sheet from the agency that had exorbitant fees for landscaping. We have no amenities in our community and now have empty homes being built in every open location in our area, making us unable to possibly place any new areas such as kid park, dog park or anything else. This also leaves empty homes with no yard up keep and the time for this agency to leave quickly approaching. We have asked when the meeting to elect new board members, now to be from our community would be held (it is a month past all previous meetings) and they continue to put us on hold. What can be done to help our community from being scammed out of funds to be used for our community? How do we get invoices proving what has been spent and to whom this money they speak of has been going to? We have not had any cooperation in the past 3-4 months.
Because the Texas Legislature has failed to provide an oversight agency of HOAs, homeowners must unite to protect themselves. Communication is essential – between homeowners and between the homeowners and their state representatives. Advise the state senators and state representatives of your problems. Setting up a website is a good first step. Here is a link that may be helpful: http://www.hoadata.org/ReclaimHOA.pdf.
When will the Legislature make HOA’s accountable for the harm they have caused so many homeowners, especially the elderly, minorities, and disabled vets? I live in a townhome in Houston, TX. HOA paid $338,000,000 for roof coating which started coming off in less then 3 months. It’s been getting worse ever since! There is exposed molded, rotten wood and water coming into homes. HOA says: interior damage is at owners’ expense and will not fix the roofs! We have siding with holes which allows water into homes. Again, damage is at owners’ expense! When will HOA nightmares end?
I am being denied access to HOA records and books. The executive director claims the financial records (invoices) are privileged because there is a non disclosure agreement between the vendor and the CA. I am being denied access to the non disclosure agreement and invoices from the vendor. The vendor is the “Sole Source” vendor for computer equipment and services to the HOA. Has anyone else been through the Justice of the Peace appeal process, as allowed by Texas law?
OUR BOARD DECIDED WITHOUT VOTE OF MEMBERSHIP TO REVISE DEED RESTRICTIONS TO ASSESS CONTIGUOUS LOTS AN ADDITIONAL MAINTENANCE FEE. MANY PEOPLE PURCHASED MULTIPLE LOTS FROM THE DEVELOPER AND BUILT HOMES. NO ADDITIONAL MAINTENANCE FEE WAS ASSESSED FOR THE LOTS. NOW 40 YEARS LATER THE BOARD IS ASSESSING THESE HOMEOWNERS FOR THESE LOTS. NO ONE WAS GRANDFATHERED IN. MANY OF THE HOMEOWNERS ARE SENIORS AND HAVE LIVED HERE FOR MANY, MANY YEARS. THIS IS UNFAIR. OUR MAINTENANCE FEES FOR 81 HOMES (MOSTLY SENIORS) HAVE INCREASED AT LEAST 75%! IS THIS A NEW FORM OF ELDER ABUSE?
The HOA industry does not limit itself to “Elder Abuse”. Its motto must be “more” because it is never satisfied with what it exacts from homeowners. Texas homeowners cannot ignore what transpires at the legislative session in Austin. They must hold their state senators and state representatives responsible for their votes. When they vote against bills that would help homeowners, they must be voted out. In Austin, right now, there are a few bills very hostile to homeowners.
When it was election time did they remember to send you ballots equal to the fees they tyrannically assessed? Probably not. Deed Restrictions affect Real Estate and in a civilized society any changes affecting something as expensive and essential as a home should be done by a written super majority vote of the membership. But that would be transparent, reasonable, democratic and protect seniors/the vulnerable and you are referring to an HOA. You paid taxes for 40 years maybe your legislator owes you some service?
I served as president of my HOA for a few years and have read the Bylaws and CCR’s. In the Bylaws it states the owner must reside in the home 6 months out of the year. The current president has not and recently made a couple of questionable moves and passed rules and regulations through a voting process where only a little more than 25% of the association was present. Being he acted while not meeting the requirement of the bylaws as mentioned above, can these changes be overturned? What course of action can I/we as the other 75% take? Are there any groups in Texas that can help us out? Thank you for your advice.
When apparent illegal moves have been made at HOA meetings, the statement, “So sue me!” has been heard. HOA industry coffers are greatly increased by lawsuits – see http://www.HOAdata.org for not only actual lawsuit statistics but also information helpful to homeowners under “Papers” and the FAQ’s.
In Texas is it a legal conflict of interest in a HOA community for mineral rights owners to control, enforce and run the HOA board, it’s funds and function? The mineral rights owners do not live in the city of the HOA community however, they do own rental properties in the community. Homeowners have little to no voice in the bylaws or the overall maintenance of the community. Do we as homeowners have a right to vote in our own Officers to head and run our HOA to protect our interests? Many community members feel helpless to the control of the mineral rights owners as heads of our HOA. What can we do to protect our interests as homeowners?
Unchecked power was given to HOA boards by passage of Property Code 204. Community owners are helpless because there is not the needed governmental oversight. America’s founding fathers wisely established a tri-cameral government. Homeowners’ only option is expensive legal help because the HOA industry fights every homeowner attempt for governmental oversight.
I live in Illinois and we have the same problems here. When will the homeowners rights be restored and oversight and accountability be imposed on these out of control boards? They continuously break their laws and state, corporation laws. When will homeowners be represented for after all we pay the bills? This is a system gone wrong and it doesn’t take a rocket scientist to figure this out. Let’s talk about property values. I purchased my home in 2005 for $142k. There is an 85% distressed property rate out of 1800 homes and homes are being sold through foreclosures and short sales for $35k to $75k. Where is the maintaining of property values? Our board can’t see that they are the cause or they simply just ignore the fact that no one but the sheeples wants to live under these conditions. We need a lemon law. If they don’t abide by the laws then buy back my house for what I paid and I will be happy to move out of this place. The American Dream is no longer under these regimes.
Does anyone have any information on HOA data in Illinois and how much is paid out to lobbying efforts to CAI?
I live in Illinois. It is pretty clear that the HOA/Condo Boards and their Lawyers are out of control. Thus it seems that the only real practical gains can be made at the level of protecting the HOA/Condo/Coop owners in the courts by requiring the association boards and their lawyers to provide proper evidence “beyond reasonable doubt” to prevent homeowners from losing their homes under potentially fraudulent circumstances. And the question is, what is the role of the local courts?
Our HOA was recently turned over after the development period ended. It was decided at the same time that we would terminate our relationship with the Property Management Company the builder used and hire a new one. After this process a new board was put in place that made some changes. Without notice the board enacted a 15′ tree height standard to preserve the views of downtown Houston and the property values of our homes and then notified us of the change.
I had asked why this was not something that was not further discussed. The answer I got is below.
The Board is not obligated to seek community referendum on every single request/issue, especially if the request/issue is well-defined and also adequately regulated by the CCRE & By-Laws. It would be pointless to have a Board and CCRE if referendum is needed on every single request/issue.
The Board does not have the liberty to create or change the CCRE & By-Laws but is given the prerogative to provide further clarifications and refinements to any existing clauses of the CCRE & By-Laws.
The tree height is based on the following CCRE provisions: the Board can regulate the exterior esthetics, the appearance of trees/plants and set a “Prevailing Community Standard” when needed, and to regulate and the owner to responsibly maintain the appearance of his trees to not negatively impact his neighbors.
While I see this is technically a clarification of what the prevailing community standard is, I find it a bit oppressive that this was done without the consent of the community. Is this within their bounds? This change is likely to cost me a few thousand dollars. The builder put a stand of bamboo in my backyard that grows to almost 30 feet in height. In the summer a new stalk can grow past 15 feet in a couple of weeks. Do I have any recourse?
Re: SSS – Read your Declarations of Covenants, Conditions, and Restrictions. Board members often believe they can vote on what to enforce, but the DCCRs do limit powers somewhat.
One of our homeowners who was on the board also owned many rental properties. He kicked off all the original board members somehow and put his friends up for election and he had many violations for not keeping his homes up to par. He also got his relatives to work on the club house etc. Interesting! I think that homeowners’ associations ought to be abolished completely and the justice of the peace courts interpret the deed/covenants. It is harmful to have a potentially biased person on the board who is holding a grudge against someone in the neighborhood and applying his/her own interpretation of what is not allowed. I grew up in upstate NY and no homeowners association was needed. People were considerate of one another and no one kept old tires in the back yard which are not seen anyway as a fence is around the property. No one complained that the roof was discolored and sent threatening letters saying to correct it in 30 days and mailed the letter five days after it was written!!!! Threatening fines, and suspension of rights to use the common areas, also failure to request a meeting with the board of directors who sent the letter with no signature on the letter would lead to referring the matter to an attorney and pay his fees and court costs. Perhaps independent auditing of their books is needed as well as abolishing the whole home owners association.? I think a neighbor is able to determine if there is a blight on the neighborhood and if so take it to jp court or if seeing beyond the fence could be causing unsanitary conditions and perhaps taking that to the jp court and save homeowners many hundreds of dollars in homeowners association dues payable to biased people on the board who may hold grudges.
I recently moved into a condo complex with HOA. It’s an older community with individual storage units on site. It’s clear based on the design of the complex that each unit should be allocated one storage unit. The previous board president confirmed ths. However, the Board has allowed residents to start ‘taking’ storage units as they come available when people move out, die, etc. And, I’m convinced a few of the board members have multiple storage units. I’ve approached the board several times, in writing, to request clarification on their storage policies. They have consistently refused to provide any information and simply say there is no storage available. They have also treated me quite badly. I am now contemplating taking them to small claims to request reimbursement for a portion of my monthly dues based on inequitable services rendered for my monthly dues. Any recommendations?
It has been understood that it is always wise to pay first. Contest after.
In response to sss. In condos any storage areas are designated one to each unit. Look at your documents and you will see which one is designated for your unit. It’s listed just like your designated parking spot or your patio, They are all considered limited common areas. This means it is owned by the association but is limited to only your use. If somebody has your designated storage than you have every right to file an eviction on the person using it and throw the stuff out, but be sure and do it legally. Look at your docs and you will see a diagram of all the storage areas and which one is assigned to you. It’s part of your unit and you purchased it with the purchase of the condo. If these were by chance added after initial construction then you might not own one. You bought it; it’s part of your condo; so throw them out by an eviction.
I live in Harris County, Texas, and the Association has sent me a letter saying a violation is: discoloration on the roof; needs to be removed? The shingles are blackish gray and some are discoloring or turning darker. So where is that a violation? Also when the house was painted, some paint from the painter got on some of the shingles but has not devalued or made the property or lot unsanitary, unhealthy or unattractive! I consider this harrassement as the same homeowners’ association at one time tried to tell me my pickets were too far apart and that I had to tear down part of the front of the house to put in a garage! I bought this house in 1990 and it was owned by someone else so it was not new. Originally it was built in 1983, and it was a model home. The office was a garage and never converted when the first buyer bought the house! It was a grandfathered thing. So you can see that they are actually harassing me and probably others in this neighborhood. I think their books should be thoroughly looked at and their potential undue coercion as well. Perhaps favoritism and harassment could be a major issue in this subdivision. I am almost 65 years old and was divorced in 2008 and have been putting on hardi plank siding and painting the house to make it more up to date! I have no idea if they have harassed my neighbor telling him to replace parts of the siding on the west side of his house that is falling off or to make the siding all one color. Part of the siding on the chimney is a different color than the rest as part of the chimney fell off with the old masonite siding. He then put up hardi plank and that does not match in color. I feel that should not be an issue. They are complaining about my roof which was replaced in 2006 after the first hurricane and then some shingles replaced again of a different color yet Texas does not require matching of siding or shingles! I feel that that they are overstepping their boundaries and something should be done to protect not only me but others in this subdivision from this organization. Thank you.
The so-called “stakeholders” – those who live off homeowners – CAI attorneys, management companies, vendors of all sorts – need homeowner money to survive. Harassment precedes the fines, fees, liens, and foreclosure. Your statement about your neighbor’s property’s imperfections “I feel that should not be an issue” is a most commendable response. Too often, when a neighbor is harassed, resentment builds up and turns neighbor against neighbor. Ward Lucas has just published a book this year: NEIGHBORS AT WAR – The Creepy Case Against Your Homeowners Association. What is needed is for neighbors to unite against the CAI/HOA industry and reclaim their Constitutional and homeowner rights. Every Texas homeowner must become active and contact his/her state senator and state representative explaining they are the true stakeholders. Their money is invested in their homes. The HOA industry is parasitic – it lives off homeowners.
My story is a little different than most posts in here. I moved out of an updated, completely paid for home in a non-covenanted community so I could live in a society that had rules to prevent people from partying in their garages every weekend or working on their cars hours on end in their garage which amplifies the noise sending it directly into my home. I had neighbors who would throw their garbage close to the garbage can but not into the garbage can…the list is endless.
When we purchase our new home the covenants were important to us and we studied them to make sure they covered everything we were trying to get away from but were also something we could abide by. Being seniors and on a fixed retirement income we wanted to make the best, most informed decision possible.
Now, several years in, it seems that my HOA Board will not enforce any covenant other than garbage cans and length of the lawn. Not only that but they don’t seem to have any fine system set up so while they may send endless letters the offense(s) never ends because no one is ever fined.
My CC&R’s are very clearly defined…not convoluted like some communities have and I have had to hire an attorney to get my HOA Board to even listen to me and then the Management Company hired an attorney to deny half of the requests we made for documents regarding the case. It’s confusing to me on who really runs this turned over community…the Management Company OR the HOA Board.
It’s frightening to think that the next step is probably court and thousands of dollars in legal fees just to get the HOA to follow the covenants. At this point if I had to do it over again I would probably not move into a covenanted community because while they look good to some of us mine certainly isn’t what I bought into.
You sought strict deed restriction enforcement and neighbors who shared your values. You were willing to surrender control of your home to a board you did not know – a board that could incur debt that will burden your home forever. For buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees. You sought Utopia as did those who bought into Celebration City, Florida – a master planned community that imitated a version of pre-World War II small town life. The false notion that “planning, planning, planning” could create such a community exploded with the burst of the housing bubble. Then city problems became reality as foreclosures, murder, and suicide invaded this fake city. The gated community designed to exclude disorder, poverty, and crime now manifested the same reality and denied the promised Utopia.
In response to rc: If you are a home owner you may know the real role performed by HOA associates are, fence jumping, plotting unwanted underground cable lines, putting cable boxes and electric meter boxes in home owners yard and so on, in addition to HOA fees and fines. Thus to avoid all these nuisance, government oficers needed to protect home owners.
My HOA is having Board elections. Which is great, but they never solicited the entire membership to see if anyone else besides their “chosen one” would be interested in running for the Board seat. Seeing that the ballots were pre-printed with the “chosen one’s” name it is a difficult task to get anyone else elected. It seems that there should be some laws created to ensure that all members have an opportunity to have their name printed on the ballots. This is just more abuse by Boards to maintain control. What can we do to change this?
A DILEMMA: IF ONE HAS RENTAL PROPERTY AND RENTERS GET FINES, THE OWNER PAYS THE FINES. THE RENTERS NO LONGER LIVE ON PROPERTY AND NOTICE WAS GIVEN IN WRITING AND IN PERSON THAT THEY DO NOT LIVE THERE ANYMORE, YET THEY CONTINUE FINING ME SAYING I MUST GET SHERIFF TO EVICT. HOW CAN I EVICT SOMEONE WHO DOES NOT LIVE THERE? AFTER RUNNING 1900.00 IN FINES THEN TAKES THEM OFF LIST. (NOTE) RENTER GETS ORIGINAL COPY AND OWNER GETS COPY IN MAIL. I GOT ORIGINAL COPIES BECAUSE THEY KNEW NO ONE LIVED THERE. ALL OF THE FINES WERE FOR RUNNING THE GATE @ $150. EACH TIME.
I have been conducting a research online to ascertain what my rights are as a homeowner since I fall under an HOA here in Fort Worth Texas. We have signs posted at the entrance /exit of our community and meeting notices are being written on these signs although the passerby can hardly read these signs due to the light markers used.
My question /issue is relating to the 2011 82nd Texas Legislature ruling where a change was made to the Community Association laws stating that our HOA Board can now post the notice of a Board Meeting at least 72 hours before the start of a meeting as long as the notice is posted in a conspicuous manner in the community.
First and foremost; I didn’t even notice the writing on this sign until well after the meeting took place because you can barely read the sign. Now I am afraid that my fellow homeowners are not being given fair notice so that we can attend these meetings should we desire to because our Board is using these signs to meet the intent of this new ruling.
Is there anything that you know of that we can do to adequately address this concern to both our property management company and our current HOA Board of Directors?
Section 209.0051 (e) Members shall be given notice of the date, hour, place, and general subject of a regular or special board meeting, including a general description of any matter to be brought up for deliberation in executive session.
Once again it is very clear that an independent oversight government agency is needed to provide justice for homeowners in Texas. This agency should have been set up when Property Code 204 was passed in 1995, so that homeowners would have an authority to enforce the HOA laws. The legislature also needs to attach fines to state HOA laws. No penalty = no enforcement. Legislators claim they want to have balance, yet there is no balance. The laws were written for the HOA Industry by the HOA Industry.
In response to RF: If you are in fort worth, you are caught up by HOA in several names. First you will get one HOA name what you have now. Thereafter they will tell as follows. You are automatically enrolled in meadowcreek south HOA to Associa HOA to providence HOA to North texas HOA to principal management group HOA and so on. In fact, all these people are same. To better serve our young generation government office is needed as I described earlier. HOA fees/fines and any other types of fines on home owners by builder-title company-HOA must be abolished completely. Builder-title company-HOA must not have any right to go back to the sold home. Be aware of several underground unwanted cable lines. Mineral right retained by the builder-title company-HOA is enough for them to dig the home owners land, according them.
I just reviewed HB 818. It is an important bill and you might want to add it to the list of bills filed.
In our POA every vote has to be signed, including lot numbers, etc. Of course, once the Board of Directors knows who opposed them … I leave it up to you to imagine the consequences.
On the other hand, the POA President has 74 voted in a community of ~120 homes. Again, use your imagination to calculate the odds of making any changes that the POA Board does not agree with.
HOA Filed Bills for the 83rd Session are now listed as follows:
Go to Home Page. Click on Legislation Tab. Click on link “The 83rd Session” – then on The 83rd Session – Bills Filed.
According to our new management company, the HOA is now assessing a new administrative fee of $20 if a homeowner receives a third violation letter. According to the management company representative, the management company is not assessing an additional fee for sending the third letter to the Association. The $20 is being given directly to the association. Essentially, this is a way for the association to “fine” homeowners and raise money for the Association. Therefore it is in the best interest of the Association to see that third letters are sent to residents so that the Association can get more money.
This fee will then be applied to the owner’s account. It may be subjected to interest charges. If the association chooses it can turn this $20 unpaid fee over to the attorney for collection which then means that the homeowner will be responsible for attorneys’ fees on top of everything else. This $20 can turn into thousands of dollars and lead to a lien or foreclosure of one’s home by the Association.
The Board has not made homeowners aware of this new fee. This is a fee that is solely a means to “fine” residents and raise money for the association. How many more “fees” will residents be subjected to that we will stumble upon? The real cost of living in the Association has now gone up although the Association will state that the dues have remained the same. Homeowners be aware and on the look out for additional “fees”.
I am living in a condo in Utah. In May 2011, I received a HOA statement that showed an additional $1493 added to my HOA fees with a letter claiming that I ran into the garage door. One letter claimed they had me on video. Two days later, I received a notice a lien was placed on my property for $3261. It took me over a month to get the repair bill detail and the video which showed another car running into the garage door. However meeting with a 35 year old garage door installation firm in Salt Lake, informed me the repair bill demonstrates the real problem was worn out garage door springs that should have been replaced by the HOA. The HOA finally removed the bill from my HOA statement, but now claims that I was in arrears in my HOA fees. I then get an independent accounting firm to audit my Bill Pay account with the HOA statements. Everything is accounted for May 2011, except a $212 late fee that was assessed in 2009 when dues were increased. BTW: The property management firm has not sent me HOA statements for years. I have been fighting this battle for 2 years over attorney fees even though the attorney, property management and HOA confirm that I have kept up my HOA fees all the while. The HOA attorney cannot provide invoices but claims $20,000 in legal fees that he claims occurred within a 3 month time frame. The Property Management firm cannot even connect the dots; the HOA wants to keep this matter under a sealed lid to the Home Owners, and I am fighting this out in court not to mention recovery of my own attorney costs. I should note, that even though I was paid in full, to resolve this HOA problem, I asked for a pay off amount. I was told $500, asked for it in writing which then came in at $1109.04. I wrote a check to the attorney, who then rejected it to proceed with the foreclosure. I then had to pay $2100 to keep my home from being sold and am now fighting to present evidence to a District Judge. At a hearing to argue to have the right to present evidence, my own attorney showed documents that demonstrated double billing on the HOA attorney. The HOA knows the details and allows this to continue. Current status: waiting to see if the judge will allow me to present evidence in a law suit against the HOA, their attorney and the attorney’s law firm. Jan, 25, 2013.
Did that surprise you that no new ones were written? It didnt surprise me at all. They will now wait another 5 or 10 years and than change them all. It seems to be pattern for them. I am surprised that none were written to get rid of the ones passed last year. I guess I will have to sit and watch my association go bankrupt before anything can be done. I think I will move back to Wichita Falls where I grew up. They seem to want to do a little investigating when someone reports money missing unlike here in Dallas, as I was informed by the DA. They don’t get involved in HOA issues.
The following HOA bills have been filed:
HB 35, HB 449, HB 503, SB 198, HB 680, HB 727.
We recently found out that a homeowner who was NOT on with the board filed liens against homeowners. He used the title “business manager” when he had the liens filed. The board is trying to stop this, but this quy sent out a letter to all the homeowners accusing the board of incompetence, mismanagement, and disregard for the By-Laws, and urged them not to vote for us. He created 4 deed restrictions amendments without the proper signatures, filed them at the court house, and forced 2 homeowners to tear down their carports. He wasn’t even on the board. He is a bully. It took us 20 years to realize this was going on. The board is trying to stop him, and he is trying to stop the board. Board elections are next week. It will be interesting. I started a blog to communicate to people. Right now it addresses XXXX Club Association members. There’s “Comments” if others have similar issues or ideas on how to deal with it.
If we fail to get on the board, I know I’ll get discouraged, but I intend to keep the blog up anyway. The more homeowners that know their rights, the less power HOAs have.
A government agency is urgently needed to correct HOA abuse and injustice. It is past time for the Texas legislature to correct its oversight in empowering HOA boards and failing to provide protection for homeowners. The legislature of the state of Indiana has given the Attorney General this authority. It is past time for the Texas legislature to correct its error by providing an agency to receive complaints and enforce laws. Read this link to understand the power structure of the Texas House: http://info.tpj.org/Lobby_Watch/pdf/HOABobPerry.june2011.pdf
Update: The group who was filing the liens collected 75 proxies and worked another 50 homeowners, mostly in their 80s, into a frenzy by claiming the current board acted illegally. The non-board member who gave himself the title ‘Business Manager’ motioned to remove the entire board, the group held up signs that had already been prepared to ‘Vote Yes’, and it passed. The board was removed in 2 minutes. Most of those cheering for the removal had not attended a board meeting or volunteered an hour to the association in 20 years, and were completely ignorant of the issues. It was a mob mentality.
I also learned that the treasurer used the title ‘Legal Liason’ when signing legal documents to foreclose. The board knew nothing about his actions or his use of that title.
After new Board elected for 2012, the past Treasurer cleaned out the account. Said that a law suit that was filed was paid by one of the home owner’s own money and they were paying her back. Her dues for the Association were now paid for life.
Life in Privatopia. HOAs rule. No government oversight. No checks and balances. This is what happens when state and local governments hand over major responsibilities.
No Liberty or Justice for home owners by builder-title company-HOA
In response to TS: HOA people’s associates are living in some homes pretending to be home owners to spy on real home owners. Thus your HOA treasurer paid money in the name of ‘other home owner’ should be ‘their builder-title company-HOA associates’, and not a real home owner.
HOA fees/fines should be abolished. HOA fees/fines are similar to “taxation (fees and fines) without representation (no government officer in title writing, home inspection, survey plat drawing or to measure the land when citizens buy a home). Even cable subcontract is taken by these local people and thus builder-title company-HOA associates put cable lines and cable boxes in the home owners land, wherever they like even through backyard of the home, when the home is with the builder. Thereafter they sell the home.
Our younger generation must have the right to live in a “really owned home” without any disturbance such as HOA fees/fine etc. When a home owner pays more value than the land value which the home deserves, why should home owner have to pay HOA fees/fines? Is this Liberty and Justice to the home owners when they bought a home? I assume that significant number of homeless people seen today are at least partly ascribable by conspiracy of builder-title company-HOA associates’ fees/fines resulting in foreclosure and thus evicted from their own home.
Therefore Government title company is needed. These government officers must inspect the homes , inspect cable lines, appraise the property and draw survey plat. Builder(s) should not be allowed to put cable lines through back yards of the homes. This will affect privacy of the home owners. Important cable lines should go through front yard underground near the road within a small area ( preferably within 1ft) without affecting the property value. Government title company must monitor. HOA fees/fines or any other fees should not be charged on home owners. Builder-HOA associates must not have any right to go back to the sold home.
In Pennsylavania they protect homeowners associations. CAI chapter claims they have both parties’ interests but that is not so. All the laws that are introduced to protect homewonwers are shot down by them, so if you have them in your state, good luck. Federal government should get involved because there are too many fraud cases out there and good luck getting local authorities to look at them because they have no accounting experience or they have personal relationships with people in the community. Transactions in our HOA have no back up documentation to them especially checks made out to people and businesses. The homeonwers have NO rights unless you have 100k to fight them. They also have refused audits and have never had one. Our state allows you to view the records and it cost me 2,000 to see those records and they were incomplete. The lawyers are right there to violate your fiduciary rights as well and they hide behind their client -attorney privilege. Why do you think they do not want laws to protect homeowners? Because the association’s money, which you pay for, can generate more income for them just keeping the fight going. Our state has a mandated law which says the association has to have one audit at least and they bypassed that. There is only one reason someone would refuse an audit. They have something to hide. The problem is most people in HOAs are intimidated or just don’t want to be bothered. They say it is cheaper to have the association steal from them. I guess when the amount gets too large they will understand.
I have been following the posted concerns and replies for some time.
Today I searched for bills filed for the 2013 (83rd regular) legislative session. Using the criteria “HOA” and/or “POA” yielded no matches.
Have no bills beeen filed to protect property owners from the POA’s? Or has the wording been changed to favor the POA’s once again by hiding the filings?
I composed a letter to the legislators with specific examples based on our experience with an East Texas POA. This includes substantiating data, not just some general comments.
It would be helpful to know whose office to address.
I feel that all legislators need to be informed, not just our Representative and Senator. Especially in light that our Senator [owns] is involved with one of the largest HOA management companies in the US and our Representative feels that Contract Law is involved and needs to be enforced.
=====================
My last check of Texas Legislature Online did not have the 83rd session listed. As soon as it is updated, it will be good to post all information wanted to keep up to date on the latest bills filed, committee meetings, etc.
I have been sending emails since last session ended about condos not having any protection against HOAs and it did no good what so ever. They are not listening. Now they are all being true politicians showing us all that money talks.
In response to RW question: as major reform is needed, the letter may be sent to The president, The supreme court judges, HUD director and governors of all 50 states. Creating government title company and government HOA will solve all these problems.
So far two HOA/POA related bills have been found:
HB 35 (Jose Menendez) – Relating to the authority of a property owners’ association to regulate the use of certain lots for residential purposes.
HB 449 (Dawna Dukes) – Relating to restrictions on xeriscaping by property owners’ associations and certain political subdivisions.
Our HOA has now decided that they will have a committee that will take resumes for open postions on the Board. They will then decide who can run and whom to endorse and then will advise homeowers. There is nothing that states this is in the deed restrictions. The deed restrictions and bylaws are up for renewal. The Board is going to make the decisons on changes with no input from the homeowners, whereas the old deed restrictions and bylaws state that homeowners have to approve the new restrictions by 67 percent. All control has been taken away from homeowners but who can afford an attorney to fight them?
My HOA prevented me from having solar panels installed on my house despite the passage of HB 362 passed in Texas in 2011 to prevent HOA’s from prohibiting solar panels. They used the “developer period” loophole so that even though my subdivision has been fully built out for several years, they claim that since my residence is part of a master planned community, they can claim my subdivision is in the developer period indefinitely. I checked with my Texas representative, and their office claims that the developer is free to do this.
Is anything being done to close this loophole in the upcoming legislative session?
You might double-check what is written in your declaration. According to 202.010(a), the development period must be stated in the declaration.
As far as HOA legislation in this 2013 session, all Texas homeowners must unite to get the laws to protect homeowners. A loud homeowner voice will be heard!
Government title company and Government HOA needed to save home owners and our young generation
I bought a classic Century home in Fort Worth, TX. I am a first time buyer and I do not know how to buy a home. I signed all the documents given by the title company. The builder advertised that my home does not have HOA. Then also I was enrolled in HOA by the title company. The title company did not give me the mineral rights. The builder-HOA-title company all are family members or friends. The builder placed others’ home electric meters and cable boxes in front of my home and put several underground cables to reach the other’s home where the meter and box belong. If they put the meter and box on the owners’ land, they can not put cables on home owners’ land. If they do not have cables they can not come and dig the home owners’ land. Therefore this is a strategy handled by these people. In addition, they put the underground cables along fences between homes. When home owner is not at home, they go to the backyard of the home owner and dig the land. I hope these people misdirect electric companies and cable companies to put cables and meters by saying this land is their own land while it was with the builder and therafter they sell the home. The meter they placed in my front yard belongs to the plot almost 90 homes away from my home. All these people I met as builder and HOA both are foreigners probably from two different countries. Whether they have USA citizenship or not. I do not know.
To better save our young generation, the government must open a title company. The Government title company staff must ask the builder to remove all cable lines intentionally plotted by the builder and thereafter write the property to the buyer. New home buyer does not know anything about home buying. The new home owners will put signatures wherever the title company people instruct. In old age, people do not even have power to read documents. The same government title company must have government HOA officers to inspect the homes. Private people must not handle title comany and HOA jobs. I have given complaint to the Fort Worth city about these boxes and meter placed by the builder in front of my home and asked the city to remove. I hope the city will take action.
-Fort Worth, TX
A lawyer told me of a new Texas law effective Jan 1 2012 which allows a plaintiff or defendant to appeal to a higher court when appearing before a justice of the peace, and, almost without question, if a homeowner files in JP court against a HOA or management company, the HOA or management company will appeal to a higher court and cause increased costs to the homeowner….and the HOA or management company will be using the homeowner’s money to appeal the case,
I have heard nothing about that but will check into it. I think the purpose for using the JP is for not having access to documents or in my case to force them to do audits or force them to have an annual meeting. If a JP would even consider allowing that to go to an appeals court then I would be reporting him before ink could dry on the paperwork. Plus at least now homeowners can be reimbursed for any monies spent if they win the case. When I took all of my information to the District Attorney’s office about my HOA, that’s when I found out about laws and having to have remedies to enforce them. I was also told that it was a civil matter. The courts are already so overrun with severe crime cases that cases dealing with HOAs are not a priority. This is one reason these laws were passed and if, by chance, the HOA did appeal to higher court, I would fight it by using that reasoning. If they won appeal, that would tell me to sell and move, confirming bigger problems than HOA corruption.
Explain to me why HOAs do not have to follow the Texas State Laws. Especially when the management company managers KNOW that their HOAs are not in compliance. Yet, residents are required to follow the DCR and the rest of the governing documents.
If HOAs feel that they don’t have to follow the rules that govern them, then why should residents have to follow the rules that HOAs have?
Maybe we should have more enforcement rights not only against the HOAs but also against the management companies and attorneys that represent the HOAs? If enforcement was done where HOAs were fined or some other punishment, then the associated management company and attorney should also be fined for the same amount for allowing the HOAs to continue to break the law.
If the Texas legislators truly sought the “BALANCE” they profess in the homeowner laws they enact, they would file a bill to insure enforcement rights not only against the offending HOAs but also against the management companies and attorneys that represent the HOAs.
But, once again, consider this affidavit given by a DFW CAI attorney in the 428th Judicial District Court on August 14, 2012: “I personally attended or monitored all meetings of committees of the Texas House and Senate at which most amendments to Section 209 of the Texas Property Code were considered. I also personally attended or monitored all floor debates and votes which most amendments to Section 209 of the Texas Property Code were considered.”
The CAI has written all of the HOA laws and continues to control the writing of HOA laws in Texas. We have the above affidavit not disputed. How can the legislators claim they seek “balance”? There is no balance. In 2013, homeowners must unite and demand their legislators restore their rights. This abuse of homeowners must end.
For any law written there has to be a remedy written as a way to enforce it. If there is no remedy and even though it is a law the only way to enforce it is to file a civil suit against the board. For the HOA if you don’t pay your dues required by your documents and state law, then there is a remedy to cure that, it’s called foreclosure.
HOA attorneys claim they work for the association but they take direction only from the board. My condo assoc. is self managed and our attorney has made several excuses for our board defending their actions. Three years ago I found out we hadn’t had an annual audit done in about 6 years. Since than we had one done. In defense of the board his response was, one way to get around that is get a compilation of 2-3 years done even though it says annually. With his response to the owners the board had one audit done and think all is good now. If he worked for the association he would have seen a problem and advised them to follow the law not ways to get around them. There is a reason why they wont get any audits done, they have too much to hide. Since the board is the one that is in contact with attorney, that’s who he represents,even though my dues money helps pay him. In order for me to get my audits annually I would have to file a civil suit to get it done. No remedy for that law either unless you are a member of a housing community you can go to JP court to get it done,(remedy).
HB 2761 – 209.005 – Sec. (n) A member of a property owners’ association who is denied access to or copies of association books or records….may file a petition with the justice of the peace…
(Previous email 8-14-2012)
Our 30 year deed restrictions expired on Dec 6th, 2012, which state that changes to the rules and deeds need 67 percent of homeowners for things changed and to re-file. Well guess what! A group of us decided to let people know they have rights, but the HOA board called the elderly home owners scaring them and threatening them. One threatened a homeowner that if he signed anything other than a HOA Board doc he would get his barn burned down. No one wants to talk. The HOA Board did all the changes without any input from any one; changed the deed and filed it themselves and said they will pass out the new deed at the next general meeting. We have three positions open next year. We asked about the openings and the HOA board said they are going to stay on. There will be no election or no proxies. Nice group of people huh ?? Can’t afford an Attorney but when you do get an Attorney most Board members are connected with judges and police. One guy said he can’t testify because his business was threatened and he would lose this business from people that are in the HOA and on the board. They covered all of their bases – even elected people who are some how connected.. Texas needs help..
What are the committees this session to monitor and what bills have been filed? What elected reps are supporters of homeowner rights and protections?
There is another beast of servitude out there under the radar – limited districts, a revenue stream for boards, attorneys and property management in great need of oversight.
The two committees concerned with HOA issues are: Senate: The Senate Committee on Intergovernmental Relations (IGR) – New Chair is Senator Juan “Chuy” Hinojosa.
House of Representatives: The committee concerned with HOA issues is the Business and Industry Committee. Until the house members meet and choose a speaker, the new appointments are not known.
How I wish we could give you a list of legislators who are supporters of homeowner rights and protections. This past summer we submitted a survey to most of the legislators and candidates. Here is a link: https://hoareformcoalition.org/issues-survey/. What we can provide is information on legislators who have voted against homeowners in the last session and how much money they received: http://info.tpj.org/Lobby_Watch/pdf/HOABobPerry.june2011.pdf. Do read all of the tables and graphs. Then please unite with us in our efforts this next session.
I too have issues with our HOA (and management company), particularly in the last six years. But, after reading many of these “comments” it sure sounds like home owners have little or no recourse for resolution for the failures of said entities. Very disheartening. Maybe we should all move in to halfway houses. There’s bound to be one either presently or “coming soon” to your neighborhood. They’re REALLY protected. Unbelievable.
David vs. Goliath? Of course. The HOA Industry/CAI have had decades of controlling the laws of Texas. The Industry controlled with the false claim that HOAs “protect property values” – which they don’t. Even the legislators would parrot that statement at hearings. Of course the powerful HOA lobby, TCAA, is ever-present – not just during legislative sessions – but year round.
We are slowly educating homeowners, but so long as homeowners are apathetic and/or fearful, the Industry will continue to control. Ward Lucas’ new book “Neighbors at War” – The Creepy Case Against Your Homeowners Association, and a new documentary to come out in 2013 – THE HOAX by Rodney Gray – should help to educate homeowners. It is important to remember: Buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees.
Texas homeowners must have their rights restored, but it will take all united. There must be government oversight from the Attorney General’s office. This stream of money to CAI attorneys must end.
I fought for these new laws to get passed and it’s a start but they left one important issue out and that was condo associations. I have been fighting ever since then to get that changed only to get ignored. Unfortunately I think I am the only one to notice this oversight. I have yet to hear or read any other complaint about this issue. Am I the only condo owner out there with a rogue board that keeps total control over our hoa? I have written letter after letter to legislators and no answer. I just want a reason because we have board problems also.
Condos and townhomes where owners actually share in their common construction pose unique circumstances but certainly deserve the rights of open meetings, open records, the right to vote and to hold office – the rights of citizens that too often are denied those living in HOAs. There should be government oversight to protect those living in all forms of HOAs so that owners do not have to seek legal help thereby enriching the coffers of HOA attorneys.
It is especially important for those living in condominiums or townhomes to attend all meetings and be cognizant of the financial condition of the common interest property. There have been too many cases recently where investors buy multiple units and take control. In many cases, assessments are immediately raised, no repairs are made, or expensive repairs made without owner approval. Then huge special assessments are levied, which may be beyond the ability of owners to pay.
And no, you are not the only condo owner “out there”. Every homeowner who has a problem must contact his/her state senator and state representative. The legislators must be educated to the state-wide problem of HOAs. And then homeowners must unite at this coming legislative session to demand their rights. In my previous answer I wrote: Consider this affidavit given by a DFW CAI attorney in the 428th Judicial District Court on August 14, 2012: “I personally attended or monitored all meetings of committees of the Texas House and Senate at which most amendments to Section 209 of the Texas Property Code were considered. I also personally attended or monitored all floor debates and votes which most amendments to Section 209 of the Texas Property Code were considered.”
The CAI has written all of the HOA laws, and yet the legislators claim they seek “balance”. There is no balance. Homeowners must unite and demand their rights.
I have spoken to Senator xxx’s legal aide several times about this matter and always got the same response. Which is only section 209 TRPOPA was addressed and condos can’t be covered under the same laws. Nonsense, none of the new laws would have to be changed to incorporate condos into them. HB472 and HB 2761 have nothing to do with the structure of any hoa. They cover common issues like meetings and board control issues, unlike the solar panel or rainwater retention laws that did include condos. Once I mention this and the fact that townhouses are more similar to condos than houses, the aide never responds. Now as far as the CAI, their biggest financial supporter is sitting up there in Austin doing everything he can to keep these bills from passing and they will support whatever he says to support. Why should it matter to them if new laws are put into place to protect homeowners? The ones who are benefiting are the attorney members of the CAI and of course the management companies. They are the ones that have so much to lose if condos are included.
The following agenda was printed on our HOA web site. I went to the meeting that night assuming the following agenda was open to the public, because there was nothing on the agenda list that meets the executive meeting agenda requirements. In so many words I was told to leave because this was an executive meeting. I stated there is nothing on the agenda that requires discussion in an executive meeting. I was told the board can discuss anything in an executive meeting they desire, and I must leave. (or else)
Every single discussion item on the executive meeting agenda should be in the open meeting.
How can this total disregard for transparency be stopped?
AGENDA (executive meeting)
6:00 I. Call to Order
II. Establish a quorum
6:05 III. Approval of minutes
6:07 IV. Management Report
a. Financial Report
b. Collection Report
c. Site inspection
d. Action items
6:25 V. Old Business
a. Pool
b. Tennis Court
c. Security System
d. Budget
6:45 VI. New Business
6:55 VII. Open Discussion
7:15 VIII. Open Meeting
(HOA open board meeting agenda)
a. President’s Report
b. Open to Homeowner’s
Each homeowner will be allowed 5 (five) minutes to address the
Board of Directors regarding his/her concerns. Any owner that
exceeds the five minutes will be asked to place any concerns or
issues in writing.
From Tx 209 law
(c)Regular and special board meetings must be open to owners, subject to the right of the board to adjourn a board meeting and reconvene in closed executive session to consider actions involving personnel, pending or threatened litigation, contract negotiations, enforcement actions, confidential communications with the property owners ’ association ’s attorney, matters involving the invasion of privacy of individual owners, or matters that are to remain confidential by request of the affected parties and agreement of the board.
Why are homeowners bound to obey the CC&Rs suffering immediate penalties for non-compliance whereas HOA boards ignore state laws with no penalties? State legislators recently stated that their goal is balance. There is NO BALANCE! Why is this so? Consider this affidavit given by a DFW CAI attorney in the 428th Judicial District Court on August 14, 2012: “I personally attended or monitored all meetings of committees of the Texas House and Senate at which most amendments to Section 209 of the Texas Property Code were considered. I also personally attended or monitored all floor debates and votes which most amendments to Section 209 of the Texas Property Code were considered.”
Our HOA has allowed residents to pay quarterly dues for the past 6 years. This week, we received a letter stating that the annual assessment is due 1/1/2013. This gives us 30 days notice to pay $880. Our normal quarterly dues are $220. They stated that if we do not pay the balance, interest will accrue on unpaid assessments at 10% per annum. If we need a monthly payment plan, we can contact the board of directors and ask for one, but a $5 charge will be added to every payment.
Are there any laws that protect our residents from the changes being imposed? There was no notice that the dues were going from quarterly to annual.
The answer will probably depend on what is in the restrictive covenants. Some specify annual payments, some quarterly, some other. If there is no specification, other than an amount, current law possibly gives directors discretion to change the plan and impose some charges. If the restrictive covenants do forbid the charge, one suggestion might be to get a group together to try to lobby the board to change.
2012/12/16
Good news! We are allowed to make quarterly payments again. Homeowners received the following:
“Dear ___ Property Owners,
There has been concern expressed by members regarding the annual billing of the 2013 assessment that was recently approved by the Board of Directors at the recommendation of the management co. Further, in 2011, additional requirements were passed per the 82nd Legislative Session that was interpreted to mean that each owner is required to receive an itemized statment per billing period. After further review, legal counsel does not find the previous quarterly payment arrangement to be problematic as long as delinquent owners receive an itemized bill prior to the Association taking third party collection action.
Therefore, based on this information, the Board of Directors has approved quarterly billing for 2013. All assessments will be due January 1st, April 1st, July 1st, and October 1st. All payments not received by the 10th day of the month each quarter will be considered late and interest and late fees will apply. Each owner will receive four coupons to be used each quarter throughout the year. Please be advised that no additional notifications will be mailed and all owners are fully responsible for ensuring that their payments are received on or before the 10th of each quarter. (January 10th, April 10th, July 10th, and October 10th). Payment plans for 2013 will no longer be required unless you wish to make monthly payments. Should you require a payment plan, please notify our office accordingly as we will not send out payment plans based on requests received prior to this notification.
The management co. made recommendations with intent to help ensure that the association is compliant with the Texas Property Code recent changes. The management co. and the Board of Directors regret any confusion and frustration caused to the members of the association. We can assure the members that ____ will continue to receive the level of attention and service required to maintain the community’s success.”
My concern is that under my HOA here in Texas, I am obligated to pay for cable, telephone, internet and alarm services that I don’t want. I am contracted with my cable service that I have had for years and I’m happy with. I have been charged an additional $800.00 bundle charge on top of my HOA fees.
Can an HOA in Texas with deed restrictions regarding parking on private streets and private alleys authorize a tow service provider to tow from public streets? What legal statute applies? Notification was given to homeowners of a towing policy for private streets and alleys and signs are posted at the entrance of each alley and private street. Harris County owns the public streets many vehicles have been towed from without law enforcement authorization. What can be done? Many homeowners have suffered significant financial penalties.
CC&Rs are designed by HOAs to control homeowners who have little recourse. Enforcers drive through the community looking for infractions to allow fines and fees to provide an endless stream of money to the CAI partners – whether attorneys, management companies, or in this case a towing company. HOAs are their business. Fines, fees, liens, and thousands of foreclosure filings do not make strong neighborhoods. Rather they instill fear and destroy neighborhoods. If the CAI truly wanted strong neighborhoods they would prohibit foreclosure, cap attorney fees, demand that HOAs be subject to Open Meetings and Open Records per Government Codes 551 and 552, and recommend that HOAs be subject to government oversight.
I am the guardian for my parents who are in their 80’s and were burned out of their condo in Austin, Texas almost 2 years ago along with all the other residents on the 8th floor. To date, none of the residents are able to begin building their homes back and move in.
The HOA, managed by the Board , hired the general contractor to demo and reconstruct the hallway and the condo walls so that residents could then hire their own contractors to build back their individual homes. This first phase being managed by the condo requires approval by the City of Austin before the residents can bring their own contractors in. To date, this first phase project is not finished and my parents are required to continue paying $661 a month for HOA fees or have their home repossessed. My parents are on a limited income and can’t afford the HOA fees.
The Condo Board told us that we can have our own contractors start bringing materials up to our floor to start work on our units, but the first phase is not completed and there is no safe place to store any materials.
Are we required to pay HOA fees into perpetuity? My parents have already paid more than $14,000 to date in HOA fees due to this incompetence. Is there a law limiting what they can continue to charge us? We don’t know what to do. Is there anyone that you can direct us to that can help? We can’t afford attorneys.
Wrongs are done by commission and by omission. By commission the Texas legislature caused great harm to Texas homeowners by passing Property Code 204 in 1995. (www.HOAdata.org) The Texas legislature continues to err by omission in not providing an independent (NO CAI) oversight agency where homeowners can protest HOA injustice without consulting legal help. This independent agency should have the right to see that HOA boards, management companies, and attorneys obey the laws. Indiana has given its state Attorney General the power to pursue HOAs for criminal acts. Now is the time for Texas’ Attorney General to be so empowered.
My homeowners assn. has sent me two fines now for my trashcans being on the side of my house, $50 each and then 2 $12 fees for certified mail. The fines state that I am in violation of my CCR’s,however when I looked at my CCR’s it has nothing in there about them not being able to be on the side of my house. The only thing that the CCR’s say is that all trash must be kept in a sanitary container. The assn. has posted a fines and fees schedule on the website that has the trashcans in it. What I am wanting to know is if they say that I am in violation of the CCR’s but its not in the CCR’s am I in violation of them, and are the fines legit?
Fines assessed against homeowners benefit the HOA industry. A “myriad of specific purpose fees” have been designed for industry enrichment to the detriment of homeowners. They do not benefit the neighborhood but create ill will and dissension.
We have filed lawsuit and never win. Most Judges have ties to the HOA and would not allow certain discovery that was presented in time and part of the case. The HOA took our land and made it their new emergency spillway for flooding because some Board members wanted more water front property for their land. They told us to flood proof our home, because they need the water for their property value to stay up. We even called TCEQ and they told them we have the right to move the new emergency spillway but TCEQ can’t do anything until 2015 because of new madate laws that were voted on in legislation. Its like living in a third world country. You have no rights even on your land. I have written my representatives and senators with no response.
You had written us about this problem on August 14. Our suggestion was to please contact your state senator and state representative and explain the urgent need of an independent state agency – with no ties to the CAI Industry – where homeowners can file their complaints of abuse. Now you state, “I have written my representatives and senators with no response.”
After enacting Property Code 204 and giving all power to HOA boards, the Texas Legislature has turned its back on homeowners. At the October 8, 2012, Interim House Committee Hearing, two legislators expressed “concern” but stated they were seeking “balance”. There is no balance when this law has resulted in tens of thousands of liens and foreclosure filings. There is no balance when fear, harassment and injustice are constant factors in homeowners’ lives. Lobby Watch
Click to access HOABobPerry.june2011.pdf
has produced evidence of significant “contributions” to legislators and statistics on this vote on a crucial homeowner bill. Do read this Lobby Watch report. See which legislators truly represent Texas homeowners and which represent lobbyists.
It is past time for legislators to truly represent Texas homeowners by establishing this independent state agency – with NO ties to the CAI Industry – where homeowners can file their complaints of abuse. It is past time for legislators to place HOAs under Government Codes 551 and 552 – Open Meetings and Open Records. It is past time for legislators to correct the years of injustice caused by Property Code 204. Indiana has given its state Attorney General the power to pursue HOAs for criminal acts. Now is the time for Texas’ Attorney General to be so empowered.
I added a handicapped extension to the side of my driveway. The HOA and management company in Houston came after us. Not knowing what to do eventually we removed the extension. But they are still suing us for thousands and in the petition it says they will force a sale of the house. I was contacted by someone that told me the HOA and management group had no right in the first place to make us remove the extension because of handicapped laws.
Who can help us deal with this situation?
Once again your question accentuates the need for an independent state agency – with no ties to the CAI industry – where homeowners can file their complaints of abuse.
Now our HOA has decided that you can’t vote if you are behind on dues or, get this, not in good standing with the HOA board. Good Standing, this is crazy. If someone on the board does not like you, you can’t vote. Now we have a board member out getting proxies from the elder residents. The election is 4 months away but no email or information has been sent out about this. Last year they told everyone there would be no proxies, but the board had already gotten proxies so they could stay in office. Seems the Texas Attorney General should step in or at least have a department in his office to oversee such violations.
Seems the Texas Attorney General should step in or at least have a department in his office to oversee such violations.
YES! Homeowners all across Texas have written stating that their pleas to the Attorney General were denied. Our pleas to the legislature are always tempered by the HOA lobbying group,TCAA. There is no provision for justice for homeowners. HOA laws have immediate fines for violations. Texas’ HOA laws have no enforcement penalties and therefore ARE NOT ENFORCED. The Texas legislature authorized all powers to HOA boards, and the industry – attorneys, management companies, and vendors have reaped the benefits of unsupervised power. See: http://www.HOAdata.org. to see the multi thousands of HOA judicial foreclosure filings in Harris County alone. Attorneys threaten foreclosure, owners’ knees buckle, and they pay whatever they are told. HOAs are a multi billion dollar industry. See this link: http://info.tpj.org/Lobby_Watch/pdf/HOABobPerry.june2011.pdf
Millions are paid in lobbying. Great expectations! Great results for the HOA industry. Disaster and injustice for homeowners. It is time for justice for Texas homeowners. Some members of the House Business and Industry Committee declared on October 8, 2012, that they sought “balance” in Texas’ HOA laws. There is no balance
Why are the HOA subdivision names not listed here? I want to know what complaints are out there against my HOA.
Why are the HOA subdivision names not listed here? I want to know what complaints are out there against my HOA.
Your request is certainly valid. The legislature empowered HOAs but has failed to provide an agency where homeowners can file grievances citing abuse and injustice. There should be an agency where homeowners can learn about complaints against HOAs. There should be an oversight agency with power to enforce state HOA laws. This is our constant request also and why we have set up this link.
By publicizing the problems, we are working to show the legislators the need for such an agency.
At the first of the year there were 4 executive board meetings where the agendas were published on our HOA web site. There now have been 11 executive board meetings to date, with 7 not having agendas published.
Now the president has announced the board will not ever publish any executive board meeting agendas, or any executive board meeting minutes. This is in direct violation of Texas 209.0051, but what agency has the legislature authorized to enforce this law?
There are 4 executive meeting agendas’ topics which should have been discussed in open board meetings. Are the following topics even allowed to be discussed in executive meetings, or, by law, should have they been totally discussed in open board meetings? Executive board meeting agendas are required by state law to be published at least 3 days before the meeting. There have been 9 meetings and only 4 have had published agendas. All the below are listed items on the 4 published executive meeting agendas. Which of the below meet the closed meeting requirements?
Election of officers
Minutes of previous meetings read and approved
Management company
Checks to sign
Financial statements
Banking business
Budget 2013
Deed restrictions update
Security – Vehicle decals
Clubhouse: rules for renters, Maids, Checking clubhouse after rental
Pool
Tennis courts
4th of July events
Deed restrictions
Events
Notebooks for events, jobs, responsibilities
ACC
BOD tasks and duties,
Discussion on contracts for each section
Website
Committee standards
It appears that the real board meeting IS the executive board meeting.
HOAs should be held to the Texas Open Meeting act to provide justice and transparency. The untold loss to fraud and embezzlement must be ended.
(HOAs are using private management companies to charge fees for services that HOAs have typically provided for free or little expense.)
I really oppose the so called “quote fee”. When selling your home you must show proof of payment for any taxes or fees on your property. This information must come from the taxing entity itself. The title companies will not accept this information from anyone else. The county provides this information for free, the MUD provides this information for free, but many HOAs are charging very large fees for this. In most cases, they allow their management company to initiate the charge and then the HOA passes the charge on to you.
In my case, the HOA is self managed. The homeowners are charged an annual assessment to cover the expenses of operating the HOA office, including salaries, equipment, and supplies. When I wanted to sell my home, the HOA charged me $100.00 to provide me with a one page, unsigned, receipt showing I paid my annual assessment. It took the clerk (whose salary I had already paid for) less than a minute to produce the document. At closing the HOA charged another $100.00 to change the name of ownership on their records. This should also take less than a minute. That’s $200.00 for less than two minutes work (or $6000.00 per hour) for office administration work I already paid for with my annual assessment. I made a written request for a refund to the HOA which was denied, stating they were looking for additional sources of revenue. They justified the fee by noting that other HOAs with outside management companies are charging similar fees.
HOAs may claim that deed restrictions and by-laws are there to protect the homeowner. They may or may not limit what the HOA can do, but they certainly have no control over what the management companies do and HOAs seem happy to use their authority to pass those outrageous fees on to the homeowners. People don’t realize they are paying so much for so little. Unfortunately, these fees are becoming part of a standard fee schedule used by HOAs, management companies, realtors, and title companies. How can these parties justify these fees?
Limited Districts are proliferating below the radar – they are a revenue racket – taxing districts, paying the boards, attorneys, property mgt. The Legislature must address these banana republics and emancipate the indentured homeowners.
How practical is the idea of dissolving a HOA in the state of Texas?
How practical is the idea of dissolving a HOA in the state of Texas?
One homeowner had written:
“…Our section, one of five, was able to dissolve itself from the HOA…..It cost each of us $300 to do the legal paperwork. Our CC&Rs allowed us to amend it with 2/3 of the HOA members of our section. Since we didn’t have any amenities, we went ahead and amended our CC&Rs to delete the HOA and Liabilities pertaining to the HOA. We kept our CC&Rs as Deed Restrictions only.”
Another effective means to stop HOA abuse is to establish a homeowner website to educate neighbors and find neighbors who agree. HOAs rule by greed and fear. Greed goes with the false claim “HOAs protect property values.” Fear is instilled in owners because of the uncontrolled power of HOA boards. See http://www.HOAdata.org to see the legal power wielded by the HOA industry.
Another very important result of the last session was Rep. Dutton’s HB 1228 – Sec. 209.0093:
Sec. 209.0093. REMOVAL OR ADOPTION OF FORECLOSURE
Authority. A provision granting a right to foreclose a lien on real property for unpaid amounts due to a property owners’ association may be removed from a dedicatory instrument or adopted in a dedicatory instrument by a vote of at least 67% of the total votes allocated to property owners in the property owners’ association. Owners holding at least 10% of all voting interests in the property owners’ association may petition the association and require a special meeting to be called for the purposes of taking a vote for the purposes of this section.
We live at a lake subdivision in Texas. Neither our By Laws nor Deed Restrictions contain architectural home exterior or yard landscape specifications. Our homes are all different, mixed together…old and new. Last month at a board meeting, the President, VP, Sec, Treas, and three Trustees, added the first new rule to our Rules and Regulations pertaining to basic yard maintenance and a three tier fines assessment. They explained in a letter to members that they hoped it would make our yards “uniform in appearance”. I was shocked that they could do this and even more shocked two weeks later when I received an unsigned letter sent by regular mail telling me my yard was in violation and I had “ten days to mow, weed eat, mow, trim, prune…everything needed to establish a healthy lawn”. In my opinion, my 1.5 heavily wooded lot looks fine and it’s planted with native pines and drought resistant plants.
Can they do what they did?
Can they do what they did?
Should they have done what they did?
Is it right what they did?
Does (what they did) help the neighborhood?
“Uniform in appearance” enables fines – “three tier” in your neighborhood. “Uniform in appearance” does not protect property values. “Uniform in appearance” enables the HOA industry.
Many associations claim their stated purpose is to protect property values and enhance the lives of its members. With the burst of the housing bubble and the economic downturn, it is evident POA/HOAs do not protect property values. Homeowners’ lives are not enhanced by rules, regulations, fines, fees, harassment, and certainly not by suing neighbors and foreclosure. Homeowners’ lives are enhanced by respect for neighbors and neighborhood values.
I noticed your inquiry to the TX House District xx candidates.
We both seem to have similar interests when it concerns HOA / POA regulation. So far only one candidate responded to my inquiry. The reply is below.
It seems that he fails to understand that the HOA / POA Board of Directors have the authority, and use it, to unilaterally change the terms of the “contracts” without property owners’ inputs, notifications, open meetings, or discussions.
The POA we belong to, simply because we own property in the development, increased the size requirements for the living area and garage space. This was done without any notice and rendered almost 50% of the existing dwellings illegal.
It is a lake side community, but the POA does not allow boats in the driveway. Another restriction that was not in the original “contract” signed by property owners.
Now the rumors are that the POA will require a certain foundation construction technology. Will requiring marble countertops and stainless steel appliances be next?
Response from candidate for Texas State legislature:
Subj: RE: HOA / POA Inquiry
I am against infringing on the rights of property owners but am in favor of enforcing contract law in Texas, including HOA contracts.
Contract – A document containing the terms of an agreement.
The usual complaint from homeowners has always been that they never saw the “contract” or Deed Restriction documents that most legislators maintain must be enforced. Buyers contracted for a home. Most had no idea of the control that would be exerted on their homes by the developer, HOA, management company, and/or attorney. But now since the HOA laws enacted by the 2011 legislature, these “contracts” have been changed without property owner input, notification, open meetings, or discussions. Those changes have been filed with the respective counties and typically initiate additional fines and fees. How can these changes be considered a “contract”?
Homeowners seek statewide protection from a host of abuses that have long ago been addressed for all other forms of government. Extraordinary powers given to HOAs should be replaced with more limited powers to address what HOAs really need, as opposed to the power they want.
Most boards do what they want and not for the homeowners. For instance our board took all speed limit signs down and the gate because some didn’t like the speed limit signs and the gate. So now we have a race track in our subdivision. The board does what ever they want. There’s no law to protect us from board of directors.
I know thare are several HOA members in the past and presently that are convicted felons. What are the guidelines if any for convicted felons holding office in a HOA? Is it any type of felony or is it only money issue felonies?
HB 2761 – Sec. 209.00591 – Board Membership. (b) should be helpful to you.
I read that but it says Moral Turpitude which does not give a certain type of crime, so it leaves it wide open to what ever they (board) decides. Which would be Ok if its their friend but no if its a someone they don’t like ..so how do we understand the type of crime ?
I am the Secretary of our HOA tasked with sending out proxy ballots prior to the annual meeting in January. I am told that they must now include specifics regarding votes. Where can I research this so that the ballots comply with current law?
HB 2761 – Section 209.00592 – gives information that should be helpful to you – especially under (c) – A solicitation for votes by absentee ballot must include….
I belong to the Olympia Hills Neighborhood Association (ONA). There are currently no written rules whatsoever that govern what any of the various committees that are part of the ONA may do or not do. As a result, they arbitrarily refuse to approve requests to members they don’t like for fences or changes to one’s house that they approved for other members. They then lie about having approved the other projects so they can continue to deny those requests.
Now they have passed a policy to restrict flags in the ONA but have only sent out one letter to inform a member they were in violation while dozens of other flags are not targeted and members informed.
What can we do about these abusive practices?
You have a most unusual situation. The HOA offers different categories of membership and a Voluntary to Mandatory Incentive Plan to those who would like to become a mandatory member of the Association. This plan rewards homeowners for making their property a part of the mandatory association. Of course, who willingly wants to be a guarantor for all debts incurred by the HOA, and have his house security for the board’s spending sprees?
The arbitrary response to different members could well be related to the membership status.
Please contact your state senator and state representative informing them of the injustice in your HOA. The legislators must constantly hear of this injustice so that laws are passed that attach penalties to HOAs that abuse homeowners and there must be an agency that enforces the penalties on the HOAs.
I am a Mandatory Member. I am current with my dues.
This has been happening from the first day I moved here. It started with the Association manager and seeped down to the various committee chairmen all of whom were under the influence of a local city councilman who then turned around and got the city code compliance officer involved. None of them could cite relevant code or written rules that I had violated and turned to that specious claim of Community Standards but had no response when I informed them that I was a member of the community as well and I have standards that cannot be dismissed out of hand.
That’s when every request I made (in accordance with their written rules) was denied and when pressed for reasons they lied and quoted the unwritten rules that were never rules in the first place. Others in the neighborhood were granted these requests without the months of delays and numerous inspections and re-inspections that I went through.
I am of the belief that this is a personal vendetta since no one else that I have spoken to here has had to deal with anything like what I have encountered. I am considering legal recourses at this time because I am not sure our legislature will step in to help stop these abuses.
I am a homeowner in Wylie, TX. I continually receive notification from my HOA that my lawn needs to be mowed, when I mow it approximately every 7-10 days and edge it every other mowing. I follow guidelines for water conservation and have been leaving the grass 2nd from maximum height setting on my mower so I have to water less. I also received a letter because I have an ORANGE hose on the side of my house; a drive thru my neighborhood will show multiple homes with hoses on the side of their homes in view.
I have done home projects where items were left in the driveway to dry and received warning notifications from the HOA. My neighbors (yes multiple) complain about harassment as well.
At what point did owning a home feel like still having a landlord?
Who can I talk to about this? What are my rights? I am waiting on response from the City of Wylie, as I want to know what enforcement rights the HOA has in the city, especially when involving lawns.
As a responsible homeowner, you state that you follow guidelines for water conservation, yet continually receive notifications from your HOA about your lawn. The following is from the CAI:
“CAI in Community Green has a strong commitment to thoughtful environmental stewardship, a commitment that is shared by millions of community association leaders and residents. We abide by three fundamental principles:
Collaboration with our neighbors is the best way to develop sustainable, consensus-driven decisions.
Respecting property rights and honoring private agreements between associations and homeowners are compatible with sustainable environmental practices.
Vigilant consideration of our actions can minimize our environmental footprint.”
You also state that you have received notifications about other home projects and that your neighbors complain about harassment as well. It would be good if HOA boards, management companies and attorneys would respect property rights and homeowners’ efforts for sustainable environmental practices. Harassment of homeowners for normal living does not contribute to neighborhood good will nor does it help to minimize our environmental footprint. Normal living does not destroy property values.
As stated in the Conclusion of the Coalition Platform: ” Homeowners seek statewide protection from a host of abuses that have long ago been addressed for all other forms of government. Extraordinary powers given to HOAs should be replaced with more limited powers to address what HOAs really need, as opposed to the power they want.”
All Texas homeowners must unite in contacting their State Senators and State Representatives stating the HOA abuses and injustices they have suffered. There must be penalties assessed against HOAs for their violations and an independent state agency must be established – with no ties to the CAI industry – where homeowners can file their complaints of abuse.
I am a concerned homeowner. I was on our board of directors until Feburary of 2012. I know that the new laws took effect in January of 2012. My question is how can our property owners get our board of directors to give us a copy of the By-Laws? I have asked many times. All I get is the run around. So as a homeowner, what can I do?
HB 1821 – Section 207.003, Property Code entitles an owner to receive copies of any document that governs the establishment, maintenance, or operation of a subdivision, including, but not limited to, restrictions, bylaws, rules and regulations, etc….These documents must be made available to you by the property owners’ association or the association’s agent on your request.
SECTION 3. Section 202.006 Public Records. (a) A property owners’ association shall file all dedicatory instruments in the real property records of each county in which the property to which the dedicatory instruments relate is located.
(b) A dedicatory instrument has no effect until the instrument is filed in accordance with this section.
Copies of the restrictive covenants and dedicatory instruments may be obtained from the county clerk.
The above is all found in House Bill 1821 which became law January 1, 2012. As usual there are no penalties, fines, etc. against the HOA for not providing documents. There is no agency – no authority that HOAs are subject to. The legislature gave HOAs all power and then turned its back on homeowners.
Homeowners need Open Meetings and Open Records according to Government Codes 551 and 552. The laws passed in 2011 are purposely convoluted to confuse and intimidate homeowners. Homeowners need access to an independent state agency that has authority to receive homeowners’ complaints and to enforce just laws.
It is absolutely necessary for you and all Texas homeowners to contact your state senators and state representatives alerting them to the fact that all of the HOA laws passed in 2011 were HOA laws NOT homeowner laws.
How far can an Architectural Control Committee go in deciding or declining a homeowners request to make an external improvement to their home? For instance, can they deny a roof because they (the ACC members) don’t think it matches (is not in harmony with) the color of the brick? Can they write guidelines such as listing allowable fence colors and implement those with just a board vote or does that require a vote of the homeowners?
To further explain my question – if the ACC writes “guidelines” that are more restrictive than the covenants in an effort to “simplify” the process for homeowners is that allowed without a vote of homeowners? Their reasoning is that these are just “guidelines”.
Your comments/questions:
Can they write guidelines – “guidelines” that are more restrictive than the covenants – such as listing allowable fence colors – deny a roof because they (the ACC members) don’t think it matches (is not in harmony with) the color of the brick? – and implement those with just a board vote or does that require a vote of the homeowners?
reveal the HOA industry at work. The new HOA laws apparently are being circumvented. Too many associations have just decided to change deed restrictions by board resolution. This practice of changing deed restrictions without a member vote further endangers homeowners in HOAs. Homeowners are told to “read the CC&R’s” before buying in an HOA, but when the rules can be constantly changed, prior knowledge is no advantage when subject to new “guidelines”.
As stated in the Conclusion of the Coalition Platform:
” Homeowners seek statewide protection from a host of abuses that have long ago been addressed for all other forms of government. Extraordinary powers given to HOAs should be replaced with more limited powers to address what HOAs really need, as opposed to the power they want.”
All Texas homeowners must unite in contacting their State Senators and State Representatives stating the HOA abuses and injustices they have suffered. There must be penalties assessed against HOAs for their violations and an independent state agency must be established – with no ties to the CAI industry – where homeowners can file their complaints of abuse.
So these new guidelines are changes to the deed restrictions then, correct?
I just found out that our HOA on January 31,2012 conducted elections with secret ballots. Secret ballots have been outlawed in Texas with section 209.0058 effective January 1 , 2012. What can the homeowners do about this law breaking by our Board?
HB 2761 states:
Sec.209.0058.BALLOTS. (a)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.
(b)Electronic votes cast under Section 209.00592
constitute written and signed ballots.
(c)In an association-wide election, written and signed
ballots are not required for uncontested races.
Homeowners are assessed penalties for any real or imagined infraction. HOA Boards are all powerful and subject to no oversight and no penalties.
Please contact your state senator and state representative and explain the urgent need of an independent state agency – with no ties to the CAI Industry – where homeowners can file their complaints of abuse. All homeowners must unite in reclaiming their homeowner rights.
If a dedicatory instrument is amended by approval of the homeowners, the law says that it is not valid until filed in the county records. Is there a deadline for filing the approved amendment in the county records? Does the amendment expire after a certain amount of time if it is not filed?
Thank you
HB 1821 includes the following:
SECTION 3. Section 202.006, Property Code, is amended to read as follows:
Sec. 202.006. PUBLIC RECORDS. (a) A property owners’ association shall file all [the] dedicatory instruments [instrument] in the real property records of each county in which the property to which the dedicatory instruments relate [instrument relates] is located.
(b) A dedicatory instrument has no effect until the instrument is filed in accordance with this section.
SECTION 9. Not later than January 1, 2012, each property
owners’ association shall present for recording with the county
clerk as prescribed by Section 202.006, Property Code, as amended
by this Act, each dedicatory instrument governing the association
that has not been previously recorded in the real property records
of the county.
SECTION 10. This Act takes effect January 1, 2012.
We have a developer who constructed the by-laws and organization such that he is the sole decision maker. Every organization the owners would use to seek redress is controlled by his one vote. On top of that, there are no annual meetings or communication to owners that is not vetted by him. Other directors are his direct employees. The homeowners are meeting to form an organization to represent the residents. The deliverables like a rec-center are 6 years overdue. The HOA act will force the first ever vote of the membership. If he is able to count lots while we count residents, we will be goners. Can he open new phases to rig the win or can we force a super majority quorum? How do we change by-laws? His old method did not allow floor participation but that is the part he wants to change.
Developers exerting total control over homeowners in an HOA is too common a problem throughout the state of Texas. Developer control for a few limited years is reasonable but this “temporary power” soon becomes so indispensable and profitable that too many developers cannot relinquish control. Many times buyers are told that the developer will cede control when a certain number of homes have been sold and then find that the developer buys additional property and plans more houses. All this time the developer controls the board, the By-Laws, and all HOA documents.
The solution is to be found where the problem began – at the legislature. Although the CAI and builder industry have the $$$$$, we have the people. The homeowners of Texas must unite to defend themselves against the injustice of HOA laws. Every homeowner must write to his state senator and state representative demanding that the laws be changed. Telling the HOA Reform Coalition of your problems will help in determining the 2013 Coalition platform.
Seems like a lot of people don’t distinguish between $20 a year neighborhood associations, which have no power to compel anything and are voluntary, and deed restriction HOAs. Also many of the postings from you are links to articles but seem to be totally focused as anti-HOA (or implied to be that). Is it really acceptable to most of the people who are anti-HOA to allow 20 cats in a one bedroom condo?
Buying into an HOA is far worse than co-signing a note with strangers. A note has a fixed amount, defined terms, and can be paid off. In an HOA there is a lien that can never be paid off. The homeowner is a guarantor for all debts incurred by the HOA, and his house is security for their spending sprees.
Reasonable deed restrictions, approved by the members are beneficial to a community but HOAs should not be permitted to micro manage families. HOAs should support the rights of homeowners – not deny them.
Boards will no longer be able to legally keep homeowners from voting or running for the Board. Many HOAs require that members be “in good standing” a process that can be used to keep people from voting or running for the Board, whether or not the “issues” against them are legitimate.
Our covenants do say that a member in good standing is a member that has paid their dues. Is this no longer a valid statement. We do not allow folks that have not paid their dues to vote or run for the board. We are a new group of board members and are here to solve some of the abuses of the past. Which bill addresses this issue. We have not seen anything that we did not welcome, we will be able to develop our HOA as it should be. It looks like even more work to dissolve it.
Section 209.0059 of H.B. 2761 – Right to Vote – states that a provision in a dedicatory instrument that would disqualify a property owner from voting in a POA election of board members or on any matter concerning the rights or responsibilities of the owner is void.
We are in a serious battle with our HOA; they made their new emergency spillway in my front yard and my neighbors’. Now my house floods; the damages are over $200,000.00 between my house foundation, the interior, one other small office home, and barn all flooded. I can’t find anyone legally to help us. I can report them but to whom? There is no governing body that can help..any answers ??
Please contact your state senator and state representative and explain the urgent need of an independent state agency – with no ties to the CAI Industry – where homeowners can file their complaints of abuse.
I will ( … contact {my} state senator and state representative and explain the urgent need of an independent state agency – with no ties to the CAI Industry – where homeowners can file their complaints of abuse.)
The problem is most of the HOA board are friends with senators and represetatives in our area. Its an election year so nothing will be done. We even have a Board member that says you can’t come to the meetings to complain about their board. If they don’t like it they can dismiss you from talking.
Since Property Code 204 was passed by the Texas legislature in 1995, the odds have always been against homeowners. The CAI Industry and its lobbyists have controlled with the false mantra “HOAs protect property values” – which mantra has been parroted incessantly, despite all evidence to the contrary. HOAs protect the Industry at the expense of homeowners. Homeowners from all over Texas must unite in demanding just laws such as Open Meetings/Open Records per Governments Codes 551 and 552, and an independent oversight agency.
nice information, many thanks.
We have 2 serious concerns over the conduct of our 300 unit Hoa Board. A. Tranparency…our Board meets several times a week and never posts a notice of these meetings. All decisions and commitmentsare made without homeowner input or voting( including the selection and hiring of a new Management Company). B Conflict of Interest 1 board member is a contractor who regulary receives contracts on building work from the Board…over $62,000 to date. There does not appear to be proper competitive bidding and when there is he is listed on the RFQ as the person that any other bidder is to contact with questions.
Please offer any advice, suggestions, etc. for the concerned home owners.
How the CAI Industry can continue to claim HOAs are the models of democracy in action when it is evident NO input is wanted from homeowners on any board action. Homeowners must contact their legislators to this “board disregard” for HOA laws. There must be immediate penalty for this flaunting of the laws. Why does the legislature understand and approve penalty for homeowners’ failures but not for the board’s, management’s, or attorney’s failures? This injustice must be corrected in the 2013 session.
I’m in a subdivision of 500 units and we are having the same transparency issues. Even our management company is stating that the board is making decisions outside of meetings and they are not being told what the decisions are. Our HOA is flat out disregarding the laws. Even when it is pointed out to them, they make excuses and say well the laws are so difficult to understand that we are going to wait and see what happens when lawsuits occur
So long as the CAI Indusry is allowed to write “laws (that) are so difficult to understand” its goal is achieved. Why does the CAI fight Open Meetings and Open Records as in Government Code 551 and 552? Why are homeowners in HOAs denied the rights to open government enjoyed by all other citizens?
My biggest concern is there is no enforcement mechanism of the new 2011 HOA laws. Our HOA pretty much ignores the new laws, especially those associated with transparency. I pray the 2013 legislature will write into the 2011 laws penalties for failure to comply similar to the Texas open meetings law….(or, of course……require the HOAs meet the Open Meeting law.
i agree
I wish we knew where to turn so that our HOA would abide by the state laws. The Legislature passed some new laws to try to help homeowners a little, but our association completely disregards the new laws and is doing business as before. What are our options? Do I have to hire a lawyer or can the District Attorney help?
Your problem is shared by tens of thousands of homeowners across Texas, i.e. association boards disregard HOA laws and have no accountability. Homeowners are penalized for any real or imagined infraction. Association boards answer to no one unless a homeowner seeks expensive legal help in fighting laws framed by the industry.
What is the solution? An independent state agency – with no ties to the CAI industry – where homeowners can file their complaints of abuse.
Title 11. Restrictive Covenants, Chapter 209. Texas Residential Property Owners Protection Act, Sec. 209.002 (6) defines “owner” as a person who holds title to property in a residential subdivision and includes the personal representative of a person who holds record title to property in a residential subdivision. Some HOA bylaws state that only a homeowner whose name is on the deed can be a part of the homeowner’s association. What about the second half of that sentence. Does this mean that a homeowner can designate his own personal representative? Does that mean this person would have the right to vote and participate on the board? What are your thoughts on this?
H.B. 2761
Sec.209.00591- Board Membership – concerns a property owner’s right to run for a position on the board of a property owners’ association. The law only states owners, not non-owners, which subject could be addressed in the Bylaws.
Sec.209.00592 – details how the voting rights of an owner may be cast.
Sec. 209.005 (e) – an owner or the owner’s representative, fulfilling all of the requirements, may access information.
Why can’t I find out how much a resale certificate is? I have been directed to the closing portal. I am not closing. I am just a realtor trying to find the cost for my buyer or seller which is negotiable who pays.
HB 1821 requires that an HOA provide a purchaser of a home with a “resale certificate” upon request. The cost of the resale certificate is unlimited and the amount of time the HOA has to prepare it has been extended. For full understanding please refer to HB 1821, Section 207.003.
We are a small HOA, $20.00 a year. What Texas Agency can answer HOA questions. We have a tresurer that we are trying to remove and she claims to have information from Texas regarding HOA rights. Meanwhile our small bank account is at risk.
What Texas Agency can answer HOA questions? There is none. The Texas Legislature empowered HOAs but failed to provide an agency with oversight. Homeowners are subject to injustice and abuse but have no where to turn. Join our Coalition as we once again seek laws that will restore homeowners’ rights. Also, write to your State Senator and State Representative explaining the need of a State Agency to oversee HOAs.
That’s the whole point! We must demand from our senators to set up an agency to regulate those HOA boards. They must have something to fear if they think they can take our hard working money and go shopping for themselves. Every other state has something in place like a monetary or legal consequence for the greedy boards, except Texas.
Hello,
It would be helpful to hear your response to the issue we are having in our HOA. Based on the new Texas laws, owners in arrears on their HOA dues are still able to vote in elections.
Last year, a group of homeowners organized and forced the original developer out of the HOA. To say there was HOA mismanagement under this developer would be an understatement. With the new HOA team, made up of homeowners, they have collected over $150,000 in past due developer HOA dues and filed suit against the developer(s) who are in arrears on their dues.
The original developer I mentioned above still owns lots. He has organized with another developer, also in arrears on HOA dues. Combined, they have enough votes and have called a special meeting to remove the current HOA board members. They want to replace the current board so they can appoint members (even themselves) who will cease with the collection efforts and law suit against them.
So, the new laws which were designed to protect homeowners are actually working to the benefit of disgruntled developers who are in arrears on their dues and fines. While the majority of the home and lot owners do not want the original developer to take control of the HOA, thanks to Texas law, we may be powerless to do anything about it.
Do you have any thoughts or suggestions on this issue?
Your problems confirm the fact that there are still major flaws with Texas’ HOA laws and the need for legislators to cure them. That is why we have asked Texas homeowners to write us telling us what they need and want so that we can construct a platform that will be truly representative. If the homeowners of Texas unite, writing their state senators and representatives telling of the abuses they encounter, then perhaps 2013 will see legislators who will vote to represent their constituents and not the lobbyists.
Even after the developer takes over, they have a fiduciary duty to the HOA to collect all outstanding collections. If they don’t you can sue the new board for Breach of Fiduciary Duty as an individual or a group. Be prepared for a long hard slog. I know. I did it.