Homeowners’ associations (HOAs) began decades ago as a way to preserve property values in Texas neighborhoods. It’s well-recognized that a coordination of efforts among residents facilitates the appearance and enhances the appeal for potential buyers. There are various laws that apply to the formation, management, and powers of the HOA, which have inevitably led to disputes between the association and homeowners. When disagreements arise over rights and responsibilities, it’s essential to retain experienced counsel to represent your interests.
At Hargrave Law, PC, our team has extensive experience handling complex HOA disputes and in-depth knowledge of the applicable laws governing Texas HOAs. We’ll be at your side in attempts to resolve differences without resorting to litigation, but we’re equally prepared to advocate on your behalf in court. Please contact our office to set up an appointment with an HOA attorney who can advise you on your options. Some background information on the basics may also be useful.
Purposes of an HOA
The point of an HOA is to elect leadership from among the members who will oversee management of the community according to its formation and governing documents. The key terms will be contained within:
- Articles of Incorporation for a Non-Profit Corporation;
- HOA Bylaws;
- Declaration of Covenants, Conditions, and Restrictions (CC&Rs);
- HOA notices;
- Amendments to the above documents; and,
- Many other documents.
Though the exact structure will vary, the leadership of an HOA will be a board of directors and/or officers who are members of the association by virtue of ownership. However, for newer developments, the HOA may be managed by the developer until there are enough members to handle these essential tasks.
Overview of Texas HOA Laws
There are numerous provisions within Texas statute on the powers of property owners’ associations, and our team at Hargrave Law, PC can provide details. The laws that are most pertinent to the HOA – Homeowner Relationship cover:
- Rights and duties of homeowners, including payment of assessments, complying with restrictive covenants, and community standards;
- Powers and responsibilities of the HOA, such as the enforcement of community standards, collecting assessments, and maintenance of designated common areas;
- The procedural and notice requirements for meetings of the board, members, and other interested parties;
- Duties of the members of the board of directors and/or officers;
- The process for amending or modifying governing documents; and,
- Powers of the HOA to impose liens upon the property of members who fall behind in assessments.
Common HOA Disputes
Frequently, disagreements between the HOA and homeowners because of the community standards and provisions contained with the CC&R. This document includes extremely detailed language on what residents can and cannot do with respect to their property. Many homeowners see this as overreaching by the association when they’re not allowed to act freely upon the real estate they own. Examples include approved paint colors, restrictions on parking in the streets, dog breeds, and HOA orders to make repairs.
In addition, homeowners and the HOA may encounter disputes over:
- Obtaining approval for construction projects and renovations through the HOA Architectural Committee;
- Collection efforts by the HOA to get payment on overdue assessments;
- Interpretation of restrictive covenants in the CC&Rs;
- Collection of special assessments for HOA projects; and,
- Many others
Contact a Texas HOA Lawyer for More Information About Applicable Laws in Florida
If you’re involved in an HOA dispute or have questions e formation, management, and powers of the association, please contact Hargrave Law, PC to schedule a consultation with a member of our team. You can call 817-282-0679 or complete an online form to reach our offices in Bedford, Carrollton, or Grapevine, TX. Once we review your circumstances, we can advise you on your options.