In Texas, certain planned communities are governed by a homeowners association (HOA). Their powers and responsibilities vary based on the property type and governing documents.
Who Regulates HOAs in Texas?
HOAs in Texas are regulated by the Restrictive Covenants statute, found in Title 11 of Texas’ Property Code. This statute applies to all planned unit developments, condominiums, townhomes, or other similar developments. An HOA is also managed by its own governing documents.
The governing documents of HOAs typically include: Articles of Incorporation, Bylaws, Declaration of Covenants, Conditions and Restrictions, and other rules and regulations. However, all HOAs are different in what documents they may contain.
HOAs in Texas may be subject to applicable federal law such as:
HOAs may be subject to certain state laws such as:
- Texas Residential Property Owners Protection Act
- Texas Nonprofit Corporation Act
- Texas Fair Housing Act
How to Find HOA Regulations in Texas
All HOA governing documents are public records in Texas. The records must be filed in the county where the property is located. To obtain these documents, visit the local county clerk’s office.
Alternatively, a website is available for the public to access these records and reports produced by the Texas Secretary of State for a fee of $1.00 to search.
HOA Powers in Texas
In Texas, an HOA has the power to:
- Collect payments for common expenses
- Regulate common areas
- Collect charges to maintain and operate the common areas
- Levy reasonable fines
- Foreclose on a house for unpaid liens
Also, HOA governing documents can grant more powers such as restrictions on exterior paint colors, fencing, membership, and parking requirements.
Can an HOA Impose Fines on a Homeowner in Texas?
In Texas, an HOA can impose fines on a homeowner for violating its rules if stated in the governing documents. Texas law alone does not give HOAs the right to impose fines on homeowners.
The governing documents will note the amount and types of fees in the HOA as well as notice requirements for such fees.
If the governing documents grant the right to impose fees, a written notice must be sent by certified mail stating the type of violation, amount, and any rights the property owner has or instructions to remedy the incident.
An HOA cannot fine a homeowner for (or generally prohibit) any of the following:
- Implementing measures for solid-waste composting
- Installing rain barrels or other efficient irrigation systems
- Using drought-resistant landscaping
- Installing a solar energy device
- Installing shingles on the roof
- Displaying the American flag, the State of Texas flag, or any military flag so long as it is displayed in a manner consistent with federal flag display law
- Displaying religious items on the entry door so long as it is consistent with the state of Texas and the US constitution
- Installing a standby electric generator
- Transporting, storing, or discharging of a firearm so long as the homeowner is lawfully able to possess a firearm
- Installing satellite dishes and antennas
The governing documents of an HOA may include reasonable rules and regulations about the placement, manner, and display of any of the items listed above.
Can an HOA Take a Homeowner’s House in Texas?
An HOA in Texas can foreclose on a home within its community. The process starts with an HOA placing a lien on a property when the owner neglects to pay their dues. If a lien goes unresolved, the HOA can foreclose on the house.
There are two ways an HOA can foreclose on a home:
- Judicial Foreclosure. The HOA files a petition for foreclosure with the local court where the property is located. If the court enters a judgment, the HOA can seize and sell the property to satisfy the lien.
- Expedited or Non-Judicial Foreclosure. If granted in the governing documents, HOAs can apply for a court order allowing the sale of the property. Proper notice must be given to the homeowner and they have a right to waive this requirement in writing unless living in a condominium.
An HOA cannot evict a homeowner. However, if the homeowner is leasing a tenant, the HOA may be able to evict the tenant. For example, an HOA may be able to evict a tenant if the lease was not properly authorized by the HOA.
In addition, the HOA may have other powers or restrictions regarding rental properties in its governing documents.
Can an HOA Enter a Homeowner’s Property in Texas?
In Texas, an HOA can enter a homeowner’s property as reasonably necessary to maintain units, common elements, or shared utilities.
Units are private spaces only intended for the property owner’s use but have certain spaces that require maintenance by the HOA, such as balconies. Common elements are the shared spaces around the units owned by the HOA, such as elevators. Shared utilities may include water or trash removal directly provided by the HOA.
Except in the case of an emergency, the HOA must generally give prior notice before entering the property. Usually, an HOA will give 1-2 weeks’ notice, but the timeline of the notice is ultimately determined by the governing documents.
Where Do Homeowners File Complaints Against Their HOA in Texas?
The appropriate agency to file a complaint against an HOA depends on the type of complaint.
If a homeowner feels they are a victim of housing discrimination, they can file a complaint with the Texas Workforce Commission, the U.S. Department of Urban Housing, or file a private lawsuit in Texas state or federal court.
For complaints concerning HOA fees, a homeowner can file a complaint with the Texas Department of Housing and Community Affairs, the Federal Trade Commission, or the Consumer Financial Protection Bureau. Under the Fair Debt Collection Practices Act, homeowners may also file in state or federal court within one year of the violation date.
A homeowner can bring all other complaints to state court in the appropriate authority by filing a claim.
Joining and Leaving an HOA in Texas
In Texas, if a person purchases a home in a neighborhood governed by an HOA, they must join and abide by the HOA rules. Documents should be presented to the homeowner explaining the HOA and its rules at the closing of their home purchase.
If someone bought a house in a neighborhood with an HOA, they will not have the option to withdraw from the HOA. To leave, a homeowner can sell their house or try to petition to have their home removed. However, there is no guaranteed right the petition will be granted.
How to Dissolve an HOA in Texas
The process for dissolution of an HOA in Texas is typically set forth in the HOA’s governing documents. If not listed, a majority vote by members of the HOA is required to move forward with the dissolution.
A petition for dissolution must be drafted by the petitioner circulator and delivered to each homeowner. The dissolution of an HOA can be adopted if at least 75% of homeowners vote in favor of the termination.
The petition circulator of the HOA then files an affidavit with the county clerk where the property is located. The HOA is considered dissolved once the documentation is filed with the county clerk or a date is specified in the petition.
Sources
- 1 Tex. Prop. Code § 202.006
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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.
Source Link - 2 Tex. Prop. Code § 204.010
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(6) regulate the use, maintenance, repair, replacement, modification, and appearance of the subdivision; (7) make additional improvements to be included as a part of the common area; (9) impose and receive payments, fees, or charges for the use, rental, or operation of the common area and for services provided to property owners; (10) impose interest, late charges, and, if applicable, returned check charges for late payments of regular assessments or special assessments; (11) if notice and an opportunity to be heard are given, collect… reasonable costs incurred by the property owners’ association relating to violations of the subdivision’s restrictions or the property owners’ association’s bylaws and rules; (20) exercise other powers that may be exercised in this state by a corporation of the same type as the property owners’ association; and (21) exercise other powers necessary and proper for the governance and operation of the property owners’ association.
Source Link - 3 Property Owners’ Association CC&Rs
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Texas law does not automatically give a property owners’ association the right to impose fines… These powers must be granted by the declaration of covenants, conditions, and restrictions…. If an association’s declaration grants it the right to impose fines for violations, it must notify the property owner in writing via certified mail before imposing the fine… the notice must contain the following information: A description of the violation, The amount the property owner owes to the association… A statement that the owner has 30 days… to request a hearing before the Board of Directors, Notice of any special rights or relief that the owner might have… If the violation is not a threat to public health or safety… a reasonable amount of time period to fix the violation and avoid the fine. The notice should state the date by which the violation must be fixed.
Source Link - 4 Tex. Prop. Code § 209.006
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(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. (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…
Source Link - 5 Tex. Prop. Code § 202.007
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(a) A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from: (1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass; (2) installing rain barrels or a rainwater harvesting system; (3) implementing efficient irrigation systems, including underground drip or other drip systems; or (4) using drought-resistant landscaping or water-conserving natural turf.
Source Link - 6 Tex. Prop. Code § 202.010
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(b) 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.
Source Link - 7 Tex. Prop. Code § 202.011
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A property owners’ association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner who is otherwise authorized to install shingles on the roof of the owner’s property from installing shingles…
Source Link - 8 Tex. Prop. Code § 202.012
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(a) A property owners’ association may not, except as provided in this section, adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from the display of: (1) the flag of the United States of America; (2) the flag of the State of Texas; or (3) an official or replica flag of any branch of the United States armed forces.
Source Link - 9 Tex. Prop. Code § 202.018
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(a) Except as otherwise provided by this section, a property owners’ association may not enforce or adopt a restrictive covenant that prohibits a property owner or resident from displaying or affixing on the entry to the owner’s or resident’s dwelling one or more religious items the display of which is motivated by the owner’s or resident’s sincere religious belief. (b) This section does not prohibit the enforcement or adoption of a covenant that, to the extent allowed by the constitution of this state and the United States…
Source Link - 10 Tex. Prop. Code § 202.019
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(b) Except as provided by this section, a property owners’ association may not adopt or enforce a dedicatory instrument provision that prohibits, restricts, or has the effect of prohibiting or restricting an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator.
Source Link - 11 Tex. Prop. Code § 202.020
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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.
Source Link - 12 Over-the-Air Reception Devices Rule
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Enforceable placement preferences must be clearly articulated in writing and made available to all residents of the community in question. A requirement that an antenna be located where reception or transmission would be impossible or substantially degraded is prohibited by the rule… A valid enforceable placement preference should not contain prohibited provisions such as prior approval or require professional installation… when an antenna is professionally installed, the installer often determines the location of the antenna at the time of installation based upon the type of antenna installed and the ability of the antenna to receive an acceptable quality signal.
Source Link - 13 Property Owners’ Associations Assessments and Foreclosures
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A judicial foreclosure requires a property owners’ association to file a petition for foreclosure with the district or county court (depending on the amount of money owed) where the property is located. Once a judgment has been issued, Texas Rule of Civil Procedure 309 authorizes a sheriff or constable to seize and sell the property to satisfy the judgment. The governing documents of some property owners’ associations may permit “non-judicial foreclosures.”… Texas law requires the property owners’ association to apply for and obtain a court order allowing the sale of the property, unless the property owner waives this requirement in writing. The property owner… must be given notice that an application for expedited foreclosure has been filed. They have the right to request a hearing… Unlike property owners’ associations, condominium owners’ associations are granted the right to foreclose non-judicially by Texas law.
Source Link - 14 Tex. Prop. Code § 204.004
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(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,” “community association,” “civic association,” “civic club,” “association,” “committee,” or similar term contained in the restrictions. The membership of the association consists of the owners of property within the subdivision.
Source Link - 15 Tex. Prop. Code § 213.007
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(a) A petition circulator shall deliver a copy of the petition to: (1) all owners of: (A) each lot or parcel of real property in the development; and (B )each unit or apartment of each condominium, if any, in the development; and (2) each property owners’ association, unit owners’ association, and council of owners in the development.
Source Link - 16 Tex. Prop. Code § 213.008
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(a) The modification or termination of the restriction is adopted if the owners of at least 75 percent of the total number, as applicable, of the lots or parcels of land and the units or apartments of condominiums in the development, including the owner of the amenity property, vote in favor of the modification or termination of the restriction.
Source Link - 17 Tex. Prop. Code § 213.010
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(a) The petition circulator shall certify the result of the votes by filing an affidavit with the county clerk of the county in which the restriction modified or terminated is recorded.
Source Link - 18 Tex. Prop. Code § 213.012
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The modification or termination of the restriction takes effect on the later of: (1) the date the affidavit required by Section 213.010 (Certification of Results by Recorded Affidavit) is filed with the county clerk; or (2 )the date, if any, specified as the effective date in the petition.
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