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Rules and Recommendations for Dealing with HOAs in Texas

Homeowners associations, often referred to as HOAs, are part of the fabric of the modern real estate industry. HOAs are designed to protect property values for their communities by enforcing certain rules about landscaping, painting and general upkeep for the properties they govern. In some cases, HOAs overstep the boundaries of their authority or enact invasive requirements that may seem unfair for some residents. Seeking the help of an attorney in Sugar Land real estate law can often provide some relief from the most onerous and negative aspects of membership in an HOA.

Legal Underpinnings for HOA Authority

In most cases, homeowners in the community governed by an HOA sign an agreement to be bound by its decisions as part of the purchasing process. Along with an obligation to live up to the requirements outlined by the HOA agreement, property owners in the community also earn the right to take part in the decision-making process for these neighborhoods. The rules enforced by the HOA typically involve matters of upkeep, landscaping and use of properties. Some HOAs have gone much further in controlling the lives of those in their communities.

New Rules Enacted in 2012

Abuses on the part of some HOAs led to a complete revamping of the rules governing these organization. The Texas Legislature passed rules in 2012 that limited the ability of HOAs to place restrictions on religious displays, flying flags and collecting rainwater in barrels. The legislation also made it more difficult for HOAs to foreclose on the homes of residents and required that payment plans be made available to homeowners behind on their HOA dues.

What to Do When Issues Arise

If you are in a dispute with your HOA, it is critical to continue paying your dues to the organization while negotiating with them. Failure to pay could be construed as a further violation of HOA rules and could weaken your case if it goes to court. Your HOA may be willing to make an exception in your case. If not, consulting with a Katy real estate law firm may be your best option for a positive resolution.

The Katy estate planning and real estate law professionals at The Law Office of Henry Jakob can help you reach a fair and equitable settlement with your HOA and can protect you against the worst abuses of these organizations. By working with our team of experienced attorneys, you can ensure that your legal rights are protected throughout the process. We work with you to make sure that your case is handled properly and that your complaints are addressed fairly. Call The Law Office of Henry Jakob today at 713.640.5700 to set up a consultation with us. We look forward to the opportunity to serve your legal needs.

2 Comments

  • Johnny
    Posted July 6, 2018 3:27 am

    I was asked by my HOA to change out some rot wood in the front of my house, and obviously paint it. Everything in the front of the house was replaced and painted. The sides of the house have not been painted though. But you cannot see this from the front of the house because it’s only the soffit the rest of the house is brick. Yet I still keep getting letters from the HOA. Can they make me paint the side soffit of the house if it is not visible from the front of the house? You literally have to walk up to my fence and look up to see that the house has not been painted. Can the HOA get on my property when they are doing neighborhood inspections?

  • Marilyn Morgan
    Posted May 19, 2019 3:05 am

    If the CC&Rs for a HOA do not specify an appeal process for decisions of the Architectural Control Committee (other than a court of law), are there any governing rules/regulation in the general HOA guidance for such?

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