HOA LAWS AND REGULATIONS

  • Federal Laws - In addition to state law regulations, the federal government has laws that govern the operation and management of common interest communities, condominiums, cooperatives, and residential properties in Texas.

  • Texas Condominium Act, Tex. Prop. Code Ann. §81.001, et seq.: This chapter governs condominiums created before January 1, 1994.

  • Texas Uniform Condominium Act, Tex. Prop. Code Ann. §82.001, et seq.: This chapter governs the creation, alteration, termination, management, and protection of purchasers of all condominiums created after January 1, 1994. A condominium association is created by recording a declaration with the register of deeds in each county in which the condominium is located. See Tex. Prop. Code Ann. §82.051 (creation of condominium).

  • Texas Property Code (TPC), Tex. Prop. Code Ann. §201.001, et seq.: Title 11 of the TPC includes numerous provisions governing the formation, management, powers, and operation of residential homeowners’ associations (HOAs) (usually called "Property Owners Associations" in the statute) in Texas. See Homeowners' Guide To HOA Laws for a list of all applicable laws.

  • Texas Nonprofit Corporation Act, Tex. Bus. Code §22.001, et seq.: This chapter governs nonprofits with regard to corporate structure and procedure. Homeowners associations in Texas must be organized as nonprofit corporations. Condominium associations in Texas may organize as either for-profit or nonprofit corporations. Visit the Texas Controller of Public Accounts to find an association's corporate status.

  • Texas Fair Housing Act, Tex. Prop. Code §301.001, et. seq.: The law protects people's right to access all housing opportunities without discrimination based on race, color, religion, sex, familial status (the presence of children under the age of 18), or national origin. See Tex. Prop. Code §301.021 (Sale or Rental), 301.003 (Definitions), 301.041 (sales and rentals exempted), and 301.043 (housing for elderly exempted). See also,

    The Act provides state-level protections similar to the federal Fair Housing Act (FHA). Victims of housing discrimination can file a complaint with the Texas Workforce Commission or HUD within one (1) year from the date of the discriminatory act. Victims may also file a private lawsuit within two (2) years of discriminatory acts in the federal district court.

    Recommended Reading:

  • Texas Debt Collection Act, Tex. Fin. Code §392.001, et. seq.: The law regulates debt collection at the state level and contains provisions similar to the federal Fair Debt Collection Practices Act (FDCPA). The Act prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting a debt. HOA fees are considered "debts" under the FDCPA, and homeowners are protected "consumers." Unlike the FDCPA, though, the Texas statute is not limited to third-party debt collectors and can apply to an HOA attempting to collect delinquent assessments on its behalf. 

    Victims of debt collector harassment or unlawful debt collection practices can file a complaint with the Texas Attorney General, the FTC, or the CFPB. Under the FDCPA, victims also have the right to sue a debt collector in state or federal court within one year from the violation date.

  • Texas Cooperative Association Act, Tex. Bus. Org. Code §251.001, et seq.: The Act recognizes and provides a legal framework relating to the general purpose of cooperative associations in Texas, including associations incorporated to purchase and maintain real estate. 

SOLAR PANELS AND OTHER ENERGY-EFFICIENT SYSTEMS

  • Regulation of Solar Energy Devises, Tex. Prop. Code §202.010: The statute expressly prohibits property owners’ associations from preventing or restricting a solar energy device installation unless public safety is at issue (associations can regulate panel placement). Before installing any solar devices, homeowners should follow the association’s architectural application review process. 

  • Regulation Of Certain Roofing Materials, Tex. Prop. Code §202.011: Property owners’ associations cannot adopt or enforce a provision that prohibits or restricts the installation of shingles that are energy-efficient or can generate solar power. Associations can impose limitations promoting uniformity of home appearance in the community.

  • Standby Electric Generators, Tex. Prop. Code §202.019: Property owners’ associations may not adopt or enforce a provision that prohibits or restricts an owner from owning, operating, installing, or maintaining a permanently installed standby electric generator as long as they meet applicable safety codes.

GOVERNMENT AGENCIES

  • Federal Agencies - List of federal agencies with oversight authority over homeowners' associations.

  • Texas Government Portal - Search for government information by topic and agency.

  • Texas Workforce Commission - The Commission has the authority to investigate alleged violations of housing discrimination. It may issue a charge if it concludes probable cause exists to believe that unlawful discrimination has occurred. 

  • Texas Real Estate Commission - The Commission is responsible for real estate professionals' licensure, education, and discipline.

    Disclosure Forms:

    • Form ID: 37-5 - Subdivision Information, Including Resale Certificate for Property Subject to Mandatory Membership in a Property Owners' Association. This form complies with Chapter 207, Texas Property Code.

    • Form ID: 36-9 - Addendum for Property Subject to Mandatory Membership in a Property Owners Association. This form is not used for condominium transactions.

  • Attorney General of Texas - The attorney general's office plays a vital role in protecting the state's citizens. The attorney general is responsible for enforcing the Texas Debt Collection Act, among other consumer protection laws.

HOA CONTACT INFORMATION AND DOCUMENTS

  • HOA Directory - Homeowners can enter the community's name or subdivision to find the association’s contact information, list of board members, and other relevant association information. 

  • Texas Recorded Document Search - Visit the county recorder's office where the property is located to find an association’s Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments to CC&Rs, Bylaws, Lien Notices, HOA Notices, Plats, Maps, and other community documents can be found by visiting the county recorder’s office website in which the association is located. The association’s declaration must be recorded with the county land records to be enforceable.

  • Texas Property Records and Information - Homeowners can obtain legal information on a property by searching under the property address or owner’s name. This tool can also be used to find the subdivision or community's name in which the property is located.  

LEGAL RESOURCES

 

DISCOVER MORE

Educational HOA articles. Giving you facts, not opinions.
Homeowners' Association As Vacation Destination: Short-Term Rental Restrictions in HOAs

Even if a community has a valid reason to restrict short-term rentals, it still needs legal and/or contractual authority to support the restriction. Typically, the authority comes from an HOA's declaration, from state law, or a combination of the two. A declaration is a contract among property owners in a community. The owners jointly agree to accept certain obligations and restrictions on how properties in the community can be used. If everyone complies, the community as a whole will benefit—or at least that is the idea.

Enforcing Conformity: Home Improvement Projects And Architectural Review Boards In HOAs

The U.S. legal system generally views any land-use restrictions with suspicion. However, the law also recognizes that reasonable restrictions are sometimes justified if they benefit the community as a whole. With that in mind, courts throughout the country have consistently upheld the right of HOAs to impose architectural restrictions as long as the restriction serves a legitimate purpose, is within the association's power under state law and/or the community's declaration, and does not violate any other law or public policy.

Step-By-Step Guide To The HOA Assessment Collections Process

When you purchase a property in a community with a homeowners’ association, you’re also acquiring the obligation to pay regular assessments. Unfortunately, though, homeowners are sometimes financially unable to pay assessments. Homeowners faced with potential collections action must understand how the HOA collections process works and the legal rights and redress available for both homeowners and the association. This guide will help all community members, including the board, resolve conflict, and avoid escalation.

Preventing the Spread of COVID-19 Within HOA Communities

On March 11, 2020, the World Health Organization declared the outbreak of COVID-19 (the medical condition caused by the novel coronavirus SARS-CoV-2), a global pandemic. HOAs and condominium associations have an essential role to play in slowing the spread of COVID-19. By applying the Center for Disease Control and Prevention (“CDC”) recommendations in the planned community setting, HOA board members, owners, residents, visitors, and employees can help prevent illness in their communities and keep their loved ones, friends, and neighbors healthy and safe.

HOA Powers and Obligations In Emergency Situations

The fundamental purpose of a homeowners’ association is to benefit the community and its members. Usually, that means preserving the aesthetic beauty of the neighborhood by maintaining common areas and ensuring homeowners keep up their properties. Or, it might mean using pooled resources to make life easier for the entire community—through road and sidewalk repairs or snow removal, for instance. Most of the time, the overall goal is to increase property values and raise the living standard in the community. In an emergency, though, an HOA’s role can take on an entirely new dimension.

Weathering The Storm: Coronavirus And Its Financial Impact on Homeowners

One way or another, future historians will consider the Coronavirus Pandemic among the most noteworthy events of the early 21st Century. The full economic impact on homeowners and their families cannot yet be precisely predicted, but it is likely to be immense. Taking the necessary precautions to avoid exposure to the virus and preparing for the financial ramifications will require prudence, careful planning, and maybe even a little creative thinking. Homeowners can't completely avoid the fallout from Coronavirus, but there are a few measures that could hopefully soften the blow.