What Is An HOA In Texas: The Homeowners Association | CC (2024)

FAQs

What Is An HOA In Texas: The Homeowners Association | CC? ›

A homeowners' association or HOA is an organization composed of property owners that makes and enforces rules for the properties and residents within its jurisdiction. Property owners may be required to be members of the HOA and pay certain dues, assessments, or other fees.

Many people are familiar with the term "homeowners' association" or an "HOA." In Texas legal terminology, these organizations are known as property owners' associations.

COAs are condominium owners associations. They work much like HOAs do, only for specific condo buildings and communities – not entire neighborhoods. “COAs are responsible for the maintenance, repairs and insurance of common elements within the building or complex,” Kriegstein says.

The new law will require that homeowners association policies must include general categories of restrictive covenants for which the association may assess fines, a schedule of fines for each category of violation, and information on hearings.

If you live in an HOA community, you do not have the option to opt-out. However, if you are interested in getting rid of the HOA, there is often a way to do so; be advised the process is difficult, lengthy, and very costly.

Texas, on the other hand, has no such laws, allowing HOAs to foreclose on homes for any unpaid dues, however small. Depending on state laws, your HOA may be required to file a lawsuit and obtain a judgment lien before foreclosing on your home.

In Texas, HOAs are empowered to charge fees and assessments to fund common area maintenance, community services, and other association activities. These fees are often mandatory for homeowners and must be clearly detailed in the HOA's governing documents.

Typically, an HOA is run by a governing board, elected by the HOA members. While commonly referred to as “HOAs”, Texas law uses the term “property owners' associations.”

You have to pay HOA fees to cover the cost of all those benefits. These vary widely by community and can range from just $100 a year to more than $1,000 per month, according to the American National Bank of Texas. HOAs impose many restrictions and rules, which may impact how you can use your home.

Texas law places no limit on how much or how often assessments may increase. Any caps or restrictions will likely be found in the association's governing documents. Articles of incorporation or bylaws often limit the maximum amount that can be charged without approval by the general vote.

How do I fight an HOA in Texas? ›

JUSTICE OF THE PEACE COURTaka Justice Court aka Small Claims Court is the venue to settle many types of HOA issues. Denial of records request is a VERY common complaint which can be remedied in the justice of the peace court per Texas Property Codes 82.1141(m) and 209.005(n).

Unfortunately, the association cannot function without a board. There would be no one to transact business, make or sign contracts, or to make general decisions about the function of the association. No one would have authority to collect dues or pay contractors.

Duties and powers of an HOA's board, granted under the TPC and the community's declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association's behalf, maintaining of commons areas, and acting on behalf of the association in legal matters ...

An HOA has the authority to enforce the rules and regulations of the community using the community rules, or “bylaws and covenants.” These rules are considered “agreed upon” since homeowners approve them through board-elected representatives. CCRs exist apart from and in addition to local or city ordinances.

If a person buys a house in a community that is regulated by a homeowners' association in Texas, they have to become a member and follow the HOA's regulations.

HOA fees are charges levied on owners of many condominiums, co-ops, and certain neighborhoods. These fees cover the maintenance and upkeep of common areas such as shared hallways, elevators, lobbies, and parking lots. It will also usually cover snowplowing, gardening, and damage to common areas.