Texas Laws

Texas Property Code Statutes

Chapter 5: Texas Statutes pertaining to buying and selling of property. –> Link

Chapter 82: Uniform Condominium Act –> Link

Chapter 51: Restrictive Covenants Applicable To Certain Subdivisions –> Link

Chapter 201: Restrictive Covenants Applicable To Certain Subdivisions –> Link

Chapter 202: Construction & Enforcement Of Restrictive Covenants –> Link

Chapter 203: Enforcement Of Land Use Restrictions In Certain Ccounties –> Link

Chapter 204: Powers Of Property Owners’ Association Relating To Restrictive Covenants In Certain Subdivisions –> Link

Chapter 205: Restrictive Covenants Applicable To Revised Subdivisions In Certain Counties –> Link

Chapter 206: Extension Of Restrictions Imposing Regular Assessments In Certain Subdivisions –> Link

Chapter 207: Disclosure Of Information By Property Owners’ Associations –> Link

Chapter 208: Amendment & Termination Of Restrictive Covenants In Historic Neighboods –> Link

Chapter 209: Texas Residential Property Owners Protection Act –> Link

Chapter 210: Extension Or Modifications Of Residential Covenants –> Link

Chapter 211: Amendment & Enforcement Of Restrictions In Certain Subdivisions –> Link

Chapter 212: Extension of Restrictions by Majority Vote in Certain Subdivisions –> Link

Chapter 215: Master Mixed-Use Property Owners’ Associations –> Link

Chapter 430: Transportation Code –> Link

Chapter 766: Health and Safety Code –> Link

98 Responses to Texas Laws

  1. sherry says:

    When will Congress make HOA’s be respossible for taking advange of the Elderly, Spanish, Disabled vets, and home owners? I live at Beekman Place Community townhomes in Houston, TX. Corner of Gessner and Longpoint. HOA paid $338,000,000 for a BITUMEN Roof coating Aug. 2011. Coating starting coming off -less then 3months after applied. It’s been getting worse ever since! There is exposed molded rotten wood and water coming into homes. HOA says: interior damage is at owners expense and will not fix the roofs! We have siding with holes, allowing water into homes, again. Damage is at owners expense! When will HOA nightmares end?

  2. Admin says:

    Legislative changes made during the 84th Session of the Texas Legislature that have not been included in the text of the Texas Statutes as of this writing, but have gone into effect:

    Changes to Property Codes Chapter 209 by –> SB 862

    Changes to Property Code Chapter 209 by –> SB 864

    Changes to Property Codes Chapters 82.157(a) (13 & 14), 207, and 209 by –> SB1168

    Changes to Property Code Chapter 202 by –> SB1626

    Changes to Property Code Chapter 211 by –> SB1852 – Changes effect Polk and San Jacinto County

    Changes to Transportation Code Chapter 430 by –> HB 745

    Changes to Property Code 202 by –> HB 939

    Changes to Property Code 209 by –> HB1072

    Changes to Chapter 82.119 & 82.120 by –> HB1455

    Changes to Property Code 209 by –> HB2489

    Changes to Texas Health & Safety Code 766 by –> HB3089 – Changes effect mainly Bexar County

  3. Mary Moscinski says:

    Under Texas law, are HOA’s required to notify residents when they amend the deed restrictions?

    • Admin says:

      That depends on what it says in your governing documents. Sometimes, law supersedes, but that can be questionable without a court date. Can you tell me what your bylaws or deed restrictions (CC&R’s) say about making changes to your documents?

    • winford Young says:

      Our subdivision has the deed restriction at the court houe. I got a copy and it stated that the common grounds are for everyone use. The board wanted to sell some of the property. I told them that they could not sell it without the vote from everyone. They said that their lawyer said that they are the board and they could sell it without taking a vote. They sold 4.821 acres of the common land to a business man for five thousand and one acre is valued at five thousand. The home owners association was voluntary devolved in 1994. for 17 years they did not send in a report. In 2011 a group of people sent in a report and the state excepted them back as a HOA. They collected maintenance fees for the entire 17 years. All the fees they collect goes to one part of the subdivision and the rest of the subdivision get nothing for their maintenance fees.

      • Admin says:

        Winford, Here is the real problem with this. HOA’s and POA’s are a ‘quasi’ governmental body. They get to create deed restrictions that regulate the residents within the subdivision, but no one gets to control them, other than a voting policy within those deed restriction. Even then, you would need to go to court, with an attorney, to fight for your rights. I have always felt that since they have the same ‘authority’ as other governmental bodies, the state of Texas should give us some recourse to fighting them without an attorney. But, sadly, Texas currently says “No state agency regulates home or property owners’ associations. The secretary of state’s office does not have the authority to investigate or regulate the internal activities of home or property owners’ associations and we cannot take any action against an association for failing to comply with its bylaws or governing documents.”

        • Swinly says:

          So do HOA/POA’s have to follow state law 209 or can they put something in the Bylaws that overrides 209?

          Please Help
          Thank you

          • Admin says:

            209.003 Explains the applicability of the statute and some sections of 209 do not apply under certain circumstances. Tell me more about your HOA and why you would ask this question.

          • Swinly says:

            They are having closed meeting and not letting us know when they are having them. When we have learned of a meeting they have turned us away stating it was for the board only. Also not giving out the minutes for the meeting. Raising assessments without notifying all (100%) home owners. Also raising the assessments with a handheld vote. Putting a non property owner (at the time of the vote) on the board. There is also quite bit more going on so that was just a few. They said there was no authority that had jurisdiction over them.

            Thank you for replying

            I didn’t see a reply link below your post so I hope I did this right.

          • Admin says:

            They cannot be doing most of that, per Texas Law. The problem is, how do you get them to stop it without an attorney. You did not say where you are from in Texas (county) but you may want to talk to your Justice of the Peace, for your precinct, in your county. They are sometimes helpful with information. You may also want to get a large group of residents together to vote them out. 209 also has a way of doing that in it.

          • Swinly says:

            I don’t feel 100% comfortable stating the county. The Board has threatened many home owners with all kinds of law suits. We’ve talked to the County Attorney, Sheriff, JP, local attorneys with no help. They seem to have us running in circles or they’ve said they can’t help.

            Thanks again for your reply

          • Admin says:

            Welcome to the world of Texas POA/HOA’s. Everything a resident wants to fight requires an attorney retainer fee and can take a long time to get through court. Your best bet is to gather a LOT of property owners together that have the same concerns. Then, you can use the state laws to remove the old Board members. If you cannot get that support, you will need to contact a private, pay as you go, attorney. I can give you the name of a good one but he may be busy because he is so good. Please look into this group, also: https://hoareformcoalition.org/

          • Swinly says:

            I would really appreciate it and give him a call.

            Thanks again

          • Joyce Huebimger says:

            Have had an RV parked on back of two acre lot for 11 years. Just got lawyer notification that we are breaking covenant stating that TVs can’t be seen by third parties. Texas Civil Practices and Remedies Code states in section 16.051 that there is a four year statute of limitations. And Girsh vs. St. John ruled in favor of the home owner because of that. Does the HOA supersede the state law?

          • Admin says:

            No, it does not supersede state law, but sadly, you will have to go to court, with an attorney, to fight it, if they persist. You can try to talk to your local JP Court judge to see if there is anything they can do for you to allow you to take it into justice court.

  4. Rae Downing says:

    Can someone point me in the direction of case law or statutes that address not uniformly applying covenant enforcement? For example, our covenants prohibit home exteriors being “bright” or primary colors. This includes paint on any exterior visible from the street. Yet one house has a yellow door and has had a bright yellow front door for more than three years. Also, the older sections of the neighborhood are never cited for street parking or unkempt lawns while the newest section (and a few homeowners who really are targeted) get violation notices on a regular basis (even if they are not in violation). How can an HOA legally attempt enforcement of covenants for a few residents but not all of them? I thought there was some case law (US Supreme Court) discussing how covenants are considered waived when not enforced throughout the entire subdivision falling under the HOA but I cannot find it.

  5. Sharon Green says:

    Is there s law prohibiting family members serving on an incorporated hoa in Tx. We currently have husband as Treasurer and wife as VPres. And now trying to get Daughter law to be voted in as Secretary.

  6. Richard Warrell says:

    Does the Texas HOA laws require a Vote by the homeowners to amend the CC&Rs for the purpose of incorporating the new laws past by the Texas legislature or can the HOA’s Board of Directors unilaterally request the HOA Attorney incorporate them and file them with the court? All other terms and conditions of the CC&Rs not effected by the new laws remain unchanged. The initial HOA’s Declaration, Bylaws and CC&Rs have not been changed since the HOA’s incorporation in 2000.

    • Admin says:

      Without reading your HOA documents, I cannot answer that question. Does your HOA have a website where the publish those documents.

      • Scott Reed says:

        I have this exact same question. My HOA has incorported what they call a “Resolution” voted on by the board. The restrictions and convenants say they must have a 2/3 vote by the homeowners in order to amfirm an amendement to the restrictions and covenants. Further more that amendment has to be filed with the county clerks office which was not done either. Do they have some power that I dont know about?

        • Admin says:

          That depends. If you live in Texas, the CC&R’s or Bylaws must have information in them that state how the governing documents can be changed. Did the Board follow those directions? If they did, is the resolution filed as an amendment? The bylaws govern how the HOA operates it’s business, but not how they control your property. Deed restrictions ‘go with the land’, so even if the HOA ‘business’ was defunct, the deed restrictions would still exist, unless a legal action is taken to remove them, per the existing deed restriction instructions. Not easy. So, what is the ‘resolution’, what does it affect, is it just a rule for a common area use, like “no swimming after 10 pm”? I have seen so many HOA’s do things that are not legal. It is pathetic, but fighting it can cost a lot in attorney fees. Most TX HOA/POA’s know this.

  7. Shelby says:

    is there some rule about how long an hoa has to complain about something? seriously coming and complaining 6 yrs later is bs..all over a board not painted right on a side of the house that no one sees but some fool who does not have a life

  8. Brian says:

    Do the Texas HOA laws specify a maximum time that the HOA or Architectural Committee within the HOA may take to approve or deny a request?

    • Admin says:

      There may be some laws that help you, in lieu of directives not being stated in your governing documents, but you really need to look through them first.

  9. Paul causey says:

    While an hoa can rule on the number of dogs one can have, can they rule on the type of dog or size of the dog?

  10. Betty says:

    I live in a 26 unit condo POA. After moving in have found out no board for years and last president has been caught with irregularities in firing and hiring and paying family to do handyman work way out of cost. To make things worse, nobody knows the original rules or governing documents. Help! Advice on where to start?

    • Admin says:

      The Condo Association has a legal obligation to give you a copy of the governing documents. If you closed through a title company, or lawyer, they also have a legal obligation. Ask.

      • Betty says:

        Private CPA has finished an audit of our POA checkbook and receipts and found our past President wrote checks for gift cards and remodeled her condo to the lienient amount of $9200, have not paid dues for two years, and paid her husband $24000 this year for handyman work that is highly questionable what work was done. POA has minimal cash for operating.
        Who do we take this info to? I believe criminal charges are probable. County DA a good place to start? Or Justice of the Peace? Or?
        All new board quit accept the new Treasurer who has the checkbook and myself, the new Secretary since last night. We did finally get a copy of the governing bylaws from 1978…. Thanks!

        • Admin says:

          Sorry, did not see this until today. If your Articles of Incorporation (Certificate of Formation), say that you have to have a minimum # of officers on the existing Board, you may have some legal problems here. I would first go into your county Justice Court and talk to the JP for some prelim advice.

  11. J Bracey says:

    Hello
    if a complaint is called in on my property does the HOA have to contact me about the complaint before issuing a citation or threat of a citation?

    • Admin says:

      This depends on what is said in your HOA governing documents. I have never heard the the word “citation” used when discussing HOA fines.

  12. Cathy says:

    what is the stand on HOA’s placing a cap on the percentage of rentals allowed in the community?

  13. Mike L. says:

    Our subdivision is out of city limits. Our hoa began its 1st meeting to elect by a simple facebook group page that was created years ago for chat and gatherings. More than half subdivision not notified because not on facebook. 3 members elected that night. One of lot owners owns 32 lots (owner financing)…told they own 32 votes as to 1 per each of us….my questions are… does all sound state legal so far? Can 1 person have multiple votes? Where can i find true state hoa rules, election, regulations info/laws..?

    Our subdivision was ran by subdivision land owners til subdivision was full then they turned hoa to us….small town out of needville texas….

    • Admin says:

      If they are on Facebook, do they offer a copy of your governing documents on that group? If so, those documents should tell you the # of votes per property owner and whether it is by the number of lots owned or just by the owner. Usually, the votes are by the number of lots owned. If that is true in your governing documents, then if a person owns 32 lots, that is how many votes they have.

      • Jeanie Stephens says:

        Texas law for hoa/poa is one vote per property owner. If there are more than one owner at a property, it is still only one vote.

        • Admin says:

          Your Deed Restrictions may say one vote per lot owner, not property owner. So, if multiple lots are owned, then multiple votes can be cast.

          • steve smith says:

            I have a situation where the Bylaws state that if an owner owns more than 5 lots, the owner cannot have more than 5 votes. Elsewhere in the deed restrictions is states every owner gets one vote per lot. Is the limitation of the maximum votes per owner of 5 votes appropriate even when the owner owns more than 5 lots?

          • Admin says:

            Why in the world would you be asking a resident this question when, according to your email address, you are an attorney? I certainly hope you would know the law.

  14. Mike L. says:

    This is small town out of texas

  15. Clarence Farrow says:

    Is there is any state regulation or code about a petition being an acceptable “refusal/denial” of actions taken by the Board.
    Example: one street in subdivision does not want street lighting and the rest of the subdivision wants street lighting. Does the petition override the POA directors.

  16. Jerry says:

    Question,

    We have a small rural development consisting of three associations.
    1. Master association started in 1984 to oversee it’s streets, sewer, lift station, & small recreation area.
    2. 52 owner condo association started in 1984 & under section 81.
    3. 15 single family home association with no common area.

    Each association has their own board & officers.

    Master association recorded documents says it’s directors are voted into position by votes of six delegates ( 3 from condo, 3 from home ).

    Current Master Association says they must allow all owners to vote for directors due to wording in section 209.

    To me 209 does not apply because it is for home owner subdivision type associations, not a Master association that has both condos & homes in it’s relationship.

    Doesn’t this Master association operate primarily under contract law & not the property law sections of Texas?

  17. Andrea says:

    I am a retired attorney looking for a handy, up to date chart or list of which chapters of the property code apply to my POA. It is located in Dallas and Collin Counties, it is not an historic neighborhood, only single family residences are permitted, there are 121 homes and no golf course or country club, the association levies regular and special assessments, membership in the association is mandatory, and there are existing Declarations that can be amended with the consent of 67% of Members. I’m going to review the property code for guidance in dealing with our Board’s proposed amendments to the dedicatory instruments and just want to know which chapters I can disregard. Thanks for any help.

  18. Lan says:

    We are single family home owners of a townhome HOA. Our monthly dues are only used for townhome maintenance.
    The community is composed of two groups of homes: about 100 townhomes and 50 single family home. For townhomes, they have standard policy just like many other communities: roof, lawn, exterior, etc. are covered by HOA policy. For single family homes, everything is covered by homeowner themselves. So the SFH owners decided to withdraw from this HOA.
    Is that possible? The HOA is running by a board of a few homeowners.

  19. Kelly Beavers says:

    What is the Texas state regulation regarding investing HOA reserves? Are we limited to savings accounts, money market accounts, and CD’s?

  20. Kiki Girl says:

    If a State bill is passed and becomes a law, do HOA;s have the right to not “follow” this new law?

  21. Rachel Lino says:

    When an HOA or POA is established, it appears they have to submit a plat containing an approved drainage plan.
    1. Who is responsible for maintaining easements on the plat?
    2. What rules govern ensuring the drainage plan is appropriate to the development that occurs both within and outside of the subdivision?

  22. Sara Jones says:

    We would like to add to our governing documents all or some of these:
    1 – Cap on amount of rentals
    2 – Homeowner must reside in the home for minimum of 2 years before renting
    3 – Rental property must include lawn maintenance provided by lawn company

    Is this allowed? Our community is over run with investors and the rental homes are not being maintained. The time period of sending a letter and actual work being done leaves us with a period of time when the yard, house is horrible.

  23. Michael Prine says:

    Are HOA’s/POA’s required to have a annual meeting? Are HOA’s/POA’s required to have a annual audit? Where can a I get a copy of these regulations? Having been in a large HOA of 1200 property owners & been to many monthly/annual meetings I was under the impression that HOA’s/POA’s were required to at least have a annual meeting. Now that we’ve moved to a smaller HOA/POA of 160 property owners there is no mention of HOA/POA meetings or audits.

  24. Kelly Lee says:

    Question: I live in a gated community in Burleson, Texas. The HOA CCR prohibits homeowners from permanently parking/storing their campers/trailers/RV trailers, etc. in front of/beside their residence. The homeowner can permanently park these type of vehicles behind the footprint of their residence provided the vehicle cannot be seen from the main road.

    There is a residence that has been in violation of this CCR for more than a year by parking a hardside trailer at the side of his home. The HOA president has contacted the homeowner on numerous occasions, requesting that the trailer be moved. The homeowner continues to be in non-compliance. What are the legal options available to address this ongoing issue? Thanks kindly.

  25. just me says:

    what can be done if a HOA does not correct an issue in a common area after being notified numerous times that the issue is a safety hazard. i.e. parking lot is broken & full of holes

  26. Mark says:

    How can an HOA enforce no parking on the streets within a neighborhood, although it is not a gated community?

  27. Dorinda Estrada says:

    I own 2 homes in a POA (property owners association) The board is telling me if I let my renters use the common areas, pool, park and boat ramp, I forfeit my rights to those areas. I live in 1 of the 2 homes. There is nothing in our CCR or Bylaws about owning more than 1 property. I pay maintenance on both properties.

  28. Karson8421 says:

    Is there something that prohibits an individual in a single family dwelling HOA from turning their residence into a full blown business by renting it out to multiple individuals like a pit pad/crashpad? From my research and understanding, the business has to be registered with the city in which the business is held in and it has to be inspected by the city before tenants can reside in such a dwelling.

    • Admin says:

      Go to your city or county clerk and discuss this. You are right, the state of Texas would need to have a business license on file for any business activity. As far as renting out a property, if you have an HOA or POA there may be something in their deed restrictions or operating rules to stop this type of activity.

  29. Dennis Wolfe says:

    We moved in our sub division a year ago there was no HOA/POA and they want to start one. I live in Texas do I have to join if I don’t want too. I get mixed answers there hasn’t been one for at least 4 years that I know of. It was disband years ago. There is quit a few of us that doesn’t want it. Can you tell me if I have to join and what code I can look up so I can take it to the meeting. Thank you

    • Admin says:

      In an existing subdivision, without a current POA/HOA, they would need 100% of owners to start one. They can, however, start a voluntary organization for sharing in the cost of maintaining in-common properties. This cost would be strictly voluntary.

  30. Mark Garrett says:

    Is there a statute in Texas that requires homeowners to remove Holiday lights (Christmas lights) after a certain period of time? I’ve read our HOA governing documents, and a requirement of this type does not exist within the Covenants. When the HOA Management company was asked about the source of the requirement, they referenced Texas Property Code 209. However, I do not see such a requirement in that document.

    • Admin says:

      No, something like that would normally be in the deed restrictions or operating rules – sometimes as a blanket statement of ‘keeping the property neat’ or ‘showing price of ownership’. Both are ambiguous statements that assume all residents are thinking at the same level of what is ‘neat’ or ‘pride’.

  31. What , exactly, is Texas statute 12.9? It says something about any member of an HOA can call for a recount or is it a call for a revote on any particular matter?

  32. Dave Wainscott says:

    Where/what is the controlling statute on how long an HOA has to collect on unpaid? dues/assessments in Texas

    • Admin says:

      This is kind of a ‘mixed bag’ of laws. If the HOA is going after the current owner for past due assessments, they can only go back 4 years. But, in the case of the property being sold to a new owner, I believe that they can include all past dues. Also, if title transfer fees are not paid, they can stay on the books as being owed, indefinitely.

  33. Tammy says:

    Can a HOA demand proof of vehicle insurance to issue a gate card if you have provided a drivers license and license plate. Their claim is that they want to ensure that you are a resident. However the state of Texas requires that you update your license within 30 days of moving. Further to that point what if you drive a company vehicle that is registered to your employers address. This seems like a very invasive process.

    • Admin says:

      If there is a gate to enter the subdivision, then the roads must be privately maintained. I am not sure of the laws pertaining to private roads and the possible HOA liability in the situation of an accident. I agree, it also seems invasive to me but maybe the easiest way to get an answer to this is to talk to your vehicle insurance agent or broker. They may know if the HOA would be liable in an accident occurring on private roads.

  34. William Moore says:

    Does anyone know of a good attorney that can help with HOA dissolution steps in the DFW area.

  35. Troy Franklin says:

    Common areas:

    I live in a gated community with an HOA, after moving in I noticed how poorly the common grounds are maintained. Rot Iron fence in bad need of repair and painted, community pool has crack on stairs going down into pool and various other issues. The sub division first phase has about 23 of the 60+ homes planned with a possible 2nd and 3rd phase. My question is who shoulders the cost burden of maintaining common areas until you can get a substantial revenue coming in from home owners (HOA)? Is it the developer? Cost shared by homeowners and Developer? This sub division is about 10+ years old and we just moved here in March. Not impressed with HOA manager/Developer upkeep of common areas.

    • Admin says:

      If your HOA has not been turned over to the residents, then it would be the Developer, unless your state law or deed restrictions says something different.

  36. Donne Griffiths says:

    We have a section in our CC&R’s requiring a 100% vote to change the current covenant ruling.
    Our BOD says otherwise, it only needs 2/3 majority as all the rest of our CC&R’s.
    This provision protects the common preserve.

  37. Mary Lewis says:

    My HOA Board is in violation of the Texas Property Code (i.e. refusing to share meeting minutes). I’ve searched, unsuccessfully, to find where I can report their violations of the Texas Property Code. Can anyone help me out???

    • Admin says:

      From a previous reply “Welcome to the world of Texas POA/HOA’s. Everything a resident wants to fight requires an attorney retainer fee and can take a long time to get through court. Your best bet is to gather a LOT of property owners together that have the same concerns. Then, you can use the state laws to remove the old Board members. If you cannot get that support, you will need to contact a private, pay as you go, attorney. I can give you the name of a good one but he may be busy because he is so good.” Please look into this group, also: https://hoareformcoalition.org/

  38. Wayne Brady says:

    I live in Lakeside Village in Rockwall, Tx. Our board members have given away common property to individual homeowners who have fenced it in. Is this legal and if not what law can I find to support it?

    • Admin says:

      That depends on what your Deed Restrictions and Governing documents say. There is no state law that will protect you from losing that common area property. Sadly. Our Texas HOA has done the same thing, without a resident vote.

  39. Trixxie B says:

    Our current HOA President says the owners have to vote on removing bylaws that are now illegal by Texas state law. Some of us maintain no need to vote on something illegal – just remove from bylaws. President says we have to vote because bylaws have to be registered. It appears only Articles of Incorporation and CCR’s have to be registered in Texas. . Does vote have to be taken to remove something illegal? They won’t consult HOA attorney.

    • Admin says:

      If you could tell me more, I might be able to answer this.

      • What is the HOA?
      • Is it in TX?
      • Do they have a website?
      • What are they trying to remove?

      The more answers you give me, the more I will know what is going on.

      • Trixxie B says:

        The HOA is Green Gate Grove in Palmview TX (Hildago County). Our bylaws currently state that owners who are behind in their monthly maintenance fees/dues can be denied access to some facilities, can’t hold office, etc which now is illegal based on changes in Texas Property Code 209. Our bylaws clearly state we will comply will all applicable State and Federal regulations. We feel those bylaws should be able to be removed without a membership vote.

        • Admin says:

          Those bylaws excerpts are automatically removed because of those law changes. You can go through a formal change, but for the sake of keeping the residents informed, I would always err on the side of caution and let them know in a formal meeting what needs to be changed, the laws that are changing them, and the fact that Federal and State laws always supersede POA laws. Make sure you do not included any other wording that may require a formal vote.

  40. John Lowe says:

    All of a sudden my HOA is requiring everyone to provide them with proof of liability insurance. These are homes not condominiums, is this legal?

    • Admin says:

      That depends on your Deed Restrictions and/or CC&R’s or Rules & Regulations. I see you are in Texas and there is no state law, that I know of, that requires this.

  41. Kathleen Besser says:

    My HOA is in Mission, Texas. We are a gated community of mobile homes. I proposed that no smoking should be allowed in the swimming pool area. At the annual meeting in January 2019, the homeowners overwhelmingly voted no smoking in the pool area. They still have not posted the no smoking signs. Now I am told it is “illegal” to post them.(told to me by a smoker on the board). Why would it be illegal? The clubhouse and grounds are owned by the Association.

  42. Meghan says:

    I am trying to determine of Texas Property Code Title 11 Chapter 209 applies to my HOA.

    Our HOA was established in 2015 and is no longer under declarant control. Texas Property Code Title 7 Chapter 82 applies to our condominiums. In Chapter 209.003 it states “This chapter does not apply to a condominium as defined by Section 81.002 or 82.003.” Is this only for condominium only under declarant control? Or does the whole of Chapter 209 not apply to our HOA?

    • Admin says:

      209.003 is the ‘Applicability of this chapter’ section. That means that all of 209 may not be applied to condominiums as defined in 81.002 and 82.003. If you read the description of what constitutes a condominium in those two statutes, and your condo fits those descriptions, then 209 does NOT apply. Here are direct links to them –> 81.002 – read item (3) and –> 82.003 – read item (8).

  43. Barbara says:

    Our HOA Section 2.8 Voting Rights states that a Class A members will be all Owners, with the exception of Declarant, and will be entitled to 1 vote for each lot owner.
    My question is there a Texas Property Code that states that a lot owner that has more than one lot only has one vote in an HOA governed subdivision as of 2019?

    • Admin says:

      Texas Statute – Property Code Chapter 209, starting with 209.0055 states what voting rights may be in an HOA/POA. Your governing documents may have other voting info in them, but it must adhere to the limits set forth in that state law.

  44. Shaun Hamblin says:

    We live in a new gated community that is currently over 60% occupied. Have lived here for just over a year and the one of the two gates is always broken (high traffic area in DFW). Builder regularly tapes sensor to gate to prevent it from closing to attract clients off this busy street. Consruction and loud noise regularly occurs after city ordinace hours of 7am to 6pm. Builder regularly gives out gate code to contractors allowin them entry before 7 am. Regular congestion of street and blocking preventing easy access out of neighborhood to residents. Routinely must pick up trash in my yard where there is no construction due to lack of trash upkeep. Since devleopment is new, developer has not turned HOA over to residents and developer is very unresponsive to any of this. Will not hold builder accountable. Do we have any recourse?

  45. Donald Haas says:

    We live in a POA in Texas. Can the POA enforce tighter rules on the newer sections. Having the CC&R’s recorded by section as the housing subdivision is expanded.
    We have an approved ACC form with a description for a screen Lanai over our pool. We weren’t able to begin the final planning and construction for a year. The ACC was replaced by new board members. After completing the construction the new members demanded a new ACC form that they have since denied, do we have any legal recourse?

    • Admin says:

      Any modifications to deed restrictions must be made public to all residents. Do you have a copy of your current deed restrictions? Do they include wording on how changes may be made to them (usually a vote, of some type)? Your approved ACC form usually would have a date limit on it (sample: must be completed in 3 months). If yours did, and you did not start the project in that time, then the form was null and void, like any other contract.

  46. michael jones says:

    1. what is the smallest number of board members possible with 800 family units in the HOA?
    2.WHAT IS quorum to pass a measure? is that quorum for the number of board members or number of home owners present.
    3. if i buy a home 15 years ago and they hike up the fee (from $0/just deposit to $150 to $150/$300 for deposit) for the pool house rental, is that legal?

    • Admin says:

      All of the questions you are asking me should clearly be stated in your HOA governing documents. Ask for a copy of all three (Certificate of Formation, Bylaws, & Deed Restrictions) and any rules and regulations. When you paid your transfer fee, $15 years ago, you should have gotten a copy of all three and you should be notified when any votes or changes are being made to them. Go to a board meeting, or talk to a Board member, and ask for them.

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