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
Trying to find out the Texas HOA law with respects to issuing speeding tickets by an HOA/BOD. Also any examples of an HOA Policy for enforcing and issuing speeding fines.
Also is there any Texas Civil Code that is closely related to the Civil Code Section 5855(a), part of the Davis-Stirling Common Interest Development Act of California?
If your roads are owned by the county, or the state, those entities will set the speed limits and issue tickets if they are not followed.
I moved into a brand new neighborhood in Parker County with deed restrictions but no HOA. Developer said one would be established by the homeowners once 75% of homes were sold. There was no official turnover, no books or any other pertinent information given to us. Turns out we don’t have an HOA unless we start one on our own. In this case, would it be mandatory to join? We have no common areas. Developer said we need an HOA in order to collect dues to pay for street lights electric bill of $800 per year. However, said dues are to be $7000 per year ($200 x 35). Developer did not file articles of incorporation, management certificate or anything else required to establish an HOA. The deed restrictions were written as though we’d have an HOA but since we don’t, are they valid? Our development is called The Estates of Turkey Track Ranch.
“Estates of Turkey Track Ranch, LLC filed as a Domestic Limited Liability Company (LLC) in the State of Texas. This corporate entity was filed April 19, 2017”. Manager is listed as DEREK OSBURN, 108 S. RANCH HOUSE RD. SUITE 400 WILLOW PARK, TX 76008. I have not been able to find any information, using that name, for a state registered POA or HOA. The ONLY way you can start an HOA, where one was never started during the development stage and BEFORE homes were sold, is to have 100% of homeowners to agree to it. Your chances of getting that done are almost 0.
If an HOA has been legally forfeited through the Texas Secretary of State’s office, are the governing documents that gave the HOA rights enforceable by a Municipal Utility District (MUD) without the forfeiting HOA board explicitly transferring those rights to the MUD? Specifically, can the CC&R’s contained in the HOA document be enforced by the MUD?
If you mean, can the MUD collect payments for your services, I would think that this wording is in your Warranty Deed. Anything, including ‘links’ to other documents, that is written in your deed, goes with the land. A Municipal Utility District (MUD) is a political subdivision of the State of Texas authorized by the Texas Commission of Environmental Quality (TCEQ) to provide water, sewage, drainage and other utility-related services within the MUD boundaries.
In an earlier post, “Admin” responded POA/HOA’s are a “quasi” government body. Even the Texas Open Meetings Act recognizes POA/HOA’s. Texas Gov’t has policy of collecting 3 bids before beginning work on repairs or new construction. Therefore, are POA/HOA’s held to the same expectation? If a BOD feels they are above the law, is there any Texas state statue or code to prevent an individual owner from collecting 3 bids from licensed contractors and providing to the BOD for a minimum of “informational purposes” while being up front with the contractors that you are in no position to make a final decision?
I have done this and got a much better price than the board, from a much more experienced person, and I was willing to pay the bulk of the cost. They said “not interested”. They get to choose, who they want, UNLESS it is an existing board member. Then, there are some limitations in state law. Texas Property Code
Is there a limit on the annual % increase of POA annual dues? I have heard there is a 10% per year annual limit of raising dues. Can you please clarify?
My question is, under TRPOPA or TUCA, is a HOA required to apply uniformity to restrictive covenants/home improvement requests?
I live in a Townhome and I’m not sure if the HOA and myself fall under “TRPOPA” or “TUCA.” I have submitted for an improvement. The exact same improvement a neighbor was approved for. The neighbor has the same floor plan as I do as well. However, I was denied. And I do mean the exact same improvement (sun tube) and floor plan. Identical.
I recently learned our POA was Tax Forfeited and then SOS forfeited for the period 2008-2013. It was reinstated in 2013. Members paid dues and business was conducted as usual during this forfeited period.
What are the ramifications of this now, if any?
Bud, We need to talk. If you have a cell phone, can you text me at 936-463-8801. I will reply.
Does the 4 year statute of limitations apply to a setback violation of a covenant in Texas? We were told by a salesman for the developer that the rule did not apply to a temporary building so we set it 10 feet from the property line in 2001. We are now transitioning to a newly structured HOA & are told that we must move the building.
I meant to say portable instead of temporary.
Sorry for answering so late – bumps in the road in my life. On the setback questions, this is a hard one to answer. Some setbacks may be written in your deed restrictions. Other setbacks may be dictated by your county permit department. Then, there may be easement considerations for utility companies. What I found interesting on your question is the mention of a ‘newly structured HOA’. Was this just new officers? Or was there an entirely new HOA structure voted into effect by ALL residents.
How far back can an HOA collect fees if someone isnt paying in the state of Texas
Is there Texas law that applies to a POA rewriting the bylaws? How many members required to approve?
Theresa, there should be something in your Deed Restrictions that tells you what type of vote can be used to change that document, but Bylaws do not apply to residents, ONLY Board Members. Your HOA Board should be a filed corporation with the state of Texas, ruled by the Business Organization Code (BOC) statutes. Those bylaws detail how that corporation will be run. They usually include election, meeting, board member, and how the BOARD handles their quorum voting.
What if original bylaws had in them that they had to be amended by 2/3 or residents and HOA amended without resident approval? Also,
Unless they have been amended, then that is what has to be followed.
1.) Are POA’s in Texas required to notify homeowners of new amendments made to their CC&R’s? I had to ask my salesperson for a copy of the Bylaws, DCC&R’s, and Rules & Regulations a few months before closing not knowing that a new amendment (requiring a new Amenity fee) had been added exactly 1 month before I closed on the property. This is regarding a brand new POA which is still under Developer control and constantly changing, adding, or updating their rules and requirements…not to mention every single homeowner was told something different about the amenities and fees prior to closing. Now, many feel stuck or simply as if all involved are being intentionally deceptive in order to get as many lots sold as quickly as possible.
2.) Are POA’s in Texas required to provide meeting minutes to homeowners to keep us informed? Many homeowners are concerned that new assessment fees will be added (or current ones increased) at any given time, but without reasonable notice. There are older retired individuals on fixed incomes in this community for which last minute assessment hikes are completely unfair.
3.) How common is it for a Developer and POA to cushion themselves beneath multiple entities, LLC’s, management companies, etc.?
4.) Upon being assessed the new additional “amenity fee,” (on top of our HOA dues) residents are rather upset at finding out that it only includes “access to” the amenity itself, but that we must also pay extra for other items within said amenity area. Are there any Texas statutes that may give homeowners a bit of leverage in such a situation? Or are we stuck just dealing with a POA that operates like a dictatorship, and either answers questions vaguely or as if they do things simply because they can?
5.) Being that it is a rather new POA, still under Developer control, wouldn’t it make sense to have more than 1 annual homeowner’s meeting per year since so many things can change throughout the year? They have a reputation of talking “AT” their homeowners. Would it better serve the homeowners’ interests if they had legal representation at the meeting since the POA shows up with their own attorneys?
6.) Doesn’t the HOA “Transfer Fee” supposed to include the distribution of the Governing documents, Bylaws, DCC&R’s, and the Rules and Regulations of an HOA/POA to the new buyers? Who is supposed to provide the most up-to-date copy to the buyer, even after the buyer has asked for it?
1. Yes, but when HOA’s are still under Development control, those same people usually have a majority vote.
2. Yes, but you may need request and in some circumstances mail a certified letter.
3. Very common in Texas.
4. Good Luck. Welcome to the world of HOA’s in TX. Most laws help the Developer and HOA Boards, NOT the residents.
5. They are only required to have one meeting per year, UNLESS the governing document say something different.
6. Yes, if you closed through an attorney or title company, they need to give you a copy from that HOA at the closing table. Otherwise, you have to requrest them from from HOA.
Overall Answer: Buckle up because being a member of an HOA / POA in Texas is fraught with situations that do NOT protect the homeowner.
Help. Our POA President refuses to enforce some rules because her friend the Vice-President and former President knowingly broke these rules and the law states all has to be equal. She refuses to step on her friends toes. This is unfair. HELP please.