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Recent Posts
- TEXAS HOA REFORM: LEGISLATION SUGGESTIONS
- HOA NEPOTISM IN TEXAS HAS ENDED
- HOA REFORM COALITION – TEXAS LEGISLATION
- HOA Reform Coalition Questionnaire
- HOA Reform Coalition – Texas Legislature
- HOA Foreclosure For $150
- Deputy Accused Of Taking HOA Money
- Can HOA Board Forgive Unpaid Assessments?
- Court Decision Helps Community Organizations
- Abuse Of Power
Category Archives: HOA POA Law
TEXAS HOA REFORM: LEGISLATION SUGGESTIONS
The 87th Texas Legislative Session begins in January 2021. The HOA Reform Coalition of Texas is in the process of proposing new legislation. As part of this process, we need real examples of how HOA/POA/COA have treated property owners. Click Here For Entire Entry
Posted in Action Steps, HOA POA Law, Homeowner Association News
Tagged association, hoa, legislation, owners, poa, property, reform, texas
1 Comment
HOA NEPOTISM IN TEXAS HAS ENDED
HB-1025 passed the 86th Texas legislative process and parts of the 209 statute are changing, NOW. This Act takes effect September 1, 2019, except Section 209.00591(a-3), Property Code, as added by this Act, which was enacted on 6/14/2019. That was the day that Governor Abbott signed it. This will not effect any sitting board members, but when their terms are up, they must follow this law. All future elections can no longer have husband/wife or other relative relationship persons, residing in the same home, running or elected. IMHO, that should have existed all along – too much nepotism. 209.0059 (a-3) … Click Here For Entire Entry
Posted in HOA POA Law, Homeowner Association News
Tagged association, homeowners, legislation, texas
6 Comments
HOA REFORM COALITION – TEXAS LEGISLATION
FROM TEXAS HOA REFORM COALITION: http://hoareformcoalition.org/ Beanie Adolph – Director Nancy Kozanecki – Assistant Director
Posted in HOA POA Law, Homeowner Association News
Tagged association, homeowners, law, legislation, texas
1 Comment
HOA Reform Coalition Questionnaire
“The Texas Legislature will begin its 86th Session on January 8, 2019. In July the Texas HOA Reform Coalition submitted a questionnaire to the candidates in anticipation of the November elections. Texas homeowners need Senators and Representatives to be aware of the unchecked power exerted by HOAs and the urgent need for laws to protect them.” Read more here: HOA Reform Coalition
Posted in Action Steps, HOA POA Law
2 Comments
HOA Reform Coalition – Texas Legislature
Dear Texas Homeowners: Our work has begun. The homeowners of Texas must now respond to all bill activity as best as each can. Those who live in or near Austin and can go to the Capitol for hearings, please go to as many as you can. A citizen may testify for or against or one has the option to merely select that choice on the forms found in the back of the Hearing Rooms. Even though not testifying, those positions for or against are tallied and announced. Your presence is most important. Those a distance from Austin can be very effective by contacting … Click Here For Entire Entry
Posted in Action Steps, HOA POA Law
Tagged association, homeowner, legislation, owner, property
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Court Decision Helps Community Organizations
Q. I received a legal update via e-blast from a local law firm that specializes in real estate and condo association law. Apparently there is a new court decision that provides relief for banks and third party investors who buy a property at foreclosure sale. As I understood it, a condo or homeowners association will no longer be able to pursue past due maintenance fees if the association foreclosed its lien and owned the property for a period of time. Can you better explain the court decision and what it means for community associations? Q. We have an owner who … Click Here For Entire Entry
Posted in HOA Management, HOA POA Law, Homeowner Association Q&A's
Tagged association, dues, homeowner, law, legislation, question
2 Comments
Gated HOA Gated Community Streets Responsibility
By Robert Lee Long Citizens say streets in Cross Creek, a private gated community in Hernando, are in need of repair and one of the ways to upgrade their condition is to make them public. One way to achieve improvements and upgrades is to turn the streets over to the city. At issue, however, is the fact that plats of the subdivision will have to be changed, and if the streets are taken into the city, they will have to be accessible to the public. Leigh Pegram, president of the Cross Creek Homeowners Association, said the group is exploring their … Click Here For Entire Entry
Homeowner Association Attorney Ethics
By Jan Bergemann In a perfect community association world the association attorney would make sure that the interests of all members of the community are represented when acting on behalf of the association. The actions of the attorney would benefit all members of the community – since all are paying the legal bills equally. Board members and owners should be able to rely on an attorney, who acts as the professional the association hired to represent its legal interest. But since we are not in a perfect community association world, we see lots of problems caused by association attorneys who … Click Here For Entire Entry
HOAs Adjust To Texas Law Changes
By MATTHEW WATKINS Want to go green by harvesting rainwater and installing solar panels at your house? Your homeowners association can no longer stop you, even if it considers the projects eyesores. Religious symbols under a certain height and flagpoles with United States, Texas or military flags are now also fair game. And if your homeowners association wants to foreclose on your home for missed dues and unpaid fines, there are new hurdles it must clear. That is because of a series of new laws passed during the 2011 legislative session that have shaken up how the state’s numerous and … Click Here For Entire Entry
Texas Homeowner Association Laws
By Bill Oliver With more than 60 homeowners associations (HOA), the city of College Station TX is devoting staff time to staying on top of new state laws. Barbara Moore of College Station’s neighborhood services office says additional requirements for HOA’s will affect how she does her job. Before new laws took affect January 1st, Moore says they worked with recruiting and training new HOA officers. Now, she will be assisting HOA’s with complying with new open meetings and records requirements among other things. Moore says a recent meeting with 80 HOA representatives and members of a HOA trade association … Click Here For Entire Entry
Legislator ‘oops’ on HOA Legislation HB-2160
by Kathleen Stinson Arizona House Bill 2160, authored by Scottsdale Republican state Rep. John Kavanagh and approved by the state House earlier this week, sets new standards for condominium and HOA board elections. It will now go before a Senate committee. Kavanagh said his bill guarantees secret ballots, prohibits an HOA from including endorsements in official board mailings, prohibits counting ballots before the close of an election, allows for a representative from each candidate to observe the counting, and provides that any identifying information be placed on the outer envelope and not on the ballot itself. Kavanagh said his bill … Click Here For Entire Entry
Associa Announces Opening of Texas HOA Collections Service
There was a recent news article that announced that – HOA Collection Services (HCS), an Associa company, launches this week in Texas and California, providing collection services to community associations. “When community association Boards find collections services necessary, it is paramount to provide efficient, respectful service at a competitive cost,” said Paul Reyes, president of HCS. Associa is the largest Homeowner Association and Property Owner Association companies in the United States and is moving into Canada and Mexico. It is a diversified company with branches in every aspect of HOAs, including homeowner association management, insurance, and now collections. Associa also … Click Here For Entire Entry
Are All HOA Monies Tax Exempt?
By Gary Poliakoff A Las Vegas HOA is currently fighting with the IRS over the question of whether $2 million held in the HOA’s savings account is subject to a 30% sales tax as corporate surplus. Associations are generally organized as not-for-profit corporations (some older associations are not incorporated) and therefore must file tax returns like other not-for-profit corporations. Associations are not entitled to tax exempt status like charitable organizations. To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in the Code. To be tax … Click Here For Entire Entry
Disturbing New Trend Impacting HOA’s
By Donna DiMaggio Berger Two recent legislative attempts signal a disturbing trend that has the potential to negatively impact Florida’s community associations. The first is this year’s construction defect bill, HB 1013, sponsored by Representative Artiles and its Senate companion, SB 1196, sponsored by Senator Bennett. These bills would take away a homeowner’s rights to pursue a developer for defects to the driveways, roads, sidewalks. utilities, drainage areas and other so-called “off-site” improvements that are not located on the lot on which a home is constructed or which are located on such a lot but do not contribute to the … Click Here For Entire Entry
Texas HOA Law Changes
By Jennifer Slewer A slew of changes are now in effect for the state’s homeowners associations, the love-’em-or-hate-’em groups that everyone seems to have an opinion about. The changes grant homeowners more freedoms when it comes to outdoor decorating and installation of environmentally friendly systems. The changes also make it harder for HOAs to foreclose because of unpaid fees. Now, HOAs won’t be able to keep you from displaying the U.S. or Texas flag, or flags of military branches. Free-standing flagpoles 20 feet tall or less will be allowed, too — legislation filed in response to an HOA that sued … Click Here For Entire Entry
New Texas Laws Change HOA Powers
By Natalie Solis Nearly 5 million Texans live in neighborhoods with homeowner associations. Compared to other states, HOAs wield a lot of power. But that’s starting to change. For many North Texans, home owners associations are the norm and not the exception Angel Long is well versed in the rules. “Just those little things… the arbor on the back that had to be approved, and all the regulations,” she said of her Frisco home. “It wasn’t ever a hard process, but just something that had to be followed.” Rules are one thing, but taking away someone’s house is another. “Lawyers … Click Here For Entire Entry