I live In North Atascocita where several houses are abandoned and vandalized daily by students from the area. Police was called no action was taken with the excuse of not having a home owner who should be the one to complaint. However, we the neighbors witnessed this over and overdo again. We fear for our own safety and for the safety of our community. HOA does not do anything except callect the home owners’fees or in he worse case scenario send a letter to who ever is in charge of those properties as far as we know they are owned mostly by the banks. We do not any see any action taken.
Would you please be kind enough to help us. We want to take action, however, we do not know where to starter. No one seem to care what happen in our neighborhood.
Schools are out for a week for Spring break. We will have he students unsupervised running in our streets vandalizing those houses mentioned above.
We need help.
You may have this confused with a section in the property code that states that a limit to an increase in the annual budget. See item (h)11 in this link: Texas Property Code
Keep in mind Jennifer that HOA POA laws affect your community but there is a hierarchy to law in the United States, with State and Federal laws taking precedence. The Americans with Disability Act would be in place regardless of the community ‘rules’ and if there are any state laws in Texas based on accommodations for the disabled, they would also be in place. ‘Reasonable accommodations’ need to be made.
Has the Texas Property Code changed on the flags that may be displayed other than the United States Flag, Texas Flag, and those of the Armed Forces?
Does the HOA Board have the authority to ignore the Texas Property Code on a specific topic like this?
Our HOA states that changes were made to amend this section in 2012. Can’t seem to find that language. If this has taken place, please direct me to the appropriate document.
William, the Texas laws must be followed by all HOA, POA’s in Texas. Homeowner organizations must not violate any of the Federal laws that would apply, for example accommodations for the disabled. They need to learn to be flexible in their rules for those who are protected by the ADA. But, here is the kicker. There is no place that a homeowner can go to get a state entity to enforce those laws. They MUST hire an attorney or if they are lucky, in Texas, they might be able to go to justice court for a lesser fee and represent themselves. Ask your county justice if this can be done.
We are looking for a suitable electronic meeting program due to the Covid-19 stuff going around. Needs to have weighted voting provisions as some owners own more than one property.
San Geronimo Airpark Property Owners Associaation
San Antonio, Texas
Live in SA, TX and wondering how 4 yr statute of limitations applies when home owner failed to apply for an above the ground pool which is NOT against CCR, erected in 2010 and built behind a solid 6′ wall which was applied for about the same time. Homeowner is now being told statute of limitation is null and void because it’s as if no-one was aware of it and it’s being submitted as new improvement. It was only submitted because mgmt company was informed of the pool after someone saw it online and requested they submit for approval.(house is for sale)
I live In North Atascocita where several houses are abandoned and vandalized daily by students from the area. Police was called no action was taken with the excuse of not having a home owner who should be the one to complaint. However, we the neighbors witnessed this over and overdo again. We fear for our own safety and for the safety of our community. HOA does not do anything except callect the home owners’fees or in he worse case scenario send a letter to who ever is in charge of those properties as far as we know they are owned mostly by the banks. We do not any see any action taken.
Would you please be kind enough to help us. We want to take action, however, we do not know where to starter. No one seem to care what happen in our neighborhood.
Schools are out for a week for Spring break. We will have he students unsupervised running in our streets vandalizing those houses mentioned above.
We need help.
Atascocita North needs help by HOA,the Police,and the homeowners
Where do I find the Texas HOA law that pertains to “if a violation has not been enforced over four years ago, can it be enforced at present time”.
Standard Statute of Limitation in Texas: https://statutes.capitol.texas.gov/Docs/CP/htm/CP.16.htm#16.004
In the State of Texas is there a law that says an HOA can only go up 10% a year on home owners dues?
You may have this confused with a section in the property code that states that a limit to an increase in the annual budget. See item (h)11 in this link: Texas Property Code
Are there texas laws or poa rules on making reasonable modifications for disabled homeowners?
Keep in mind Jennifer that HOA POA laws affect your community but there is a hierarchy to law in the United States, with State and Federal laws taking precedence. The Americans with Disability Act would be in place regardless of the community ‘rules’ and if there are any state laws in Texas based on accommodations for the disabled, they would also be in place. ‘Reasonable accommodations’ need to be made.
Has the Texas Property Code changed on the flags that may be displayed other than the United States Flag, Texas Flag, and those of the Armed Forces?
Does the HOA Board have the authority to ignore the Texas Property Code on a specific topic like this?
Our HOA states that changes were made to amend this section in 2012. Can’t seem to find that language. If this has taken place, please direct me to the appropriate document.
William, the Texas laws must be followed by all HOA, POA’s in Texas. Homeowner organizations must not violate any of the Federal laws that would apply, for example accommodations for the disabled. They need to learn to be flexible in their rules for those who are protected by the ADA. But, here is the kicker. There is no place that a homeowner can go to get a state entity to enforce those laws. They MUST hire an attorney or if they are lucky, in Texas, they might be able to go to justice court for a lesser fee and represent themselves. Ask your county justice if this can be done.
We are looking for a suitable electronic meeting program due to the Covid-19 stuff going around. Needs to have weighted voting provisions as some owners own more than one property.
San Geronimo Airpark Property Owners Associaation
San Antonio, Texas
I have nothing that I can suggest.
Live in SA, TX and wondering how 4 yr statute of limitations applies when home owner failed to apply for an above the ground pool which is NOT against CCR, erected in 2010 and built behind a solid 6′ wall which was applied for about the same time. Homeowner is now being told statute of limitation is null and void because it’s as if no-one was aware of it and it’s being submitted as new improvement. It was only submitted because mgmt company was informed of the pool after someone saw it online and requested they submit for approval.(house is for sale)
I cannot help you without seeing the CC&Rs. Sorry it took so long to answer, but I did not get notification of your question.
Can our Condo HOA restrict the number of units that can be used as rental units.
Our current CC&R’s only have restrictions on short term lease/rental.
I would have to see them to answer that.
Please see my list for H.O.A. reform policy proposals on pp. 09 – 14 at
https://drive.google.com/file/d/1KOpxNY6yi6L49Ubzl8zKbXT19PZMhqnl/preview
It’s obviously Colorado-centric. But it can be modified to apply to Texas.
Thanks.