Condominium Unit Boundary Dispute — What Is Mine and What Is the Association’s?
Texas condominium unit boundaries under the Texas Uniform Condominium Act are defined by the declaration. Whether walls, pipes, wiring, and structural components are within the unit or part of the common elements determines who bears the cost of repair.
Condo Master Policy vs. Unit Owner Policy — Who Covers What?
Texas condominium insurance disputes between master policies and unit owner policies turn on three questions: what the declaration defines as the unit boundary, what the master policy covers, and what the unit owner’s policy covers. These questions rarely have simple answers.
Service Animal and ESA in HOA — When the HOA Says No
Under the Fair Housing Act, HOAs must provide reasonable accommodations for disability-related assistance animal requests. This applies to both service animals and emotional support animals. The HOA can request documentation but cannot impose requirements beyond HUD guidance.
HOA Disability Accommodation — Reasonable Modification Requests
Section 804(f)(3)(A) of the Fair Housing Act requires housing providers, including HOAs, to permit reasonable modifications to the premises at the expense of the person with a disability. The HOA may impose conditions to ensure restoration but cannot simply refuse.
HOA Fidelity Bond — When an Officer or Manager Steals Association Funds
HOA fidelity bonds protect the association against financial losses caused by dishonest acts of officers, directors, and employees. Most HOA governing documents and some Texas statutes require fidelity coverage. When coverage is absent and theft occurs, the uninsured board faces personal liability.
FDCPA and HOA Debt Collection — Your Rights Against Abusive Collectors
The Fair Debt Collection Practices Act applies to third-party debt collectors hired by HOAs to collect assessment debts. Prohibited conduct includes harassment, false representations, and threatening actions the collector cannot legally take. Statutory damages of $1,000 per violation are available.
SCRA Protection — HOA Foreclosure While on Military Deployment
The Servicemembers Civil Relief Act requires court approval before any foreclosure, lien enforcement, or similar action against a servicemember on active duty. An HOA that forecloses without obtaining court approval violates the SCRA and can be held liable for damages.
EV Charging Station Rights in HOA Communities
HOA restrictions on EV charging station installation face increasing legal scrutiny as Texas municipalities and the state legislature address this issue. Homeowners seeking to install EV chargers in private garages have strong arguments that blanket HOA prohibitions are unreasonable.
Satellite Dish Rights in HOA — The FCC OTARD Rule
The FCC’s OTARD rule under 47 C.F.R. § 1.4000 preempts local and HOA restrictions that impair the installation, maintenance, or use of satellite dishes one meter or less in diameter on property within the exclusive use or control of the antenna user.
Owner Liability for Tenant HOA Violations
Texas HOA governing documents typically hold lot owners responsible for tenant compliance with association rules. An owner whose tenant receives violations is subject to fines even if the owner personally did nothing wrong — making lease provisions and tenant screening critical.