HOA Rental Cap Dispute — When the HOA Limits How Many Homes Can Be Rented
Texas HOA rental cap disputes involve questions of retroactive application, grandfathering rights, and the limits of board authority. A rental cap adopted after an owner began renting — or one that removes previously granted grandfather status — is subject to legal challenge.
HOA Failure to Enforce — When You Can Sue the HOA for Not Acting
Whether an individual homeowner can sue an HOA for failure to enforce deed restrictions depends on the language of the governing documents. If the Declaration creates a mandatory duty to enforce, the HOA’s refusal to act can be challenged through a declaratory judgment or mandatory injunction action.
HOA Receivership — When a Court Takes Over an Association
Texas courts have authority to appoint a receiver over a dysfunctional HOA as an equitable remedy. Grounds for receivership include financial mismanagement, failure to maintain common areas, complete board deadlock, and conduct threatening imminent harm to the community.
Contempt of Court — When the HOA Ignores a Court Order
Civil contempt sanctions against an HOA that violates an injunction or court order can include daily fines, mandatory compliance orders, and attorney’s fee awards. When individual officers are personally named in the order, personal sanctions including jail are possible.
Rural POA Disputes — When the Association Has No Legal Authority Over Your Land
Rural property owners associations derive their authority from recorded deed restrictions and recorded plats. A POA that was never properly organized, whose restrictions are not in your chain of title, or whose authority has expired may have no enforceable claim against you.
HOA Embezzlement — What to Do When an Officer Steals From the Association
HOA embezzlement cases require immediate action on multiple tracks: preserving financial records, filing a fidelity bond claim, initiating a civil lawsuit, and making a criminal referral. The board members who failed to provide adequate oversight may also face personal liability claims.
HOA Easement Dispute — When the Association Claims a Right Over Your Property
HOA easement rights in Texas must be created by a recorded instrument — the Declaration, the plat, or a separately recorded easement. An HOA that exercises rights over private lot areas without a valid easement is committing a trespass, and the owner can seek damages and injunctive relief.
HOA Attorney Conflict of Interest — When the Lawyer Works Against Homeowners
HOA attorneys are retained by and owe duties to the association as an entity. When an attorney’s conduct benefits individual board members at the expense of the association or its members, that conflict can be reported to the State Bar and addressed through civil litigation.
HOA Governing Document Conflict — CC&Rs vs. Bylaws vs. Rules
Texas HOA governance operates on a document hierarchy: the Declaration of Covenants is supreme, followed by Bylaws, followed by Rules and Regulations. When documents conflict, the higher-ranking document governs — and a board that applies a lower-ranking document to override a higher one is acting ultra vires.
HOA Rule Amendment — When the Board Changes the Rules Without a Homeowner Vote
HOA governing document amendment procedures depend entirely on what the documents say. Declaration amendments typically require owner votes; rule changes may be board-only. A rule adopted through the wrong process — or that exceeds the board’s authority — is vulnerable to challenge.