Developer-Drafted HOA Restrictions — Challenging Unreasonable Provisions
Developer-drafted HOA declarations are subject to challenge on grounds of illegality, violation of Texas property law, and — in extreme cases — fraudulent inducement. Courts examine whether the restriction serves a legitimate purpose consistent with the overall scheme.
HOA Turnover — When the Developer Finally Gives Up Control
Section 209.00591 of the Texas Property Code establishes the conditions under which a developer must transfer HOA control to the homeowner-elected board. The turnover must include a full financial accounting and transfer of all association records and assets.
Underfunded HOA Reserves at Developer Turnover
Developers who control HOAs owe fiduciary duties to the association and its members. An underfunded reserve at turnover — the result of inadequate assessments or misuse of funds during the control period — can support both breach of fiduciary duty and fraud claims against the developer.
HOA Management Company Dispute — When the Manager Is the Problem
HOA management companies in Texas act as agents of the association. Unauthorized actions, self-dealing, and failure to follow board direction can support both contract claims against the management company and fiduciary duty claims against individual managers.
Firing the HOA Management Company — Rights and Process
HOA management company termination disputes involve the management contract’s termination provisions, transition obligations, and the return of association records and funds. A management company that refuses to return records can be compelled by court order.
HOA Amenity Access Dispute — Being Denied Access to Pool or Club
HOA amenity access rights are defined by the Declaration and rules. Restrictions on pool or clubhouse access must be disclosed in the governing documents, applied consistently, and not used as an informal enforcement mechanism against specific homeowners.
Slip and Fall on HOA Common Area — Who Is Liable?
Texas premises liability claims against HOAs require proving the association knew or should have known about the dangerous condition and failed to take reasonable steps to remedy it. HOA general liability insurance and D&O coverage both become relevant.
HOA Foreclosure and Bankruptcy — How Filing Stops the Sale
The automatic stay under 11 U.S.C. § 362 stops HOA foreclosure proceedings immediately upon filing. However, HOA assessments that accrue after the petition date are typically non-dischargeable, and the HOA can seek stay relief for ongoing violations.
Selective Enforcement Defense — When the HOA Ignores Everyone Else
Texas courts have consistently held that selective enforcement — applying deed restrictions to some owners while ignoring identical violations by others — is a complete defense and can be asserted both defensively and as an affirmative counterclaim.
HOA Retaliation — When Enforcement Is Pretextual
Retaliatory enforcement by an HOA — targeting a homeowner because they exercised their legal rights — can support claims for injunctive relief, damages, and attorney’s fees. The timing of the enforcement action is often the most powerful evidence.