HOA Board Election Disputes — Challenging an Improper Vote
Texas HOA board elections are governed by the association’s bylaws, the Texas Nonprofit Corporation Act, and Chapter 209 of the Texas Property Code. Procedural defects in notice, ballot procedures, quorum, and vote counting are all challengeable.
Removing an HOA Board Member — Homeowner Petition Rights
Section 209.0059 of the Texas Property Code provides a specific procedure for homeowner-initiated removal of HOA board members. A petition signed by the required percentage of owners triggers mandatory meeting obligations that the board cannot ignore.
HOA Open Meeting Rights — When the Board Locks Homeowners Out
Section 209.0051 of the Texas Property Code imposes open meeting requirements on Texas HOA boards. Executive session is permitted only for limited purposes — legal advice, personnel matters, and contract negotiations. Everything else must be done in open session.
Director Fiduciary Duty — When the Board Acts in Its Own Interest
Texas HOA directors are fiduciaries. Undisclosed conflicts of interest, self-dealing contracts, and decisions made for personal benefit rather than the association’s interest can support breach of fiduciary duty claims against individual board members.
HOA Records Request — How to Get the Documents You Are Entitled To
Section 209.005 of the Texas Property Code requires HOAs to make their books and records available for inspection. The right covers financial records, meeting minutes, contracts, and governing documents. Refusal to comply can be enforced through a writ of mandamus or declaratory judgment.
HOA Reserve Fund — What Homeowners Have the Right to Know
Texas law requires HOAs to disclose reserve fund information to homeowners. An underfunded reserve is a warning sign of future special assessments and potential financial distress. Homeowners can demand financial records and challenge the board’s reserve fund management.
HOA Violation Notice — What to Do the Day You Receive It
Texas HOA violation notices must comply with Chapter 209 of the Texas Property Code. Before paying a fine or ignoring the notice, homeowners should understand what the notice requires, what the cure deadline is, and what hearing rights they have under Section 209.0061.
HOA Fine Schedules — What the HOA Can and Cannot Charge You
Texas Property Code Section 209.006 prohibits HOAs from imposing fines not previously disclosed in the association’s fine schedule. Fine caps, notice requirements, and the right to contest fines are all governed by Chapter 209.
Deed Restriction Interpretation — When the Language Is Ambiguous
When deed restriction language is ambiguous, Texas courts apply the rule of strict construction — resolving uncertainty against enforcement and in favor of the free use of land. Context, community practice, and the original intent of the developer all become relevant evidence.
Expired and Unenforceable Deed Restrictions
Texas courts recognize three doctrines that can render a deed restriction unenforceable: expiration by its own terms, abandonment through widespread violation without enforcement, and changed conditions that have destroyed the purpose of the restriction.