ACC Approval Denial — How to Challenge an Architectural Committee Decision
Texas courts review ACC decisions for arbitrariness, bad faith, and failure to apply stated design standards. An ACC that approves identical improvements for some owners while denying others invites both selective enforcement and arbitrary action claims.
Solar Panel Rights in Texas HOA Communities
Section 202.010 of the Texas Property Code makes HOA restrictions that prohibit the installation of solar energy collection devices void and unenforceable. HOAs may impose reasonable aesthetic restrictions but cannot prohibit solar outright.
Political Sign Rights in Texas HOA Communities
Section 202.009 of the Texas Property Code prohibits HOAs from banning political signs within specified periods before and after an election. HOAs may regulate sign size and location but cannot impose a blanket prohibition.
Short-Term Rental Dispute in HOA — Airbnb and VRBO
Texas courts have addressed HOA short-term rental bans with inconsistent results. The key issues are whether the restriction was properly adopted, whether the restriction is retroactive, and whether grandfathering rights exist for owners who were already renting.
HOA Assessment Dispute — When You Believe the Calculation Is Wrong
Texas Property Code Chapter 209 gives homeowners the right to dispute assessment calculations and demand a proper accounting. An HOA that refuses to provide documentation supporting its assessment claim faces significant obstacles in any enforcement proceeding.
HOA Assessment Lien — What It Means and What the HOA Can Do With It
Texas HOA assessment liens arise automatically under the declaration when assessments go unpaid. The lien must be properly recorded to affect third parties, and Chapter 209 imposes specific notice requirements before the lien can be enforced through foreclosure.
HOA Assessment Payment Plan Rights Under Section 209.0062
Section 209.0062 of the Texas Property Code requires HOAs to offer a reasonable payment plan to homeowners who request one in writing. The statute specifies minimum plan terms and prohibits the HOA from initiating foreclosure while a compliant plan is in effect.
Estoppel Certificate Disputes at Real Estate Closing
HOA resale certificates and estoppel letters must accurately disclose assessment status, outstanding violations, and pending litigation. Inaccurate disclosures can expose the association to liability and give the buyer claims against both the HOA and the seller.
Wrongful HOA Lien — How to Get It Removed
Texas Property Code Chapter 209 and the Texas Property Code’s wrongful lien provisions provide remedies for homeowners against whom an HOA has filed an improper or invalid assessment lien. Declaratory judgment and mandatory release are available remedies.
Special Assessment — When the HOA Can Levy One and How to Challenge It
The authority to levy special assessments depends entirely on the HOA’s declaration and bylaws. Many governing documents require a membership vote for special assessments above a certain threshold. A special assessment adopted in violation of those procedures is voidable.