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.
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.