Owner Liability for Tenant HOA Violations
Texas HOA governing documents typically hold lot owners responsible for tenant compliance with association rules. An owner whose tenant receives violations is subject to fines even if the owner personally did nothing wrong — making lease provisions and tenant screening critical.
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.
Attorney Fee Shifting in Texas HOA Disputes — Section 209.008
Section 209.008 of the Texas Property Code provides for attorney’s fee recovery in certain HOA enforcement actions. The fee-shifting provision applies differently to the association and the homeowner — and the procedural steps you take before litigation affect your eligibility.
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.
Terminating Deed Restrictions — When Homeowners Vote to Remove Them
Texas Property Code Section 202.004 provides a mechanism for property owners to terminate deed restrictions by vote. The required vote threshold, notice procedures, and recording requirements must all be followed precisely for the termination to be valid and enforceable.
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 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.
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.
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.
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.