Declaratory Judgment Against HOA — Challenging Restriction Validity
Declaratory judgment actions under Chapter 37 of the Texas Civil Practice & Remedies Code allow homeowners to proactively challenge the validity of deed restrictions. A successful declaratory judgment can resolve the question for all homeowners in the community — not just the plaintiff.
Pre-Suit Notice in Texas HOA Cases — Section 209.007
Section 209.007 of the Texas Property Code imposes pre-suit notice requirements for certain HOA-related claims. Understanding when this requirement applies — and what the notice must contain — is essential to preserving your right to bring the claim.
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 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.
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 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.
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 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.
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 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.