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 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 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.
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 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.
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 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.
HOA Retaliation — When Enforcement Is Pretextual
Retaliatory enforcement by an HOA — targeting a homeowner because they exercised their legal rights — can support claims for injunctive relief, damages, and attorney’s fees. The timing of the enforcement action is often the most powerful evidence.
Selective Enforcement Defense — When the HOA Ignores Everyone Else
Texas courts have consistently held that selective enforcement — applying deed restrictions to some owners while ignoring identical violations by others — is a complete defense and can be asserted both defensively and as an affirmative counterclaim.
HOA Foreclosure and Bankruptcy — How Filing Stops the Sale
The automatic stay under 11 U.S.C. § 362 stops HOA foreclosure proceedings immediately upon filing. However, HOA assessments that accrue after the petition date are typically non-dischargeable, and the HOA can seek stay relief for ongoing violations.