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An HOA attorney represents the association — not the individual board members. When the attorney's advice benefits board members personally at the expense of the association, a conflict of interest exists that can support both bar complaints and civil claims.
Texas Property Code Section 202.004 allows property owners to petition for termination of deed restrictions if the required number of owners agree. The process has specific procedural requirements that, if not followed, render the termination void.
HOA easement rights must be created by the Declaration, recorded plat, or separate easement instrument. An HOA that claims easement rights without a proper legal basis is trespassing — and you have the right to challenge that claim.
HOA embezzlement is both a civil claim and a criminal offense. Acting quickly to preserve evidence, notify insurers, and pursue both civil recovery and criminal referral maximizes the likelihood of recovering the stolen funds.
Rural and unplatted POAs often lack the legal foundation that urban HOAs have. Whether a POA has enforceable authority over your property depends on whether the restrictions were properly created and properly attached to your chain of title.
An HOA that violates a court order is subject to contempt sanctions — including fines and, in extreme cases, incarceration of responsible officers. Courts do not take defiance of their orders lightly.
A Texas court can appoint a receiver to take over an HOA that is failing to perform its basic functions. Receivership is a drastic remedy — but it is available when the association's dysfunction is causing irreparable harm to the community.
A declaratory judgment action under the Texas Declaratory Judgments Act allows a homeowner to obtain a binding court ruling on the validity of a deed restriction before the HOA files suit. It puts the homeowner in the driver's seat.
Texas Property Code Section 209.007 requires written notice and an opportunity to cure before a homeowner can sue an HOA in certain circumstances. Skipping this step can result in dismissal and loss of attorney's fees.
Texas Property Code Section 209.008 allows a prevailing party to recover attorney's fees in certain HOA disputes. Understanding when fee shifting is available — and how to preserve that right — is as important as winning the case itself.
An HOA that has a mandatory enforcement obligation under its governing documents — and refuses to act — can be sued by an aggrieved homeowner. The question is whether the documents create a duty to enforce or merely a discretion to enforce.
HOA rental caps and grandfathering provisions are among the most litigated HOA issues in Texas. An HOA that retroactively removes grandfathered status or changes the rules mid-stream faces serious challenges under Texas law.
In most Texas HOA communities, the owner — not the tenant — is responsible for ensuring compliance with governing documents. Understanding your lease obligations and the HOA's enforcement procedures is essential before a tenant moves in.
The FCC's Over-the-Air Reception Devices (OTARD) rule preempts HOA restrictions that prevent, unreasonably delay, or unreasonably increase the cost of installing a satellite dish one meter or smaller. Federal law supersedes the HOA's authority here.
Several Texas municipalities have addressed EV charging station rights in HOA communities, and the legal landscape is evolving rapidly. An HOA that blanket-prohibits EV charging installation may be on shaky legal ground.
The Servicemembers Civil Relief Act protects active duty military members from HOA foreclosure. A foreclosure that proceeds without court approval against a servicemember violates federal law and is voidable.
When an HOA hires a third-party debt collector to collect assessments, the Fair Debt Collection Practices Act applies. Abusive, deceptive, or unfair collection tactics by that collector are federal violations — with statutory damages and attorney's fees available.
A fidelity bond is the HOA's primary protection against officer and employee theft. If the HOA does not have a fidelity bond — or the bond was inadequate — the board members who failed to obtain coverage may be personally liable.
The Fair Housing Act requires HOAs to permit reasonable modifications to the premises when needed by a resident with a disability. A blanket denial of a modification request violates federal law.
The Fair Housing Act requires HOAs to provide reasonable accommodations for persons with disabilities — including allowing assistance animals in no-pet communities. An HOA that refuses a properly documented accommodation request is violating federal law.
The dividing line between HOA master policy coverage and unit owner coverage is one of the most frequently disputed issues in Texas condominium law. The answer depends entirely on the declaration's insurance provisions and the unit boundary definition.
Condominium unit boundaries define the dividing line between what belongs to the unit owner and what belongs to the association. These boundaries are set by the condominium declaration — and they are not always where owners expect them to be.
An HOA that controls common areas owes a duty to maintain them in a reasonably safe condition. Failure to repair known hazards — potholes, broken sidewalks, inadequate lighting — can support premises liability claims against the association.
HOA amenity access restrictions must be grounded in the governing documents and applied uniformly. An HOA that restricts amenity access selectively or without a valid governing document basis may be in breach of the Declaration.
A terminated management company has no right to retain HOA records, funds, or property. Withholding these after termination exposes the company to conversion claims and injunctive relief — and courts act quickly in these situations.
A management company is an agent of the HOA — not its principal. Actions taken outside the scope of the management contract expose both the manager and the board that ratified those actions to liability.
A developer who transfers control of an HOA with an underfunded reserve fund may have breached fiduciary duties owed during the control period. The turnover audit is the document that exposes the problem — and begins the clock on the claim.
Texas Property Code Section 209.00591 requires developers to turn over HOA control once specified thresholds are met. A developer who refuses to relinquish control — or who conducts a defective turnover — faces both statutory and common law claims.
Developer-drafted restrictions that serve no legitimate purpose, conflict with Texas law, or were adopted through a fraudulent disclosure process can be challenged. Developer control does not mean unlimited authority.
Not every governing document change can be made by the board alone. Amendments to the Declaration typically require a supermajority owner vote. A rule change that exceeds the board's amendment authority can be declared void.
Texas law establishes a hierarchy for HOA governing documents. When documents conflict, the Declaration controls over Bylaws, which control over Rules and Regulations. A board that inverts this hierarchy is acting outside its authority.
Reserve fund adequacy directly affects property values and future special assessments. Texas homeowners have the right to review reserve fund disclosures — and a board that refuses to discuss reserves may be concealing a serious financial problem.
Texas Property Code Section 209.005 gives homeowners the right to inspect HOA books and records. An HOA that refuses a proper written request is in violation of the statute — and a court can order production and award attorney's fees.
HOA directors in Texas owe fiduciary duties to the association and its members. Self-dealing — awarding contracts to related parties, misusing association funds, or acting for personal benefit — can support personal liability claims against individual directors.
Texas Property Code Section 209.0051 requires HOA boards to conduct business in open meetings and gives homeowners the right to attend. Improper use of executive session to exclude owners is a violation of the statute.
Texas Property Code Section 209.0059 gives homeowners the right to petition for a special meeting to vote on board member removal. The board cannot block a properly filed removal petition.
HOA board elections in Texas must follow the procedures in the bylaws and the Texas Nonprofit Corporation Act. An election conducted without proper notice, without a quorum, or with improper ballot procedures can be challenged and overturned.
Enforcement that begins immediately after a homeowner exercises their legal rights — filing a complaint, attending a board meeting, running for the board — raises a strong inference of retaliation that Texas courts take seriously.
Selective enforcement is a complete defense to an HOA enforcement action in Texas. If the HOA enforces a restriction against you while ignoring the same violation by others, that inconsistency can defeat the entire case.
A bankruptcy filing triggers an automatic stay that immediately halts any pending HOA foreclosure sale. But the stay has limits in the HOA context — post-petition assessments are generally non-dischargeable.
A foreclosure sale that resulted from defective notice can be set aside in Texas court. The relief is not automatic — but a homeowner who never received the required Chapter 209 notices has a strong claim.
Rule 736 is an expedited foreclosure procedure that can move very quickly. You have a limited window to file a response — and failing to respond allows the court to grant the order without a hearing.
A temporary restraining order can stop an HOA foreclosure sale in its tracks — but it must be filed before the sale occurs. A sale that happens before you get to court is significantly harder to undo.
Texas law imposes strict procedural requirements before an HOA can foreclose on a homestead. Missing a single step in the Chapter 209 notice sequence is a complete defense — and gives you grounds to enjoin the sale.
Special assessments in Texas HOAs must be authorized by the governing documents. An assessment that exceeds the board's unilateral authority — or that was adopted without the required member vote — can be challenged and enjoined.
A wrongfully filed HOA lien is a cloud on title. Texas law provides a mechanism to remove invalid liens — and courts can award attorney's fees against an HOA that refused to release a lien it knew was improper.
A resale certificate or estoppel letter that contains inaccurate information about outstanding assessments, violations, or pending litigation can expose the HOA to liability — and can cloud the transaction.
Texas Property Code Section 209.0062 gives homeowners who are delinquent on assessments the right to request a payment plan. An HOA that refuses a written payment plan request may be in violation of the statute.
An HOA assessment lien is a cloud on your title. It can affect your ability to sell, refinance, or transfer your home — and it is the first step toward foreclosure if left unresolved.
An HOA that cannot produce a clear accounting of what you owe — credits, payments, fees, and interest — may not be able to enforce its lien. The right to contest assessment amounts is specifically protected under Texas law.
Whether an HOA can ban short-term rentals — and whether that ban can apply to owners who began renting before the rule was adopted — is one of the most actively litigated issues in Texas HOA law right now.
Texas Property Code Section 202.009 limits HOA authority to regulate political signs. An HOA cannot prohibit political signs during election periods — only regulate their size and placement.
Texas Property Code Section 202.010 prohibits HOAs from preventing the installation of solar energy devices. Restrictions that effectively prohibit solar panels are void — with attorney's fees available against HOAs that try to enforce them.
An ACC that denies applications arbitrarily, applies inconsistent standards, or refuses to explain its reasoning can be challenged in Texas court. ACC authority is broad — but it is not unlimited.
A deed restriction that has been abandoned, waived through non-enforcement, or overtaken by changed conditions can be declared unenforceable by a Texas court — regardless of its original validity.
Texas courts interpret restrictive covenants strictly against the party seeking to enforce them. Ambiguous restrictions are construed in favor of the free use of property.
Texas law caps HOA fines and requires written notice of the fine schedule before any fine can be imposed. A fine that was not disclosed in advance or that exceeds the authorized amount is unenforceable.
A violation notice is not a fine. It is the beginning of a procedural sequence that Texas law controls precisely. Every step the HOA takes — and every step you take — matters. Missing your hearing request deadline ends your administrative rights permanently.
Recording a U.S. trademark or copyright with CBP directs border agents to seize counterfeit goods at the port of entry — before they reach consumers. It is one of the most cost-effective brand protection tools available.
UDRP complaints through WIPO or NAF can recover a domain name in 60 days without going to federal court — if the facts clearly establish bad faith registration and use. Federal ACPA litigation is the alternative for more complex cases.