A homeowner’s association in Texas, also called an HOA, is a body that governs a common interest community. These are commonly found in condominium complexes, apartments, and other planned development communities.
An HOA is a private association that manages and sells homes and lots that are located in planned subdivisions. To find out more information about HOAs, it may be helpful to read about HOA FAQs.
Homeowners are automatically members of the HOA when they purchase their lots or homes. In the real estate purchase contract, there will be provisions about the property being located in a planned community and is subject to HOA rules and fees.
Most HOAs charge residents monthly or yearly. These fees are used to keep up common community areas and shared structures, such as pools.
HOAs can also enforce covenants, conditions, and restrictions (CC&Rs), or the rules that apply in the neighborhood. Common examples of these include requiring lawn maintenance, only allowing certain colors to be used, and parking regulations.
If a homeowner does not comply with the rules of the HOA, they can be fined or even taken to court. On the other hand, owners can also take the HOA to court if it does not uphold its duties and obligations.
Thus, before suing an HOA, you should analyze the governing documents and HOA rules, which you should have received when you purchased your home. To find out more about HOA issues in Texas, it is important to have a lawyer consultation, especially if you are considering making a real estate purchase that will be governed by an HOA.
What Are CC&Rs?
CC&Rs are the covenants, conditions, and restrictions of the HOA that the homeowner agrees to abide by when they purchase in the neighborhood. Examples of common CC&R laws include:
- Requirements for landscaping and penalties for failure to follow them
- Rules about the exterior appearance of units and homes
- This may include fences, satellite dishes, colors, etc.
- Pet ownership
- The vehicles that the owner can park on the street or driveway
- It is common for boats and RVs to be prohibited
If a property owner does not comply with the CC&Rs, the HOA can fine them, attach a lien on their home, or even foreclose on their property for failure to pay dues, fines, or follow the rules. If an individual needs help with how to stop HOA foreclosure, they should reach out to a Texas lawyer immediately.
Should I Buy a House With Covenants, Conditions, and Restrictions?
Whether or not an individual should purchase a property subject to CC&Rs depends on their needs, wants, and services provided by the HOA. Some individuals may want to purchase a residence in an area subject to CC&Rs to take advantage of amenities, such as pools, gyms, trails, and other things.
In many communities, HOAs also handle issues between homeowners, such as when one resident is being too loud. HOAs are also required to maintain common areas. Having rules for the appearance of the neighborhood can help with future curb appeal when the unit is sold.
There are, however, also cons to consider with properties subject to CC&Rs. The owner is required to pay dues, and if they do not, they can lose their property. The HOA rules also govern the appearance and use of the property.
What Are HOAs Allowed and Not Allowed To Do?
HOAs do have authority over the homeowners in the community but they are also required to follow their agreements with the homeowners as well as federal and local laws. For example, HOAs are required to follow the Fair Housing Act, which means they cannot deny an individual housing because of a federally protected characteristic, such as their sex, race, religion, or others.
HOAs are also required to comply with the Americans with Disabilities Act and provide reasonable accommodations in common areas for individuals with disabilities, such as ramps. HOAs are prohibited from requiring excessive fees or fees that were not included in the agreement.
If an HOA attempts to do so, they are violating the Federal Fair Debt Collection Protections Act (FDCPA). This is a federal law restricting debt collectors and how they can collect debts.
HOAs cannot hold unfair elections, deny owners plans that comply with the HOA agreement, or amend the HOA governing documents without due process. In order to make changes, the HOA has to follow the procedures in the CC&Rs.
Can I Sue My Homeowners Association?
Lawsuits against HOAs may be filed when an HOA does not perform its duties and obligations under the governing documents or if it violates state or federal law. If, for example, the HOA does not maintain a common area, an owner may be able to sue the HOA under the breach of contract theory.
In addition, an HOA may be sued if they misuse the fines collected from fees. For example, if those fines are not used to improve or maintain the community and are instead used on the HOA members themselves, they may be used under a breach of fiduciary duty theory.
It is important for an owner to know the CC&Rs that are contained in their agreement. This way, they will be aware if the HOA fails to perform their obligations under that agreement.
Where Do I File a Complaint Against an HOA in Texas?
In the State of Texas, there is not one single agency that handles complaints against HOAs. Depending on the situation, an individual may be able to file a complaint with the Texas Attorney General’s Office if the organization has engaged in unfair debt collection practices or has violated the Texas Residential Property Owner’s Protection Act.
An individual may be able to file a complaint against their HOA with the Texas Workforce Commission if they think the HOA has engaged in discrimination. If the HOA has violated the Texas Residential Property Owner’s Protection Act, an individual may be able to file a lawsuit in court.
To find out more about the options available to take action against an HOA, an individual should consult with a Texas lawyer.
How Much Does It Cost To Sue Your HOA in Texas?
The cost to sue an HOA in Texas will depend on the details of the situation. If an individual files their claim in small claims court, it will typically cost less than filing in a higher court.
If an individual hires a Texas real estate lawyer, they will typically charge between $200 to $500 or more per hour, depending on their location and experience level. A lawyer may also charge a flat fee for a simple service, such as explaining their CC&Rs, reviewing a contract, or writing a letter to their HOA.
What Kind of Lawyer Do I Need To Sue My HOA in Texas?
If you need to take action against your Texas HOA, it is essential to have assistance from a Texas real estate lawyer. The earlier you involve your attorney, the more helpful they can be for your situation with the HOA.
Your lawyer can review your sales contract, explain your HOA requirements, and help you resolve any issues you have with your HOA. You can use LegalMatch to find a Texas real estate lawyer near you who can help in as little as 15 minutes.
