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Your HOA and your rights

On Behalf of | Aug 30, 2021 | HOA Law |

Having an HOA in your Texas community can provide you with many enjoyable amenities. Depending on where you live, these benefits could include a clubhouse, a gym, a pool, public parks and manicured walking trails.

However, dealing with an HOA can sometimes cause frustration and leave you questioning your sanity. Knowing your rights can help you recognize situations where your HOA is not treating you fairly.

No discrimination

Discriminatory practices are both unfair and illegal. According to Realtor, the Fair Housing Act protects you against discrimination based on aspects such as religion, gender, sexual orientation, race, color, familial status or disability. If your HOA issues unfair consequences or sets unrealistic rules and you suspect discrimination, you have the right to voice your concerns.

If discriminatory behavior continues, you may feel humiliated or even threatened. Regardless of your background, you deserve equal treatment. If you experience discrimination, you may consider taking legal action.

Fair contracts

You also have the right to receive informative and consistent communication regarding your obligations as a homeowner in the community. From the time you move in, you should receive a contract that highlights your duties as a homeowner. This document should also explain the amenities you can expect to receive from your HOA. You should have information about how the HOA handles violations, as well as how they plan to handle community needs and concerns.

If you receive a fine, double-check that your copy of the CC&R’s corroborates the HOA’s request. If you do not see anything related to the reason your HOA issued a fine, you may not have any reason to pay. Unfounded or excessive fines may violate your rights. Reading and understanding your contract can help you hold your HOA accountable.