If you are a homeowner and are part of a homeowners’ association, there are certain requirements and restrictions that you need to follow to avoid fines or other consequences. However, property owners also have rights, and the HOA members need to honor those.
Although every HOA has its own specific covenants, there are some basic components that you should understand as an owner.
Rights and responsibilities
The Texas State Law Library discusses that there are a number of important documents that property owners should be aware of when it comes to their HOA. If you are unsure where to start, a good document is the Declaration of Covenants, Conditions and Restrictions. This outlines the rights and responsibilities of both owners and the HOA.
If there is a certain restriction that you object to, it may help to read over chapter 202 of the Texas Property Code, as it lists restrictions that the law prohibits.
Bylaws
The Bylaws is another document that is beneficial to read over. This goes over the management and operations of the HOA. For example, property owners have the right to access the association’s records and meeting notes. To ask for them, you must send a certified letter with the written request, and the HOA must respond to the request within 10 days.
Taking action against the HOA
Although you must follow the guidelines of the association, Realtor.com discusses that you have the right to take action against the board if the members are not following the state laws or are enforcing outrageous restrictions.
If you have a complaint, follow the association’s instructions on how to file it. Often you will need to back up your claim with evidence and present it during a board meeting. You should object to any issues you have, so there are records and get as many owners on your side as possible.