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Can I sue my HOA?

On Behalf of | Feb 27, 2022 | HOA Law |

An HOA or homeowners’ association is a property owners’ association in Texas. Knowing this terminology will help as you navigate the laws that apply to this type of organization, especially if you wish to bring a lawsuit against one.

The Texas State Law Library explains most HOAs in the state are nonprofit corporations. Because of this, the law treats them like any other nonprofit. You can sue an HOA, but there are other options you may consider first.

Check the bylaws

Your first step when you have an issue with your property owners’ association is to read the bylaws. They will usually include steps you must take to resolve any issues. Often one common option is to file a complaint, which allows you to speak to the board about your concerns and seek solutions.

Beyond the bylaws

If the bylaws do not offer you a solution or you have no luck in front of the board, you may be able to sue the HOA in court. Texas law allows you to do so if the organization violates the Residential Property Owners Protection Act. If your issue does not fall under this act, then you usually need to find a solution in the bylaws.

It is most beneficial for you and the property owners’ association to resolve things within the organization if possible. You will save time and money if you can handle any problems or concerns through the board. However, if the problem is a violation of the law, then you may have no choice but to take the matter to court and file a lawsuit against the organization.