A Homeowners Association or HOA does not exist outside the law. While some people may think the HOA has unlimited power, it does not.
According to Texas.gov, all HOAs or property owners’ associations must have a management certificate. This certificate goes on file with the county and provides details about the association.
Texas Property Code requires a management certificate. It also dictates what the document must include and the information the HOA must provide to the state.
The management certificate must provide basic identifying details. These include the subdivision and association names. It also must have the recording data for the subdivision and contact information, including names, addresses, telephone numbers, and emails for the person who is the designated representative for the HOA.
The HOA must also provide its web address if it has one, and the website includes the governing documents of the association. The certificate also needs to have the recording date for the declaration and amendments.
The HOA must also disclose all information about fees the association charges to members, including transfer fees. The remainder of the information provided is at the discretion of the HOA.
An association can amend its document at a later date and must do so if there is a change in any of the provided information. The law requires immediate reporting of changes.
The management certificate enables the state to be aware of property owners’ associations. It also forms a record of the governing documents should there be a dispute among members or issues that come up in the future.