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FAQ about Homeowners Association control on your property

On Behalf of | Jul 15, 2023 | HOA Law |

According to the Community Associations Institute, there were over 21,000 Homeowners Associations across the state of Texas in 2022 with control of more than 2 million homes. When you purchase a property within an HOA, you accept certain responsibilities and rules established by the HOA. The extent of the HOA’s control over your property can vary significantly based on the specific covenants, conditions and restrictions outlined in your agreement.

Unfortunately, many HOA rules are confusing to homeowners, which leaves them with many questions about the control an HOA has on their property.

What can an HOA control?

In Texas, an HOA can enforce rules covering a wide range of topics, from the color you can paint your house to the type of landscaping you can install. These rules aim to maintain a uniform and aesthetically pleasing environment within the community. However, these rules cannot infringe upon your basic rights or violate federal or state law.

Can an HOA control my home renovations?

If you plan to renovate your home, you typically need approval from your HOA before you start. This applies to significant changes, such as adding an addition to your home, changing the exterior color or even installing a new type of fencing. Always consult your HOA rules and get the necessary permissions before starting any renovation work.

What happens if I violate HOA rules?

If you violate your HOA rules, the association can impose penalties. These penalties can range from fines to liens on your property and even forced compliance, where the HOA completes the necessary changes and bills you for them. Before you make any changes to your property, ensure they align with your HOA rules to avoid any penalties.

Can an HOA control my pets?

Many HOAs in Texas have rules about pets. These rules can cover the type and size of pets allowed, the number of pets you can have and where pets can be within the community. If you have pets or plan to get one, review your HOA rules carefully to ensure compliance.

If you feel that your HOA is overstepping its bounds or enforcing rules unfairly, you can challenge the rules in court. Remember, an HOA is there to maintain community standards and enhance property values, and as a member, you have a say in how it operates. Always strive for open communication and understanding with your HOA to maintain a harmonious living environment.