Condominium owners often rely on their condo association’s board of directors to make decisions that protect the community and maintain property values. From approving budgets and enforcing community rules to overseeing maintenance projects, condo boards play an essential role in a condominium’s day-to-day operations.
But what happens when you disagree with the board’s decision? You may have been fined for an alleged rule violation or object to a special assessment, but do you have the right to challenge the board’s actions?
The Texas Uniform Condominium Act
Many condominium communities are governed by the Texas Uniform Condominium Act (TUCA), which establishes legal standards for the creation, governance and operation of condo associations. While a condominium’s governing documents establish the rules for a specific community, those documents generally must comply with state law.
When you purchase a condo, you agree to abide by these documents, which typically include:
- The declaration
- The by-laws
- The association’s rules and regulations
These documents also grant the board authority to manage the association’s affairs on behalf of the owners. Since they are responsible for balancing the interests of all owners, not every decision will be popular.
There are some situations where a challenge may be appropriate. Some of the most common reasons for disputes include:
- Inconsistent or unfair rule enforcement
- Architectural requests were denied without clear explanation or appear inconsistent with prior approvals
- Special assessments were approved without following the proper procedures
- Requests to view financial records, meeting minutes, budgets or contracts were delayed or denied
Condo boards play an essential role in maintaining their communities, but they don’t have absolute authority. Their decisions must generally comply with the association’s governing documents and applicable state laws.
If you believe a board has exceeded its authority, failed to follow proper procedures or treated you unfairly, it’s important to understand your rights before taking action. A knowledgeable legal representative can help you evaluate your options and determine the best strategy for resolving the dispute.