Gregg & Gregg, P.C.FindLaw IM Template2026-09-10T18:43:54Zhttps://www.gregg-gregg.com/feed/atom/WordPress/wp-content/uploads/sites/1201712/2021/09/cropped-favicon-32x32.pngOn Behalf of Gregg & Gregg, P.C.<![CDATA[What’s a 209 letter? When does a Texas HOA need one?]]>https://www.gregg-gregg.com/?p=471362026-09-10T18:43:54Z2026-09-10T18:43:54ZHomeowners associations (HOAs) have to enforce the rules in order to be effective – but the association can’t always move directly to fines, collections and other kinds of legal actions when an owner violates a community restriction or doesn’t keep up with the assessments.
In Texas, HOAs usually need to start with what is commonly called a “209 letter.” Drawing its name from Chapter 209 of the Texas Property Code, a 209 letter is a notice to the errant owner that they’re in violation of a rule or could be referred to collections over an unpaid bill.
Owners have to be given a chance to correct the issue
Suppose a homeowner builds a shed that violates the association’s restrictions. The board sends a courtesy notice, but the shed remains. Before fining the owner or taking certain other enforcement actions, the association generally must send a written notice that satisfies Section 209.006.The letter should explain the violation and state any amount the owner owes. If the problem can be corrected and doesn’t threaten public health or safety, the owner must receive a reasonable amount of time to correct it. (What is “reasonable,” of course, varies according to the situation.) A 209 letter may also need to tell the owner:
The deadline to correct the issue cited in the letter
How much is currently owed, if the issue is a debt
That a hearing by the board may be requested and when
The association must send the notice by verified mail to the owner’s last known address in its records, and active-duty servicemembers must also be notified that they could have additional rights under federal law.A different version of the 209 letter may be used when an owner hasn’t paid assessments or other amounts owed to the association. Before referring the account to collections, the HOA must send a certified letter listing each delinquent charge, the total needed to bring the account current and whether a payment plan is possible. In those situations, the owner gets at least 45 days to resolve the delinquency before anything else is done.A vague letter, an incorrect deadline or even a notice sent using the wrong delivery method could delay the HOA’s enforcement rights and create a dispute over fines or collection costs. Legal guidance can help.
]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[3 changes to make to HOA bylaws]]>https://www.gregg-gregg.com/?p=471342026-08-25T15:24:31Z2026-08-25T15:24:31ZHomeowners associations (HOA) use bylaws to make decisions, manage finances and interact with homeowners. Over time, these bylaws can become outdated. Changes in technology, growing communities and state and local law changes often require updates to HOA bylaws.
When reviewing HOA bylaws, it can help to consider a few possible changes. Here is what you should know:
1. Board member terms and responsibilities
How board members are elected, how long they serve and their responsibilities are crucial aspects of HOA bylaws. Current bylaws may be confusing and vague about how a new member may be elected or when a current member completes their term. When updating this HOA bylaw, it is often important to consider the specific length of a term, election procedures and eligibility requirements. The bylaws can also specify the responsibilities of the president, treasurer, secretary and other roles. Changes to these bylaws can also help homeowners understand how the association is governed.
2. Online meetings and voting
The digital age offers many resources for HOAs. HOA bylaws may be updated to address online meetings and electronic voting. Virtual or hybrid meetings can allow members to be more present and involved in critical events. However, including virtual meetings and voting should also consider state laws that require homeowner participation and recordkeeping.
3. Enforcement and fines
Old HOA bylaws may not be clear about when and why a homeowner may receive a penalty. New bylaws can establish clear procedures for notifying homeowners of violations and options to respond to the notice during a hearing. Clearly defined language can help homeowners address violations and help ensure an HOA is following local laws.Professional legal guidance can be beneficial when updating HOA bylaws.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Can an HOA restrict home renovations?]]>https://www.gregg-gregg.com/?p=471322026-08-18T19:55:52Z2026-08-18T19:55:52ZHome renovations can significantly change the appearance and character of a community. For Texas homeowners’ associations (HOAs), maintaining consistent standards while allowing reasonable improvements can be an important part of protecting the community and the interests of its members.
That is why many HOA communities have rules governing renovations and architectural changes. When a homeowner wants to make an improvement, the association may need to determine whether the proposed work complies with the community’s governing documents and applicable Texas law.
What renovations can an HOA restrict?
An HOA may have architectural guidelines, restrictive covenants or other dedicatory instruments that regulate improvements to homes within the community. These rules can address matters such as exterior appearance, building materials, additions, landscaping, fences and other changes visible from outside the property. Texas law recognizes these governing documents as part of the framework for regulating planned residential communities. As such, HOAs generally have some authority to restrict certain renovations when that authority is provided by the community’s governing documents.
How to handle a renovation request
When reviewing a homeowner’s renovation request, an HOA should start with the governing documents. The board or architectural review committee should determine whether the proposed improvement complies with the relevant restrictions and whether the association is following the procedures established for reviewing these requests.A denial should be grounded in the governing documents or other applicable requirements. Following a fair and consistent process when reviewing renovation requests can help protect the association’s interests while ensuring that decisions are made in accordance with the community’s governing documents and Texas law.If questions or disputes arise over a renovation request, professional legal guidance can help the board or architectural review committee determine the scope of its authority, interpret the governing documents and respond appropriately.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[What an incoming HOA board should review first]]>https://www.gregg-gregg.com/?p=471312026-07-27T11:53:49Z2026-07-27T11:53:49ZStepping into a seat on your homeowners association (HOA) board can feel like inheriting a house with the lights already on. Things are running, but you did not set them up, and you are now responsible for keeping them working. Choices the previous board made still shape daily life in your community, from budgets to unresolved disputes. Before you cast your first vote, a careful review of a few key areas helps you lead with confidence and avoid problems you never saw coming.
Governing documents and prior decisions that define board authority
Your authority as a board member does not come from your own judgment alone. It flows from your community's dedicatory instruments, including the declaration, bylaws and recorded restrictions. Reading these closely tells you what the board can enforce, how meetings must run and what limits apply to your decisions.Past minutes and resolutions also reveal promises the prior board made, so you do not reverse a commitment by accident. When the language is unclear, experienced counsel for association boards can help you interpret your obligations before you act.
Financial records, reserve funding and contracts that affect operations
Money problems are the fastest way for a new board to lose the community's trust. Ask for recent budgets, bank statements, the reserve study and any outstanding invoices. The reserve fund matters most, since it funds large repairs like roofs, roads or pool equipment; an underfunded reserve can force a special assessment later. Review active contracts too, like those with a management company, landscapers or insurers, and note when each renews. State law also requires the association to keep financial records available to owners.
Pending violations, collections and legal matters that require follow-through
Some of the most sensitive items you inherit are already in motion. Look for open rule violations, unpaid assessments in collections and any active or threatened lawsuits. Enforcement cannot simply pick up where it left off, because Texas rules for associations generally require the board to send written notice and, in many cases, offer a hearing before acting against an owner. Ask where each matter stands, what deadlines apply and whether any payment plan is in place. Missing a step here can expose the association to a legal challenge.
A documented transition plan that supports consistent leadership
None of this review helps the next board if the knowledge lives only in your head. Write down where documents are kept, who manages each vendor, which disputes remain open and what the board has already decided. A simple transition file keeps your community steady when members rotate on and off. By studying what came before and recording what you find, you protect both your neighbors' investment and your own footing as a leader.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Protecting the long-term health of your association in Texas]]>https://www.gregg-gregg.com/?p=471302026-07-13T13:00:07Z2026-07-21T12:58:37ZThe importance of the reserve study
A reserve study is a budgeting tool that helps associations track reserve funds and plan for major future repairs and replacements (roofs, elevators and paving). It also helps board members protect property values and prevent funding shortfalls. While your association does not need a reserve study every year in Texas, doing one regularly is important for good governance and managing risk.
The fiduciary connection
Under the Texas Property Code, board members owe a fiduciary duty to the association and must act in good faith by making informed decisions. A reserve study provides clear, data-based support for raising assessments. It shows the increase is tied to real future repair and replacement costs. Moreover, it helps your association prove it acted responsibly in the community’s best interests.
What happens if there are no reserves?
If an association has little or no reserves, unit owners may get unexpected bills for big repairs or replacements. This can lead to conflict and mistrust. Low reserves can also delay needed maintenance and reduce property values. In addition to making units harder to sell, lacking reserves also create loan and financing problems.
Putting off maintenance raises safety risks. It can lead to unsafe facilities that are accident-prone, which can lead to the association facing lawsuits.
When early action matters
Conducting a reserve study is an essential investment in your association’s longevity. By planning ahead, your board members can reduce financial crises while strengthening trust with community members.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Can you challenge a condo board decision?]]>https://www.gregg-gregg.com/?p=471282026-07-09T19:50:44Z2026-07-09T19:50:44ZThe 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.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Is a condo association liable for property damage costs?]]>https://www.gregg-gregg.com/?p=471272026-06-23T00:11:51Z2026-06-23T00:11:51ZAn association maintains buildings and shared spaces
As a general rule, condo owners are responsible for everything from the walls in, while the condo association typically handles maintenance of the structure and its major systems. The exact division of responsibilities depends on what infrastructure individual units share and what is separate. In some cases, certain types of damages within a unit could potentially be the responsibility of the condominium association or an adjacent unit owner.
If someone left their sink running while on vacation, leading to a flood and water damage in a downstairs unit, the property owner who caused the water damage might be liable. In cases where improper facility maintenance led to water damage, such as pipes that leak due to age, then the condo association might ultimately be liable.
When individual unit owners insist that their condo association should absorb repair and maintenance expenses, an investigation into the underlying cause of those issues might be necessary. Working with an attorney to evaluate liability can help condominium associations validate when owner claims are reasonable and when unit owners are personally responsible for absorbing repair expenses.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Reviewing condo and co-op governing documents before you buy]]>https://www.gregg-gregg.com/?p=471262026-06-15T22:40:48Z2026-06-15T22:40:48ZMaking an informed purchase
Condo and co-op communities are governed in part by the Texas Uniform Condominium Act (TUCA) and their own legal documents, which establish the rights and responsibilities of owners, shareholders, boards and residents. While a property may appear attractive during a showing, the governing documents can reveal limitations and obligations that can affect your lifestyle and finances.
Although specific documents vary between properties, buyers should review the following:
The declaration which establishes the legal framework of the community.
Bylaws that explain how the community is governed, Board elections, voting procedures, meeting requirements and Board authority
Rules and regulations regarding pets, exterior modifications, parking and other items
Financial statements and budgets so that you can see the condo association’s financial health
Board meeting minutes that provide valuable insight into ongoing issues within the community
It’s also essential to understand assessment obligations. In addition to the routine monthly assessments, buyers should consider the possibility of future increases. Special assessments are often imposed when there isn’t enough in reserve funds to cover major expenses, such as roof replacement, structural repairs or other significant projects.
Your finances can also take a major hit from maintenance and repairs. The governing documents should clearly define responsibility for:
Plumbing systems
HVAC equipment
Windows and doors
Balconies and patios
Understanding these responsibilities upfront can prevent misunderstandings later.
Condo and co-op governing documents can be lengthy, complex and full of legalese. Buyers may benefit from speaking with someone who can identify legal issues, explain restrictions and evaluate potential risks before making a significant investment.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Common limits of an HOA foreclosure power in Texas]]>https://www.gregg-gregg.com/?p=471252026-06-02T22:10:48Z2026-06-02T22:10:48ZHowever, an HOA does not have unlimited authority because Texas law imposes important restrictions and procedural safeguards that associations must follow before taking action against a homeowner's property.
An HOA must have legal authority to foreclose
Texas law does not automatically grant foreclosure rights to every homeowners' association. The association's governing documents must specifically authorize assessment liens and explain what obligations can be secured by those liens.
Notice requirements protect homeowners
Before recording an assessment lien, an HOA must provide required notices to the property owner. Texas law establishes a series of notification steps that allow homeowners to address the debt before further action occurs.These notice requirements are designed to prevent unexpected foreclosures and ensure property owners receive adequate warning about potential consequences.
Court involvement is often required
Even when an association has foreclosure authority, additional legal requirements may apply. In many situations, an HOA cannot simply schedule a foreclosure sale without obtaining appropriate court approval.
Nonjudicial foreclosure still has limits
Some associations possess a power of sale that allows nonjudicial foreclosure procedures. Despite this authority, the process remains subject to specific legal rules and homeowner protections.Property owners typically must be given notice of the proceedings and they may request a hearing to challenge the application before a foreclosure order is issued.
Homeowners have important legal protections
Texas strengthened homeowner protections following highly publicized foreclosure disputes. Current laws require associations to follow detailed procedures intended to promote fairness and transparency.Seeking reliable legal guidance can also help HOAs evaluate how best to proceed in accordance with the law.
]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Can an HOA mandate that homeowners must park in the garage?]]>https://www.gregg-gregg.com/?p=471232026-05-18T19:37:42Z2026-05-18T19:37:42ZIn many cases, a homeowners association can instruct homeowners to park in their garage, rather than on the street. A key detail is often whether it is a private or public street. But Texas law does allow for parking restrictions, so HOAs are allowed to set regulations for where vehicles should be located.This can sometimes lead to disputes with homeowners. If someone has used their garage to store items other than their vehicles, they may consistently park on the street or in the driveway. But this could be in direct violation of the regulations set down by the HOA, which could lead to enforcement action, such as imposing fines on that homeowner.
Is there anything an HOA cannot regulate?
Yes. Though there are exceptions, there are a few general areas that HOAs cannot address or prohibit under Texas law. This includes:
Grass issues during water restrictions
The possession of firearms
Setting up lemonade stands
There are other areas in which an HOA cannot prohibit specific actions, but may be able to establish certain regulations. These include the use of political signs, display of the American flag, the use of rain barrels or composting systems, solar energy devices and much more.It is important to understand the intricacies of the law, but for something as simple as where vehicles can be parked, HOAs often do have the ability to set up restrictions that homeowners should be aware of when they move into the community.
Resolving a dispute
In some cases, homeowners will get into disputes with the HOA over parking regulations, fines and related issues. At this time, it is important for those involved with the organization to know exactly what legal steps they will need to take.
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