Gregg & Gregg, P.C.FindLaw IM Template2026-07-27T11:53:49Zhttps://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 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.
]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[How much can Texas HOAs restrict political signage?]]>https://www.gregg-gregg.com/?p=471222026-05-02T22:06:38Z2026-05-02T22:06:38ZPolitics has always been a potentially volatile topic. It’s become even more so in recent years.
With midterm elections coming up in Texas and across the country this November and primaries just around the corner, it seems like a good time to discuss what homeowners’ associations (HOAs) can do to turn down the temperature and help prevent conflict among neighbors.
What does Texas law say?
Many HOAs in other states prohibit any kind of political signs, banners and flyers on their properties. Texas law, however, places significant limitations on such prohibitions.Under the law, no property owners’ association of any kind can prohibit homeowners from posting political signage during an election “season” – specifically not more than 90 days prior to an election or within 10 days following it.
What limitations can HOAs have?
That doesn’t mean HOAs can’t place any restrictions on the display and, in some cases, the content of these signs on a homeowner’s property. For example, they can implement and enforce rules regarding:
The number of signs a homeowner can display
The maximum size of the signs
How the signs are displayed (For example, they can require them to be “ground-mounted” so they don’t fly all over the property or hang from balconies.)
The materials used (for example, anything with lights, balloons or music)
The use of obscene or otherwise offensive language
These signs are only allowed on a homeowner’s private property – not in common areas like shared yards, driveways, pools and hallways of a condo complex.
Proper codification and enforcement are key
Codifying these restrictions in the HOA’s governing documents is key to being able to enforce them, remove the signage if necessary and issue fines or other penalties.It’s also crucial that HOAs enforce their restrictions consistently. Allowing prohibited signage for some candidates, parties or causes while restricting those for others (assuming they aren’t violating HOA rules or the law) is only going to create discontent and likely lead to complaints and further violations.All responsible Texas HOA officers and board members want to provide a peaceful, aesthetically pleasing environment for their homeowners and visitors and keep their property values up. However, property owners also have First Amendment rights under federal and state law. Balancing these things can be challenging. Having experienced legal guidance can help.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[Can an HOA prohibit rentals?]]>https://www.gregg-gregg.com/?p=471212026-04-15T14:04:02Z2026-04-15T14:04:02ZAn HOA often has the power to limit or prohibit renting or subletting a property. This should be spelled out in the CC&Rs that a buyer signs when they initially join the HOA. These documents can regulate the use of the property, which may include stating that the homeowner is not allowed to rent that property to someone else.This is not automatically done in every case, however. Every HOA is going to have its own rules and regulations. This can sometimes lead to disputes, where a homeowner believes they have the right to use the property as they want, including renting it to a third party, while the HOA leadership says that this is not an authorized use.
Short-term rentals and Airbnbs
In some cases, the HOA will move to prohibit a certain type of rental, such as a short-term rental. It may state that the property can be rented as long as the terms of the lease state that the rental period is greater than 30 days, for example.Often, this is done to combat people using their homes as Airbnbs. The HOA may be fine with having a long-term renter in the space, as long as they adhere to all of the rules and regulations regarding upkeep of the property, maintenance, aesthetic restrictions, pet allowances, parking rules and things of this nature. But they may not necessarily want to have an endless string of renters coming in for just a day or two at a time, which is common with Airbnbs.This is why it is so important for all sides to review the documentation carefully. There can be a significant number of rules regarding how a property can be used, and miscommunication over how these rules apply can sometimes lead to disputes.When these disputes do arise, the parties involved may need to know about the legal steps they can take to reach an appropriate resolution.]]>On Behalf of Gregg & Gregg, P.C.<![CDATA[What’s involved in an HOA foreclosure on a home?]]>https://www.gregg-gregg.com/?p=471192026-03-30T11:19:58Z2026-03-30T11:19:58ZNo homeowners’ association (HOA) wants to seek foreclosure on someone’s home to recover dues, assessments and other debts. This is a last resort. It can be costly, time-consuming and upsetting to other homeowners.
An HOA can take multiple steps before foreclosure to attempt to collect on unpaid balances, including:
Late charges and interest
Suspension of access to community amenities
Turning the account over to a collection agency
Filing a lien against the property
The association’s covenants, conditions, and restrictions (CC&Rs) should outline the steps that can be taken to recover overdue payments along with interest and fees.If none of these work and foreclosure is the only step left, it’s important to choose the appropriate type. Again, acting within the rights granted to the HOA by the CC&Rs is critical.Texas law allows two potential types of foreclosure processes for HOAs. Let’s take a brief look at those.
Judicial foreclosure
A judicial foreclosure begins with the HOA filing a lawsuit against the homeowner. If the court sides with the HOA, the property is then sold in a public auction, overseen by the court. The proceeds of the sale go to the HOA to cover the amount it is owed. The rest go to the homeowner’s other creditors. Any remainder goes to the homeowner.
Nonjudicial Foreclosure
Not all HOA governing documents allow nonjudicial (expedited) foreclosure. If they do allow “power of sale” to the HOA, it can sell the property itself at public auction. While a court order isn’t necessary, the court still must give permission unless the homeowner is agreeable to proceeding without it.If a homeowner whose property has been foreclosed is able to repay the full amount they owe the HOA within 180 days of the foreclosure, they have the option to do so and get their home back. This is called “right of redemption” under Texas law.
Homeowners and HOAs are both under increased economic stress
During times of rising prices and other economic stressors, HOAs have to deal with an increasing number of homeowners who can’t keep up with their dues. This is especially true when HOAs have to raise dues to keep up with their costs and have special assessments to cover things like large repairs after storms and needed upgrades to common areas. It’s crucial to have detailed CC&Rs that can be invoked as needed and to take the appropriate legal steps to seek payment of late and unpaid homeowner bills. Having an experienced legal team is critical for any well-run HOA.]]>