Legal Support For Homeowners Association (HOA) Disputes in Texas

It is not unusual for disputes to flare up between individual homeowners and the standards expected by homeowners association members. Homeowners may violate a rule or regulation, often quite unintentionally, and then find themselves in trouble with the association.

Common kinds of HOA litigation include:

• Decoration or remodeling not included on the list of what is acceptable
• Lawn signs, political signs, protest signs, and the United States flag
• A dispute over homeowners association rules, including payment of fees

These disputes often boil down to what the Covenants, Declarations and Restrictions of the HOA permit. The homeowner may believe that her new construction is permitted, but it may violate the restrictions. Developers, investors and homeowners should utilize an attorney to make sure that they are in compliance with the rules and regulations. Often times, they must submit plans to the Architectural Control Committee before initiating construction or improvements.

Many times, an attorney can resolve disputes without the need to participate in trial or mediation. Yet, when representation at trial is needed, our law firm will represent you vigorously. It is important to work with a lawyer who is experienced in homeowners association matters.

Frequently Asked Questions About Homeowners Association Disputes

HOA disputes can be confusing, and it is normal to have questions. Below are answers to some of the most frequently asked questions regarding these disputes:

What are my rights as a homeowner when facing an HOA dispute in Texas?

These should be defined in the rights and responsibilities portion of your HOA agreement. Typically, for example, you have a right to review documentation and potentially oppose HOA decisions and actions. If there are hearings related to your case, you have a right to attend and should never be prevented from entering. You should always get updated copies of any alterations to your documents within 30 days after the changes or amendments are made.

Can an HOA fine me for a violation?

Yes. Fines are the main tool that HOAs use to enforce rules and regulations. They can fine you if you have violated an aspect of the agreement, such as renting out the home or making cosmetic updates that are not approved. Fines vary based on factors such as the type of violation and a history of previous violations. 

Are there limits to an HOA’s power to enforce its rules?

Yes. Rules need to be reasonable and evenly enforced. Additionally, an HOA cannot create rules that would violate either federal or state laws. For instance, if an HOA is acting in a discriminatory manner, that could be a violation of a homeowner’s rights and is prohibited.

What are the common types of remodeling projects that require approval from an HOA?

Exterior changes and renovations often have to be cleared because HOAs will have specific requirements for color schemes, permitted materials and even stylistic designs. You may also have to get approval from an HOA when making significant changes, such as running new plumbing lines or removing load-bearing walls inside the house.

Can an Homeowners Association place a lien on my property for unpaid fees?

Yes. This will likely not be the first step that an HOA would take, but they often can file a lien over unpaid fees and other costs. It is important to know how to respond if this happens to you.

 

Our Homeowners Association Disputes Law Firm Is Here To Help, Call Today At The Weaver Law Firm, our attorneys have enjoyed positive success in resolving even the most contentious issues. To discuss your problem, and the right strategy for resolving it, call our office at 713-572-4900 or briefly describe the problem for us using this online form.