Know your responsibilities, rights as a member of a homeowners association

Dalia Faheid
·2 min read

With 5,965,000 Texans belonging to homeowners associations, it is good know what rights property owners have.

More than 21,000 homeowners’ associations exist in Texas managing 2,093,000 homes, with residents paying $9.5 billion a year to maintain their communities, according to the Community Associations Institute.

Property owners cannot opt out of homeowners associations. Membership and regular fees are mandatory for the maintenance of common areas like swimming pools, parks and green spaces. The HOA can issue a “Notice of Delinquent Assessment” and can impose late fines. If not paid, the association can place liens on property and pursue foreclosure through court action.

Texas HOAs had the power to foreclose on properties without the involvement of a court until 2011. There’s also a contractual obligation to comply with various land use and construction restrictions. HOAs have the power to fine residents for failure to comply.

Some common responsibilities property owners may have under an HOA, per the Jakob Law Firm, include:

  • Yard maintenance and home upkeep

  • Landscaping guidelines

  • Restrictions on excessive noise

  • Parking regulations for residents and guests

  • Installation of sheds, playhouses, basketball hoops and other outbuildings and structures

  • Vehicle storage, including boats and RVs

  • Acceptable exterior paint colors

  • Installations of decks, patios and swimming pools

  • Mailbox design and decor

  • Fence height and material restrictions and allowable paint colors

While HOAs do have substantial powers, homeowners have a voice, too. These rights, according to Briggs Freeman Sotheby’s International Realty, include:

  • Right of HOA members to attend HOA board meetings. This is enshrined in the Texas Property Code, chapters 82 and 209. There is, however, no automatic right to speak at these meetings. HOAs are required to hold open meetings and keep public records.

  • Right to decorate your home with religious displays or flags up to a certain dimension.

  • Right to appeal fines.

  • Right to written notice prior to enforcement of any fines, liens or foreclosure.

  • Right to freedom from discrimination according to race, religion or political affiliation.

  • Right to install solar panels.

  • Right to vote on certain association matters, including election of board members and adoption or amendment of covenants.