How to Challenge Unenforceable HOA Rules in Texas

If homeowners believe their HOA enforces an unenforceable or illegal rule, they can follow the steps below.

Check State Laws. First, it’s important to review Texas law to see if anything confirms the rule is unenforceable.

Ask for Documentation. The next step is to request documentation. Homeowners should ask their HOA board for written justification for the rule. This should also include references to the specific sections of the governing documents.

Attend Board Meetings. Texas law requires board meetings to be open to all homeowners. At these meetings, homeowners can raise their concerns and explain how an HOA rule violates Texas law.

Seek Dispute Resolution. Homeowners may need to enter alternative dispute resolution, which includes mediation and arbitration.

Consult an Attorney. Challenging unenforceable rules will sometimes require the help of an attorney. If the board refuses to cooperate, taking legal action may be necessary.
 

Make a Change
Unenforceable HOA rules in Texas have no place in a homeowners association. These rules are prohibited by law, and continuing to enforce them will only result in liability for the HOA and its board members.

This article is from -- Preferred Association Management Company offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!