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HOA powers in Texas

8,380 Views | 65 Replies | Last: 6 yr ago by dcAg
DriftwoodAg
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AG
Rexter said:

Just do what you have to do to get it fixed or approved. If it gets sideways, the HOA is spending your, and your neighbors, money. You will prolly run out of money before the HOA does.

Our HOA is about to drop the hammer on 20 or so properties for non-payment. That will be as fun as a toothache.

There was a guy in or HOA that wanted to leave his boat in his driveway, which is in violation of the CC&Rs. It ended up being a pecker measuring contest between the HOA and him. He lost to the tune of close to $10K in fines, atty fees, and court costs. He ended up filing bankruptcy.

Bankrupt over 10k? Sounds like he shouldn't have been buying a boat
BoDog
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AG
Oh i am willing to play ball to satisfy them, however, my new solar panels also come with a bright and shiny flag pole. Its going to be awesome and we can thank the Great state of Texas for my legal protection!
AgEngineer72
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AG
Ok, gotta ask, guess I haven't been keeping up. What's the punch line about flag poles and solar panels? What did the State do?
unmade bed
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Did I miss the post from OP where he explained how he was forced to buy property that was subject to an HOA and deed restrictions?
ChoppinDs40
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AG
I believe it's that HOAs can't restrict having flagpoles or solar panels.

Therefore, his plan is to put up both to piss off the HOA about his arbor.

I would still advise against because... AGAIN... judges in the state of Texas are ELECTED. All it takes is the HOA to picket your ass at the hearing and he's worried about "upsetting constituents".

Welcome to politics.
hopeandrealchange
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Lone Stranger said:

You gotta love people that sign real estate contracts in an HOA and then don't want to operate within the contract rules they supposedly said they would abide by. Makes you wonder what other contracts they act like weasels and crooks on. Stories from HOAs around the state people tell where homeowners don't think the rules apply to them are easily one of the bigger things that makes people all over the country think the state is filled with ignorant necks.



Well said.

Stop your whining and play by the rules you agreed to when you bought the home. If you don't enforce deed restrictions you loose them. If you want to live in the hood buy in the hood. Some of us like to be able to control what stupid people do when they move into our neighborhood. Protects property values.
The Fife
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Or, buy somewhere that stupid people are priced out of. Best of both worlds, and you're typically closer to the city center and fun things to do and see anyway.
The Original AG 76
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AG
hopeandrealchange said:

Lone Stranger said:

You gotta love people that sign real estate contracts in an HOA and then don't want to operate within the contract rules they supposedly said they would abide by. Makes you wonder what other contracts they act like weasels and crooks on. Stories from HOAs around the state people tell where homeowners don't think the rules apply to them are easily one of the bigger things that makes people all over the country think the state is filled with ignorant necks.



Well said.

Stop your whining and play by the rules you agreed to when you bought the home. If you don't enforce deed restrictions you loose them. If you want to live in the hood buy in the hood. Some of us like to be able to control what stupid people do when they move into our neighborhood. Protects property values.
I don't think that the real issue is an HOA enforcing the basic rules and covenants it is when the hood nazis or an out of control management company gets heavy handed or overboard on the SUBJECTIVE enforcement of some vague rules.
Examples include Architectural Control Committees and their arbitrary and capricious approvals or rejections of improvements simply based on who is liked or disliked. Management companies sending out threat letters about dead grass during a severe drought whilst under rigid water restrictions. Suddenly rising holy hell over a garage extension when it was built by the damn builder 8 years ago fully in compliance with the existing deed restrictions....on and on... HOA's can be their worst enemy when taken over by busy body old women or aggressive " fines as revenue" management companies.
Yesterday
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AG
The more you try to limit the stupid stuff people can do the more liberties you lose yourself. You just have to find that fine line in which you're comfortable with.

I like HOA's because I like the comfort in knowing my neighbor won't be allowed to paint a big swastika on his roof. Then again it drives me nuts seeing one of the old fart board members creeping along our neighborhood with his magnet sign on his car that says enforcement. Again. Fine line.
BoDog
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AG
Original Ag and 03ki11 is absolutely right. It is a fine line.

I am talking about an arbor approximately 6 inches from my roof line-not a swastika painted on the roof or painting the trim florescent pink.

Give me a freaking break. Its strictly the principle of it. Some of you appear to the same HOA Nazi's that you claim to despise. Also being that it was mentioned... to put into context my neighborhood price point is between mid 800s and 1.1s and yes I am on the lower end of that range.
hopeandrealchange
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Maybe I over reacted. I understood that you added on to your home without the approval of the h o a architecture board. All the while knowing it was a requirement. And when they called you on it your first thought was to give them your middle finger.

And another problem you are facing is that the board and the committee are a tight knit group who have nothing better to do than volunteer their time to serv the community. It is a terrible thing that these positions are not voted on by the neighborhood. I am sure if they where there would be many folks that would be running for each position. I bet you have the same individuals who have been serving for many years uncontested. If you don't like the way things are being done I would suggest you get involved. Sorry for the soap box but this type stuff strikes a nerve.
Bucketrunner
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Sooooo, add a couple of beams to reach the roofline, next to the house?
Forum Troll
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AG
Can my HOA come mow the lawn of the crazy people in my section with knee-high weeds in the lawn, runners onto the street, and a weed in their flower bed the size of a sago palm? Oh and giant NO SOLICITING / NO TRESPASSING signs in the front windows?
Deats99
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AG
Not trying to beat you down, just trying to explain what you are against. I will say my new experiences have been eye-opening. Something as dumb as lack of weed enforcement can be used by a shisty attorney to have a perfected lien removed by a judge. It is a ridiculous, but like so many things the courts have dumbed it down to the lowest common denominator i.e. warning labels on hot coffee.

Now in our neighborhood the Architectural Committee would be given marching orders to figure out how to fix it and keep us out of court.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
maverick2076
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I went through a similar situation in our neighborhood. My wife decided she wanted a patio cover, so I built her one. All cedar construction, with a lean-to style roof topped with Ondura, which is an awesome product that looks like painted corrugated tin, but is actually mad out of cellulose roofing material. I misread the HOA stuff and though we only needed approval for something that was tied to the house, which this is not.

Over a year later, we get a letter from the HOA. No big deal, we submit it for approval as a patio cover, and it gets denied. Apparently patio covers have to be tied into the house roof, and painted to match the house. No big deal. says the lady at the management office. She tells us to resubmit it as a pergola or as a misc. backyard structure, which we do. It comes back as denied again, because it needs to be reshingled to match the house. So my wife calls the HOA office to confirm whether or not the shingles need to be the same brand or just match, and the lady at the office tells her there has been a misunderstanding. She says that all the previous requirements are still in effect, PLUS it needs to be reshingled. Now, because of our roofline, we really can't tie into the roof where the patio is, and I don't want to paint the cedar, since I chose it for its rustic appeal (as well as the Ondura). So I'm getting pissed, and my wife is getting frustrated.

At this point in time I took over the discussion. I asked the lady at the management office to send me a copy of the HOA covenants, and she sends me the deed restrictions. The only deed restriction I can find that we are in violation of is the requirement for the roof to be shingled to match. It does make reference to an Architectural Review Board and a set of Design Guidelines, so I ask for a copy of the design guidelines...and get nothing. When I asked again, firmly but politely, the HOA starts changing their tune about how it doesn't really need to be tied to the roofline, and not really painted to match, but that they would prefer it that way. Again I engaged the lady at the management office, informing her that I had made those specific material and design choices for specific aesthetic and structural reasons, and that I could not find anything in writing showing me where any of those choices were in violation of any HOA policy or deed restriction (except the shingles). After that, I was given an approval of our patio cover, pending reshingling of the roof. I was going to do that his coming weekend, but the weather probably won't be cooperating.



agracer
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AG
BoDog said:

I've tried the communication and dialogue, but nobody on the review committee will return my calls. Now it goes to a close door meeting of he Board (which is made up of several spouses on the review committee).
I was on an HOA board when the laws changed. Other than discussing specific finances of residents (like who has not paid) there are no more closed door meetings with the HOA anymore. In fact, if they are not publishing and making readily available an agenda before every meeting (which you have a right to ask to add items too) they are violating state law.

If they try to tell you they will have a closed door meeting about your arbor then ask them why they are violating state laws. Go to the next meeting and ask to discuss the ARB and uour arbor. If they decline, ask to have it part oc the next board meeting or ask for a special meeting to discuss the issue.

Also, log all communication and non-response by any and all parties and have it with you when you go to the next meeting. It will (by law) become part of the meetjng munutes (which are also supposed to be published).
BigPuma
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AG
they can restrict that the solar panels be on the back of the house.
Timber08
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This seems like a tough subject. We are about to move into a neighborhood with an HOA and I'm a bit nervous.

I read the rules before going under contract and can follow them without any issue but I'm nervous the neighborhood will be filled with people that don't care about the rules I do care about. Then I'm the ******* working to follow directions but the one or two things I actually want to see enforced fall to the wayside because "guest parking is for guests" and "dogs should be leashed outside the yard" are the equivalent of the arbor should match the roof line to everyone else.

I guess to this thread, if its really a rule and you want anything else enforced - don't you kind of have to follow all the rules? If one person can declare a rule unreasonable, you have to extend that courtesy to all people on all rules.

If I was going to put any energy into this, it seems like it would be most constructive to get elected and change rule instead of fighting it. Sounds like you'd have your neighborhood's support.
OnlyForNow
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If the HOA doesn't enforce all regs the same then none are valid.
The Original AG 76
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OnlyForNow said:

If the HOA doesn't enforce all regs the same then none are valid.
not really. If they enforce most of the regs and , lets say, have allowed a gaggle of folks to have a " prohibited" flagpole for years and years with no record of any attempt to enforce the prohibition then , effectively, they have abrogated and negated the flagpole prohibition. All others , as long as they have been reasonably enforced, are still in effect.
Of course the HOA can hire a new management company , let loose a new HOA-nazi and attempt to enforce the flagpole thing. It will then be up to the neighbors to fight them , lawyer up and prove that the restriction is null and void due to neglect. Not many folks are willing do this so , usually, the HOA's win again.
oldag00
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agracer said:

BoDog said:

I've tried the communication and dialogue, but nobody on the review committee will return my calls. Now it goes to a close door meeting of he Board (which is made up of several spouses on the review committee).
I was on an HOA board when the laws changed. Other than discussing specific finances of residents (like who has not paid) there are no more closed door meetings with the HOA anymore. In fact, if they are not publishing and making readily available an agenda before every meeting (which you have a right to ask to add items too) they are violating state law.

If they try to tell you they will have a closed door meeting about your arbor then ask them why they are violating state laws. Go to the next meeting and ask to discuss the ARB and uour arbor. If they decline, ask to have it part oc the next board meeting or ask for a special meeting to discuss the issue.

Also, log all communication and non-response by any and all parties and have it with you when you go to the next meeting. It will (by law) become part of the meetjng munutes (which are also supposed to be published).
I'm a reluctant HOA board member, but this is my understanding as well. There are very limited reasons the HOA can have a closed door meeting, and I don't think regular business of the architectural committee qualifies.
Sean Mercer
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BoDog said:

Original Ag and 03ki11 is absolutely right. It is a fine line.

I am talking about an arbor approximately 6 inches from my roof line-not a swastika painted on the roof or painting the trim florescent pink.

Give me a freaking break. Its strictly the principle of it. Some of you appear to the same HOA Nazi's that you claim to despise. Also being that it was mentioned... to put into context my neighborhood price point is between mid 800s and 1.1s and yes I am on the lower end of that range.
BoDog, go back and read this entire thread. You asked for advice and was given several options and some very good advice. It has been your a*hole, bada$$ attitude that has turned the thread around.
BoDog
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Sean, yes i did ask for (and receive) advice. Not sure what you are referring to exactly. It is a subject many people get passionate about-both for and against. Hell, even someone's dad on this board got tossed in jail for a few days. I did not intend to come across like that, but perhaps reading comprehension isn't your strength.
The Collective
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AG
OP, you tell the HOA board members to eat a BFD yet?
BoDog
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No specifically. Just told one board member that I am pricing solar panels, but perhaps I could be "persuaded" to not go that route.

Have not heard any formal or informal response yet.
Timber08
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I guess this just highlights how subjective it all is but are solar panels commonly regarded as unsightly? Is it really any worse than a series of small asphalt squares?

I'd rather have a neighbor with solar panels installed compared to a a poorly designed/constructed arbor. Although neither would really catch my attention.

If they're like me they might not even put it together that you are threatening anything. "Cool, so is that arbor coming down or what?"
agcivengineer
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AG
As a board member of an HOA and a person who wants a rational, fair, and consistent process, i can offer the following:
1. Talk to the board members. The worst are the people who try to ignore the situation. They make the decisions and oversee the management company.

2. Threatening to install something that meets the covenants ( pole and solar panels) would have zero effect on me.

3. For me, we are doing our best to enforce the covenants fair and consistent, get rid of the bad covenants, but be willing to go "all the way" to enforce the covenants we have. Otherwise we have no credibility.

4. I volunteer because i think i can be a good listener, use our money responsibly, and help people, and maintain property values.

5. If you came to me about your arbor, i would personally visit your home to inspect it, review the covenants, and decide how big of a deal it is. I want our residents to make home improvements, so as long as its not offensive to the neighbor, id probably agree to let it go.
OldArmy91
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AG
Good luck with that, OP. Not only will you lose, you'll pay through the nose. You signed on to a contract when you bought the property.

Property Code, Texas Statutes:

Sec.202.004.ENFORCEMENT OF RESTRICTIVE COVENANTS.

(a) An exercise of discretionary authority by a property owners' association or other representative designated by an owner of real property concerning a restrictive covenant is presumed reasonable unless the court determines by a preponderance of the evidence that the exercise of discretionary authority was arbitrary, capricious, or discriminatory.

(b)A property owners ' association or other representative designated by an owner of real property may initiate, defend, or intervene in litigation or an administrative proceeding affecting the enforcement of a restrictive covenant or the protection, preservation, or operation of the property covered by the dedicatory instrument.

(c)A court may assess civil damages for the violation of a restrictive covenant in an amount not to exceed $200 for each day of the violation.

Added by Acts 1987, 70th Leg., ch. 712, Sec. 1, eff. June 18, 1987.
92Ag95
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AG
BoDog said:

Honestly there are a few in the neighborhood already so I really didn't even think to formally submit it. Once I did submit (as a formality) they denied it. Now its a staring contest.
They got their panties in a wad because you didn't get prior approval. I guarantee there is no other reason for the denial. The whole "roof line" excuse is bs.
Deats99
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AG
92Ag95 said:

BoDog said:

Honestly there are a few in the neighborhood already so I really didn't even think to formally submit it. Once I did submit (as a formality) they denied it. Now its a staring contest.
They got their panties in a wad because you didn't get prior approval. I guarantee there is no other reason for the denial. The whole "roof line" excuse is bs.
As petty as that is, it is immaterial. There is a procedure that was not followed. Now one would hope that there is actually an issue, therefore it can be corrected or have a variance applied and they all can move forward.
A good plan violently executed now is better than a perfect plan executed next week.
-George S Patton
Satellite of Love
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Timber08 said:

This seems like a tough subject. We are about to move into a neighborhood with an HOA and I'm a bit nervous.

I read the rules before going under contract and can follow them without any issue but I'm nervous the neighborhood will be filled with people that don't care about the rules I do care about. Then I'm the ******* working to follow directions but the one or two things I actually want to see enforced fall to the wayside because "guest parking is for guests" and "dogs should be leashed outside the yard" are the equivalent of the arbor should match the roof line to everyone else.

I guess to this thread, if its really a rule and you want anything else enforced - don't you kind of have to follow all the rules? If one person can declare a rule unreasonable, you have to extend that courtesy to all people on all rules.

If I was going to put any energy into this, it seems like it would be most constructive to get elected and change rule instead of fighting it. Sounds like you'd have your neighborhood's support.
Same here. One of our new HOA rules stipulates that if we install a basketball goal, it has to be painted the same color scheme as the house and have no logos. I guess my kids won't be getting an official NBA regulation hoop!
dcAg
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Pictures of arbor?
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