Understanding the Law as it pertains to HOA’s

In recent years, several questions have come up regarding what is and is not legal for a Home Owners Association to require or prohibit from its Members. There are 2 main sections of the Texas Constitution that govern HOA’s.

The first is under the Business Organizations Code, Chapter 22 Non Profit Corporations. This section spells out how non-profits, such as HOA’s, are formed and the rules they are required by law to follow.

The second is the Property Code with 2 specific sections.The first is Chapter 201 Restrictive Covenants Applicable to Certain Subdivisions. This sections goes into details on the application of Restrictive Covenants on Members and the impact of the law. The second is Chapter 209 known as the Texas Residential Property Owners Act. Passed in 2015, this code was added to prohibit actions of HOA’s and Boards against Members.

While other sections of the law can bleed over and impact HOA’s, these are the 2 governing sections our HOA must follow under the law.

To review the law for yourself, this link will take into the online directory of the State Constitution : http://www.constitution.legis.state.tx.us/ .