Do I Have the Right to Challenge My HOA in Texas?
LS Carlson Law • September 13th, 2022
Yes. Homeowners Associations (“HOA”) in Texas are subject to the Texas Non-Profit Corporation Act and the Texas Property Code, which governs HOAs in Texas. The governing documents of the association, including the declaration of covenants, conditions, and restrictions (CC&Rs) and any other related documents, such as bylaws or rules and regulations, govern the operation of the HOA and the relationship between the HOA and its homeowners.
Homeowners have the right to challenge the HOA if the HOA is not following its governing documents or the law. However, before filing a lawsuit, homeowners are usually required to participate in dispute resolution through either internal dispute resolution (IDR) or alternative dispute resolution (ADR).
IDR is meant to be an informal, non-binding process where the homeowner and HOA work together to resolve the dispute. If the HOA does not participate in IDR, the homeowner may proceed to ADR.
ADR is typically a more formal process, where a neutral third party mediator is used to help the homeowner and HOA resolve the dispute. If ADR is unsuccessful, the homeowner may proceed with a lawsuit.
It is recommended for homeowners to consult with an attorney to understand their rights and the process for challenging an HOA in Texas.
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