Simple steps to fight your HOA and WIN with Texas law (2024)

#1 Know Your HOA Rights In TX

Love Investors and the National Homeowners Advocate Group have partnered to serve as resources when “fighting your HOA” due to unethical HOA Board members and property management. We would also like to stress that your situation is not necessarily about the “fight”, but more so being EMPOWERED by knowing your HOA rights in Texas. This page will deliver useful info and resources in a manner that is clear and factual. For the more opinionated, nitty-gritty, and valuable first-hand experience of Love Investors founder, Christy D. Starling, please go here. Love Investors, the National Homeowners Advocate Group, nor its representatives, are attorneys.Please always seek professional advice. Then get a 2nd and 3rd opinion. 🙂

Catch up with how it all started,Chapter 1, Chapter 2, Chapter 3, Chapter 4,The Ultimate HOA Guide.

If you find this site helpful, please share it with others as a stepping stone to take action against bully HOA Boards and questionable property management practices. We highly encourage you to share your experiences, report abuses, become an HOA rights advocate and get involved where you can.“But their strength is the strength of numbers and of stubbornness and persistence; DO NOT underestimate it.”Author Robin McKinley

Major Take-Away From:Oak Creek Owners Association, IncvsChristy D. Starling;
Presided by Arlington TX JP Judge Mary Tom Curnutt

HOA Members have the right to receive VIDEO records with reasonable requests to their Association or Managing Agent. (Stand up for your rights. Keep reading to see real examples of unlawful and underhanded tactics used by Oak Creek HOA Board Members and Veracity Inc property management.)

Major argument made by Defense:

  • Texas Uniform Condominium Act (TUCA) Sec 82.114 ASSOCIATION RECORDS. (a) “The association shall keep:”(b)All financial and other records of the association shall be reasonably available at its registered office or its principal office in this state for examination by a unit owner and the owner’s agents.
Important Tips to Avoid Being Taken Advantage of By An Abusive HOA Board & Underhanded Property Management Company:
  1. DOCUMENT & SAVE ALL communication and correspondence.Keep letters , emails, faxes, text messages, and record phone calls where legal. Texas is a “one-party consent” state, meaning only ONE party in a recorded conversation has to consent. Please check the applicable laws of your state or the one you’re calling to.
  2. Know what your Texas HOA rights are by law! Read and get an understanding of the Texas Property Codes, CC&R’s (Convenants, Conditions & Restrictions),By-Laws, and HOA Rules & Regulations. For condo associations, check out theTexas Condominium Act Ch. 81 &Texas Uniform Condominium Act Ch. 82.Go here for the Texas Residential Property Owners Protection Act Ch. 209.
  3. Get familiar with debt collection laws.The Texas Debt Collection Act,Federal Debt Collection Practices Act (FDCPA)andTexas Third Party Collectionsspell out Do’s and Don’ts for debt collectors.
  4. Organize! Talk to your neighbors and get connected with theNextdoor app. Chances are, you are NOT THE FIRST or only homeowner to experience HOA abuse of power by your Board members. Go to your HOA meetings. Come up with an action plan to remove unscrupulous HOA Board members and property managers that don’t know the law or intentionally side-step it.Run for office so that you and your neighbors can make the community friendly decisions. As board members, you can control where the money is going and make sure that your neighbors stay in the loop through effective communication tools.
  5. Be patient and civil. Give your HOA Board and property management company a chance to right their wrongs. If you have exhausted all means to resolve your HOA issue before litigation but are still faced with unjust actions, then you may have areason to sue your HOA.
  6. Go toTHE ULTIMATE HOA GUIDE on how to fight your HOA in Texas, where we share detailed & simple steps, agencies to file complaints with, and template letters to write your HOA board, property manager, and attorney.
Simple steps to fight your HOA and WIN with Texas law (1)
Keep reading to see how the Love Investors founder fought HOA abuse and won her civil court case against the Board of Directors at Oak Creek HOAof Arlington TX:

Kennon Armstrong– President
Lois Stewart-Burgess– Vice President
Bao Tran– Board Member (no title)
Gary Foster – Secretary
Tony Alagenchev aka Tihomir Alagenchev– Treasurer, Plaintiff Witness, and Oak Creek landscape contractor/owner of TM&F Lawn Services, 2131 N Collins, Ste 433332 Arlington TX 76011, 903-812-2010(Plaintiff Witness in Oak Creek Owners Association, Inc vs Christy D. Starling)

Veracity Inc Property Management, 5204 Village Creek Dr, Plano TX 75093, 214-368-3388:

Victor Bosnich aka Vic Bosnich–owner/operator of Veracity Inc, (Plaintiff Witness in Oak Creek Owners Association, Inc vs Christy D. Starling)
Lori Welsh aka Lori Renee Bosnich-Welsh– Veracity Inc property manager for Oak Creek HOA(Plaintiff Witness in Oak Creek Owners Association, Inc vs Christy D. Starling)
Nicole Foley – Veracity Inc Property Manager
Julie Pfullmann – Veracity Inc Receptionist

Read Christy’s personal account as she exposes HOA corruption & abuse, property management fraud, and dirty tricks used by unethical board members.

*The fine print: Love REI, LLC dba Love Investors is a real estate company that specializes in helping people sell and buy houses fast. We do not assert to own legal title. Properties are bought and sold AS-IS, for cash, hard money, or with terms. Information regarding each property and opinions of value/rents are provided as a courtesy only and no guarantees are expressed or implied. Independent analysis should be conducted before committing to sale or purchase. Love Investors is also proud to be a powerful advocate for homeowner rights and against HOA abuse in Texas.

© 2022 Love REI, LLC - Powered by Carrot

Simple steps to fight your HOA and WIN with Texas law (2024)

FAQs

How do you win an argument with an HOA? ›

Here are six ways to effectively fight with your homeowners, co-op or condo association:
  1. Know the rules. You should have read all the government documents, including the rules and regulations, before you closed on your purchase. ...
  2. Respond in writing. ...
  3. Don't argue the rule. ...
  4. Know the penalties.
Mar 8, 2019

How do you deal with an aggressive HOA? ›

Follow these tips on how to deal with HOA bullies:
  1. Keep Calm. The first thing you must do when faced with bullies on your HOA board is to stay calm. ...
  2. Address Privately. Publicly confronting the bully on your HOA board can quickly get out of hand. ...
  3. Facts Over Opinion. ...
  4. Employ a Mediator. ...
  5. Remove the Bully from the Board.

How do you make an HOA mad? ›

12 Guaranteed Ways To (Legally) Annoy Your HOA
  1. Ask For Copies Of Statements. ...
  2. Put Up Religious Statues Or Signs. ...
  3. Invest in Solar Panels or TV Satellites. ...
  4. Start Planting! ...
  5. Read The Contract. ...
  6. (Over)Use The Amenities. ...
  7. Hang Your Clothes. ...
  8. Catch Someone Else.
Apr 28, 2022

How do I sue my HOA in Texas? ›

To prove a breach of fiduciary duty, a homeowner must prove three elements; (1) a fiduciary relationship existed between plaintiff and defendant; (2) a breach by the defendant of his fiduciary duty to the plaintiff; and (3) an injury to the plaintiff or benefit to the defendant as a result of the defendant's breach.

Who regulates HOAS in Texas? ›

Texas's Fair Housing Act, Tex. Prop. Code §15.301, et. seq., provides state-level protections similar to the FHA and is administered by the Texas Workforce Commission.

How can I get out of paying my HOA dues? ›

How to Get Out of Paying HOA Dues
  1. Ask to see the HOA budget. ...
  2. Join the HOA board. ...
  3. Look at all of the HOA's contracts. ...
  4. Cut landscaping costs. ...
  5. Look into the property management fees. ...
  6. Examine the insurance policies. ...
  7. Reduce non-essential projects. ...
  8. Reduce reserves.
Dec 1, 2021

What is the most an HOA can fine you? ›

The HOA board determines fine amounts and whether they're reasonable. Most HOA fines start at around $25 and increase to $50 and $100-$200 if you don't pay or continue to violate the rule. The type of violation also influences the fine amount.

How do I write a letter to an HOA board? ›

Open the letter with a greeting that includes the recipient's full name. For example, write "Dear Darcy Lane." If you are addressing the letter to no one in particular, write "Dear Board Member" instead. There should be a single line of space between the recipient's address and this greeting.

Can an HOA restrict rentals in Texas? ›

In general, Texas law does not prohibit associations from imposing restrictions relating to occupancy or leasing, so an unambiguous restriction promoting a substantial interest of the association and enforced in a non-arbitrary manner will probably be upheld.

How do I opt out of HOA in Texas? ›

The first step of the dissolution process is to read through the association's CC&Rs. These governing documents often cover the dissolution process and will, at a minimum, give you a starting point. This is the best place for you to begin. If the bylaws allow it, you can vote to dissolve the HOA.

Can an HOA take your home in Texas? ›

A property owners' association can foreclose on the lien and trigger the sale of the property. The ability to create assessment liens is a power that is not automatically granted by Texas law. It must be specifically stated in the Declaration of Covenants, Conditions, and Restrictions.

Why are HOAs so powerful? ›

One of the reasons why HOAs have so much power is because the law gives them this power. Most state laws give legal powers to HOAs so that they can implement community policies that ensure peace and integrity in a planned development.

Is there a statute of limitations on HOA violations in Texas? ›

Statute of Limitations – The statute of limitations for a violation of a restriction is five (5) years from the time the association “discovered or, through the exercise of reasonable diligence, should have discovered the violation.” (Code. Civ. Pro § 336(b).)

Can HOA board members be sued individually in Texas? ›

Unhappy homeowners can sue the HOA and the board members individually for any number of reasons; for example, if the HOA fails to properly maintain a common area, or discriminates when enforcing a rule.

What to do if HOA does not respond Texas? ›

"If an HOA does not reply and provide the records, there is now this procedure where a homeowner can go to a justice of the peace court and get an order requiring the association to provide the records," Katine said.

How much can an HOA fine you in Texas? ›

Most HOA fines start at around $25 and increase to $50 and $100 if you don't pay or continue to violate the rule. The type of violation also influences the fine amount.

How much can HOA fees increase in Texas? ›

Many Association documents typically outline that an increase of 10% can be made at the discretion of the Board, but anything more than that in one fiscal year must be voted upon by the members.

Can you refuse to join a homeowners association? ›

Generally speaking, there is no way around it. Membership must be taken seriously, rules must be followed, and dues must be paid. If you buy a home in a neighborhood that already has an established HOA, you must join as a condition of purchasing the new home.

What to say in a fight to win? ›

  • “I want to figure this out, and I hope we can find a way to do it while being kind to each other.” ...
  • “I'd appreciate a chance to explain myself.” ...
  • “Let me know what you need right now.” ...
  • “I feel bad about what happened.” ...
  • “I want you to know I love you.” ...
  • “Who I was during that fight isn't the person I want to be with you.”
Oct 18, 2021

How do you win a fight with words? ›

Consider this basic training for verbal combat.
  1. Don't convert. Forget about trying to convert your adversaries. ...
  2. Listen. Be a good listener. ...
  3. Clarify. ...
  4. Stay calm and carry on. ...
  5. Take control. ...
  6. Get believers on board. ...
  7. Play to the undecided. ...
  8. Be humble.
Dec 3, 2014

How do you face an argument? ›

4 Ways Great Leaders Handle Arguments
  1. Listen before speaking. When someone is angry, giving him time to explain his point of view is crucial. ...
  2. Take the blame and apologize. Saying "I'm sorry" and "It's my fault" are two of the best ways to get great results from any argument. ...
  3. Ask questions. ...
  4. Work together.
Aug 25, 2014

How do you start an argument? ›

Here are five quick and easy ways to initiate an argument:
  1. Adopt a one-size-fits-all approach. ...
  2. Use the words “always” and “never”. ...
  3. Say, “You're wrong.” ...
  4. Don't listen in a way that makes the other person feel heard. ...
  5. Keep engaging with an angry person.
Jun 11, 2015

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