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Real property

HOA (homeowners' association)

A homeowners’ association (HOA) is an organization created to manage a multi-unit residential real estate development (such as a condominium) in which each owner of a unit has both a separate ownership interest (often everything inside the front door)—and a common ownership interest (with other unit owners) in the common areas of the property outside the front door—such as roofs, hallways, driveways, walkways, stairways, stucco, brick, paint, stone, and landscaping.

Homeowners’ associations are often created by a document known as the declaration of covenants, conditions, and restrictions (declaration or CC&Rs) or a similar document that is filed in the local (county) records by the developer of the property.

Homeowners’ associations are generally governed by a board of directors (board), elected by the homeowners as provided by the HOA’s declaration and bylaws. Unit owners or homeowners in the association are required to pay monthly HOA dues for the maintenance and repair of the common areas of the property and its insurance.

In Texas, homeowners' associations (HOAs) are governed by state statutes that outline their creation, management, and the rights and obligations of their members. These statutes include the Texas Residential Property Owners Protection Act and the Texas Uniform Condominium Act. HOAs are typically established through a declaration of covenants, conditions, and restrictions (CC&Rs), which are recorded in the county where the property is located. The CC&Rs, along with the association's bylaws, set forth the rules for the community, the responsibilities of the HOA, and the obligations of the unit owners. The HOA is managed by a board of directors elected by the homeowners, and all homeowners are usually required to pay monthly dues for the upkeep of common areas and other shared expenses. These dues are used for maintenance, repair, and insurance of common areas such as roofs, hallways, and landscaping. Texas law provides specific regulations on how HOAs must operate, including how they handle assessments, foreclosures, and the rights of homeowners within the association.

Legal articles related to this topic

What You Need to Know About Homeowners Association (HOA) Common Areas
In HOAs, common areas are spaces shared by all community members rather than owned individually. These include amenities like pools, clubhouses, green spaces, and fitness centers, offering leisure and practical benefits.
Marijuana and Homeowners' Associations: Community Rules vs. State Laws
One of the evolving legal dilemmas facing many homeowners is the tension between state laws allowing recreational marijuana use and Homeowners' Association (HOA) rules that may prohibit it. Is it even legal for an HOA to set such rules?
Can a Homeowners' Association Restrict Leasing? Understanding the Power of Contracts
When you purchase a home within an HOA, you aren't just buying the property. You're also entering into a contractual agreement to abide by that association's conditions, covenants, and restrictions (CC&Rs) that govern it.
Can Your HOA Fine You? Understanding Homeowners' Laws
While homeowners associations are legally recognized, finding yourself on the receiving end of a complaint or HOA fine may have you asking whether or not the association actually has the legal right to fine you.
How to Fight Your HOA Legally
If you find yourself struggling with strict rules in your neighborhood, “getting back” at the association can be tempting. Rather than doing something that could land you in legal trouble, however, you can learn how to fight your HOA legally.