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.
