Join an HOA, they said!
It’ll be FUN, they said!
Frankly, being in an HOA is all well and good, until it’s not. I get it!
“The greater the power, the more dangerous the abuse,” advised 18th Century Anglo-Irish statesman and philosopher Edmund Burke.
Full disclosure, I live in a neighborhood with an HOA, and frankly, probably wouldn’t choose otherwise. That doesn’t mean, however, that I don’t see the far-reaching rules and exorbitant expenses HOA impose.
The principle, as I understand it, for the establishment of an HOA is first and foremost to establish a set of guidelines builders must follow with the attempt to create a limited range uniformity of construction (ie house size, exterior materials used, lot setbacks, etc) in an attempt to preserve neighborhood values.
Note, most often, the developer maintains controls until the community reaches 70% ownership. It’s when ownership reaches that threshold that homeowners are most engaged with the HOA representatives as it pertains to the HOA’s set expectations for the outside maintenance and presentation of homes within the community (overgrown weeds, broken fences, yard signs).
Most often, in not just my opinion but also the state legislature’s view, the HOA gets it right. Yet, there are times and situations, that the authority given to a Texas association by the Texas Property Code to [previously] have full discretion to create a declaration of covenants, articles of incorporation, and bylaws, is an over-reach.
In recent years, Austin has found it in their purview to provide additional outlines to what HOA’s can and can not prescribe:
Solar Panels: Texas law protects your right to go solar. But, there are limits. Texas law allows HOAs to restrict installations under the following conditions: The system is installed without prior approval by the HOA, The installation is located on common property within the subdivision, The system is installed in a way that voids its warranties.
Flags: A property owners’ association (also known as a homeowners’ association, HOA, or POA) may not prohibit the display of an American or Texas flag. However, you may have to comply with reasonable restrictions that regulate how and where the flag must be displayed.
Water: Texas does not allow particular designated restrictions; Prohibited restrictions include restrictions on composting, collecting rainwater, irrigation systems, and water-conserving turf, though associations are permitted to impose reasonable requirements or standards.
Fact is, finding a home not in an HOA is difficult, and more often than not, undesirable. HOA communities offer parks and pools … and rules. Understanding the expectations the community has for your home and being prepared to live within those boundaries should be part of full evaluation of the home … and knowing where that line is, when the HOA has gone too far, is equally important to protect your rights.