Ongoing noise violations, such as a barking dog Property damage, including the removal or alteration of landscape The failure to have construction projects comply with approved plans or specifications Subsections (h) and (i) provide examples of violations that are 'curable' and 'uncurable': UncurableĪn act constituting a threat to public health or safety The notice should state the date by which the violation must be fixed.

if the violation is not a threat to public health or safety and is of a 'curable nature,' a reasonable amount of time to fix the violation and avoid the fine.notice of any special rights or relief that the owner might have under the law, including the Servicemembers Civil Relief Act.a statement that the owner has 30 days to request a hearing before the Board of Directors.Notice may not be required for repeated violations.Īccording to Sect. 209.006, a notice to the owner must contain: This gives the owner an opportunity to fix the problem and dispute the charge. If an association's has the authority to impose fines for restrictive covenant violations, the association must notify the property owner by mail before imposing the fine. What are the property owners' rights regarding fines? If an association is authorized to levy fines, it must develop an enforcement policy and make it available to property owners according to Section 209.0061 of the Texas Property Code. Texas law does not automatically give a property owners' association the right to impose fines. These powers must be granted by the association's governing documents. A board hearing, according to Subsection (f), would provide the owner and the board with an 'opportunity to discuss, verify facts, and resolve the denial of the owner's application.' The board 'may affirm, modify, or reverse, in whole or in part, any decision of the architectural review authority as consistent with the subdivision's declaration,' per Subsection (i).Ĭan an Association charge a fine for violations? In addition, the notice must allow the owner to request a hearing with the association's board of directors on or before the 30th day from when the notice was mailed. The notice must describe the basis for denial “in reasonable detail.” If some changes to the proposal would result in committee's approval, the changes must also be listed. If the architectural committee denies a property owner's proposed changes, it must provide a written notice of the denial by certified mail, hand delivery, or electronically. persons residing in a current board member's householdĬan the committee's decisions be appealed?.The following persons may not serve on the architectural review committee: If an association has an architectural committee, its powers are almost always defined in the declaration of covenants, conditions, and restrictions. The rules we discuss in this section apply to these associations only. Texas Property Code, Section 209.00505 regulates architectural committees in property owners' associations that have 40 or more lots. The committee is generally responsible for overseeing any architectural, structural, and design changes. What is an Architectural Review Committee?īefore the owner can make any changes or additions to a property, they may be required to get approval from an architectural review committee. possession of firearms or ammunition ( Section 202.021).In addition, a property owners' association can neither prohibit nor regulate the following: wind- or hail-resistant shingles, or shingles that are heating and cooling efficient ( Section 202.011).swimming pool enclosures ( Section 202.022).standby electric generators ( Section 202.019).solar panels and solar energy devices ( Section 202.010).security measures like security cameras, motion detectors, and perimeter fencing ( Section 202.023).rain barrels, composting systems, efficient irrigation systems, and drought-resistant landscaping ( Section 202.007).display of religious items ( Section 202.018).display of political signs during election season ( Section 259.002).display of the American flag, the Texas flag, or the flag of the United States Armed Forces ( Section 202.012).

Property owners' associations cannot outright prohibit-but can regulate-the following: Texas law places some limits on what a property owners' association can prohibit. There are exceptions for each category, so please read the law itself for complete details. State law does not specifically talk about whether an association can regulate non-political signage, parking, and architectural topics like paint color and mailbox decoration. If you have questions about these kinds of restrictions, you will need to refer to the governing documents for your association. Search library website find library books hide navigation menu

Example of hoa covenant amendment