In Texas, disputes between homeowners and Homeowners Associations (HOAs) or Property Owners Associations (POAs) are common due to the broad authority these associations possess to enforce deed restrictions, collect assessments, impose fines, and, in certain circumstances, pursue foreclosure remedies. Many conflicts arise when homeowners believe an association has exceeded its authority, applied rules inconsistently, or failed to comply with applicable Texas law.

Some of the most common HOA and POA disputes in Texas include:

Assessment and Fee Disputes

Disagreements frequently arise regarding:

• Delinquent assessments

• Late fees and interest charges

• Attorney’s fees and collection costs

• Payment allocation practices, including the application of payments to fees and costs before assessments

Fining and Enforcement Procedures

Texas law imposes specific procedural requirements before an association may levy fines or suspend certain owner rights. Common disputes involve:

• Failure to provide proper notice

• Denial of an opportunity for a hearing

• Excessive or unreasonable fines

• Vague or insufficient violation notices

• Continuing fines that accumulate over time

Foreclosure and Collection Actions

One of the most contentious areas of HOA litigation involves collection and foreclosure matters. Common issues include:

• HOA assessment liens

• Threatened foreclosure over relatively small amounts owed

• Disputes regarding the balance claimed by the association

• Improper acceleration of assessments

• Excessive attorney’s fees and collection charges

• Failure to comply with the requirements of Texas Property Code Chapter 209

Access to Association Records

Texas law generally grants homeowners the right to inspect certain association records. Disputes often arise when associations:

• Refuse to provide financial records

• Withhold contracts, meeting minutes, or other governing documents

• Charge excessive copying or production fees

• Fail to respond to records requests within the required timeframe

Rental and Occupancy Restrictions

As communities increasingly regulate leasing activity, disputes commonly involve:

• Restrictions on long-term leasing

• Short-term rental and Airbnb prohibitions

• Occupancy limitations

• Tenant screening and approval requirements

Governing Document Interpretation and Enforcement

Conflicts frequently arise over the interpretation or validity of:

• Declarations and restrictive covenants (CC&Rs)

• Association bylaws

• Rules and regulations

• Amendments adopted without proper notice or voting procedures

Texas HOA and POA disputes are governed primarily by:

• Texas Property Code Chapter 209

• Texas Property Code Chapter 202

• Texas Business Organizations Code

Ultimately, most HOA disputes center on four recurring questions:

1.    Does the association have authority under its governing documents to take the action in question?

2.    Did the association follow the procedures required by Texas law and its governing documents?

3.    Is the association enforcing its rules consistently and uniformly?

4.    Did the board act reasonably, fairly, and in good faith?

While Texas courts generally afford homeowners associations substantial discretion in managing community affairs, associations can and do lose cases when they fail to comply with statutory requirements, violate their own governing documents, or engage in arbitrary or selective enforcement.

Please Contact me with the details of your case. You can upload any relevant files or pictures in the attached form.