Homeowners associations (HOAs) play a prominent role in many Texas communities. They maintain common areas, enforce restrictive covenants, and establish rules intended to preserve property values. While many disputes are resolved through communication, disagreements between homeowners and HOAs can become contentious when significant financial interests or property rights are involved. 

Whether the issue involves architectural restrictions, fines, assessments, or enforcement of governing documents, understanding your legal rights is an important first step before a dispute escalates. 

What Is HOA Litigation? 

HOA litigation involves legal disputes between a homeowners' association and a homeowner, or disputes involving board members, developers, or neighboring property owners. 

These disputes often require interpreting documents such as: 

Texas law, including portions of the Texas Property Code, may also affect how homeowners associations operate and enforce their governing documents. 

What Are Some Common HOA Disputes in Texas?

HOA disputes vary widely, but several issues arise more frequently than others. Below are examples of common HOA disputes in Texas. 

1. Enforcement of Restrictive Covenants 

Restrictive covenants determine how property may be used within a community. Disputes often arise when homeowners believe an HOA is improperly enforcing deed restrictions or selectively applying its rules. 

Examples may include: 

The specific language of HOA documents often determines whether enforcement is appropriate. 

2. Fines and Assessments 

Many HOAs have authority to impose fines or collect assessments under their governing documents. 

Disputes may involve: 

Reviewing the association's governing documents and applicable Texas law is often necessary to determine whether enforcement procedures were followed. 

3. Architectural Review Disputes 

Many communities require homeowners to obtain approval before making exterior improvements. 

Disagreements commonly involve: 

Questions often arise regarding whether an HOA acted consistently with its architectural guidelines or exercised its authority reasonably. 

Can Homeowners Challenge an HOA's Actions? 

Yes. Depending on the circumstances, homeowners may have legal remedies if they believe an HOA exceeded its authority, failed to follow its governing documents, or violated applicable Texas law. 

Examples may include disputes involving: 

The available remedies depend on the governing documents, the facts of the dispute, and applicable law. 

Can an HOA Take Legal Action Against a Homeowner? 

An HOA may also pursue legal action to enforce restrictive covenants, recover unpaid assessments, or seek compliance with the community's governing documents. 

Before litigation begins, many disputes involve notices, opportunities to cure alleged violations, or internal dispute resolution procedures required by governing documents or Texas law. 

Early review of these requirements may help clarify each party's rights and obligations. 

Why Does Early Legal Review Matter?

HOA disputes often involve overlapping contractual obligations, statutory requirements, and property rights. Questions about enforcement authority, procedural requirements, and governing documents can become increasingly complicated as disputes continue. 

Reviewing the association's governing documents early in the process can help identify potential legal issues and determine whether the dispute may be resolved without litigation. 

Facing an HOA Dispute? 

Disagreements with a homeowner's association can affect your property rights, financial obligations, and ability to use your property. Whether the dispute involves restrictive covenants, architectural approvals, assessments, or enforcement actions, understanding your legal rights is an important first step. 

The Keller Firm represents homeowners, property owners, developers, and businesses in real estate litigation throughout Texas. If you need a Texas Real Estate attorney for an HOA dispute or believe your rights under your community's governing documents have been violated, The Keller Firm may evaluate the facts and discuss the legal remedies that may be available under Texas law. 

Frequently Asked Questions 

Can I sue my HOA in Texas? 

Depending on the facts, homeowners may have legal remedies if an HOA failed to comply with its governing documents or applicable Texas law. The available claims depend on the circumstances of the dispute. 

Can an HOA fine homeowners in Texas? 

Many homeowners associations have authority to impose fines if authorized by their governing documents and applicable law. The procedures used to assess and collect those fines may also be subject to legal requirements. 

What documents govern an HOA? 

Most homeowners associations are governed by recorded declarations, restrictive covenants, bylaws, articles of incorporation, rules, architectural guidelines, and applicable provisions of the Texas Property Code. 

Credible Sources 

https://statutes.capitol.texas.gov/Docs/PR/htm/PR.209.htm 

https://guides.sll.texas.gov/property-owners-associations 

https://www.trec.texas.gov/ 

https://www.caionline.org/