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Subject: HOA was no authority
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ConchoP
(Texas)

Posts:138


07/18/2020 9:42 PM  
We have been told by legal counsel that our HOA cannot fine homeowners for deed violations, because in our CC&R it says in short,a homeowner must take another homeowner to court if they have a dispute. In our Bylaws states the board may issue fines for violations. Legal counsel says the CC&R rule over bylaws therefore we cannot issue fines. However, the bylaws are practically a copy and past from Texas Property Code 209 about fines.(sorry I can not quote the exact section in TPC 209) At the same time legal counsel said our governing documents are horribly written and a Judge we talked to basically said the same.

I'm on our board fighting for homeowners and our legal counsel said the court looks heavy on Intent when documents are is such a mess. The HOA is still under developer control and the developer has not conveyed the streets to the HOA but names the HOA to maintain the streets. And he will not meet with the board.

Our HOA wants to be able to fine and enforce deed restrictions. The board thnks it was the intent of the developer that the HOA would be able fine for violations since they basically copied and pasted from TCP 209 and want to set a fine policy, but I'm hesitant.

Only thing we can think of is sending a letter to the developer stating that we feel that it was his intent for the HOA to fine for violation and attach our "violation fees" and note that if he does not make contact with us in 60 days it will be assumed he is agreeing to this fine policy. And send it to his office and last known legal counsel.

We are screwed and stuck. Any constructive comments are welcomed.
AugustinD


Posts:3683


07/18/2020 10:01 PM  
Posted By ConchoP on 07/18/2020 9:42 PM
We have been told by legal counsel that our HOA cannot fine homeowners for deed violations, because in our CC&R it says in short,a homeowner must take another homeowner to court if they have a dispute. In our Bylaws states the board may issue fines for violations. Legal counsel says the CC&R rule over bylaws therefore we cannot issue fines.
"Legal counsel" is correct.

Posted By ConchoP on 07/18/2020 9:42 PM
However, the bylaws are practically a copy and past from Texas Property Code 209 about fines.
This does not matter. CC&Rs trump the Bylaws, period, end of discussion. If whoever wrote the governing documents really wanted the board to be able to fine, then she or he needed to put this in the CC&Rs.
Posted By ConchoP on 07/18/2020 9:42 PM

At the same time legal counsel said our governing documents are horribly written and a Judge we talked to basically said the same.
I think nearly everyone at every HOA says their governing documents are horribly written. They are generally not.

Posted By ConchoP on 07/18/2020 9:42 PM

I'm on our board fighting for homeowners and our legal counsel said the court looks heavy on Intent when documents are is such a mess.
This is either false or way too general to be helpful. When the CC&Rs are unclear, sometimes a court will look at something called the "Master Plan" for the HOA, on file with the county or municipality. Said Master Plan has a lot of weight legally. Second, when the CC&Rs are unclear, and the Master Plan is silent, the courts will err on the side of free enjoyment of property. This approach is based on the general rule of courts that terms in a contract that are ambiguous will be interpreted against whoever wrote the contract. This helps ensure that whoever wrote the contract tries to be clear.

Is this legal counsel actually a HOA attorney or at least real estate attorney?

Posted By ConchoP on 07/18/2020 9:42 PM
The HOA is still under developer control... [snip] Our HOA wants to be able to fine and enforce deed restrictions. The board thnks it was the intent of the developer that the HOA would be able fine for violations since they basically copied and pasted from TCP 209 and want to set a fine policy, but I'm hesitant.
You should be hesitant. Courts want HOAs to follow not some guess at intent, but the actual words in the governing documents to the greatest extent possible. The courts will not guess at intent when it comes to interpreting covenants.

ConchoP
(Texas)

Posts:138


07/19/2020 6:11 AM  
Can we ask the developer at add addendum to the CC&R to let the HOA collect fines for deed-restrictions violations? Or send him a letter asking if we can collect fines for violations and give him 60 days to answer if he doesn't answer we would assume he approves?
ConchoP
(Texas)

Posts:138


07/19/2020 6:13 AM  
Yes legal counsel is an HOA attorney
ConchoP
(Texas)

Posts:138


07/19/2020 6:42 AM  
I do not think we have a Master Plan, for we are phased community. Our HOA attorney said that the court would look at the intent of declarant. And said it would be a good idea for us to write a resolution showing the intent of the developer wanting all sections in the development to be placed into one HOA and not 15.
CathyA3
(Ohio)

Posts:1120


07/19/2020 6:58 AM  
Posted By ConchoP on 07/19/2020 6:11 AM
Can we ask the developer at add addendum to the CC&R to let the HOA collect fines for deed-restrictions violations? Or send him a letter asking if we can collect fines for violations and give him 60 days to answer if he doesn't answer we would assume he approves?



No. Any changes to the CC&Rs must be voted on and approved by the membership. If the developer is still in control (questionable?) then this is usually pretty easy since that person is the controlling interest. If the developer is no longer in control, then a majority of owners must vote to approve of the change - usually a super-majority of 67% or 75%.

Amending CC&Rs us a legal process and your HOA attorney should be able to tell you exactly what steps your HOA must follow to make this change. It usually takes about a year, starting with the attorney drafting the amendment through to recording the approved amendment with your county recorder. Only after all this has happened is the change valid.
AugustinD


Posts:3683


07/19/2020 7:03 AM  
Posted By ConchoP on 07/19/2020 6:11 AM
Can we ask the developer at add addendum to the CC&R to let the HOA collect fines for deed-restrictions violations?
I have been thinking about the fact that your HOA is still under Declarant control. I think what your HOA would really want is an amendment to the CC&Rs. (Not an "addendum.") Often the CC&Rs state that, if the declarant is still in control, then the declarant can amend anything it wants. Courts have said, "Whoa. If a bunch of folks have bought lots in the HOA relying on the un-amended CC&Rs, and the Declarant wants to make some radical amendment to the HOA scheme via an amendment, then the court prohibits such a radical change."

Is amending the CC&Rs to allow the HOA to impose fines a 'radical change'? Maybe. Maybe not. You ought to ask a HOA attorney this.

Posted By ConchoP on 07/19/2020 6:11 AM

Or send him a letter asking if we can collect fines for violations and give him 60 days to answer if he doesn't answer we would assume he approves?
Who (the Declarant or the Board) has what powers at this point in the transition is not clear from the limited information you have provided so far. I think you would have to post the governing documents for people here to comment intelligently. I am still not even sure there is a conflict between the CC&Rs and Bylaws on this point. Your attorney says yes, there is, and the CC&Rs trump the Bylaws on the point. I am operating on this premise.

Posted By ConchoP on 07/19/2020 6:42 AM
I do not think we have a Master Plan, for we are phased community. Our HOA attorney said that the court would look at the intent of declarant. And said it would be a good idea for us to write a resolution showing the intent of the developer wanting all sections in the development to be placed into one HOA and not 15.
One cannot 'show' intent. One can only guess at intent. Hence I reject what you and your attorney are proposing. Also importantly: When courts interpret statutes, city ordinances and the like, they may look for intent (using various approaches, like context, what other sections of the statute or ordinance say, et cetera). But here, we are talking about interpreting covenants. Covenants are generally treated as a contract. Nationwide, the court-made rules for interpreting contracts are different from the rules of interpreting statutes and ordinances.


BenA2
(Texas)

Posts:758


07/19/2020 7:59 AM  
I agree with your attorney, if you want to fine for violations for private property, it needs to be in the CC&Rs. Enforcement of common amenities is a different story.

A couple of things to keep in mind in Texas:

1. Chapter 209, the Texas Residential Property Owners Protection Act, does not give you authority to fine, it restricts how fines can be used if your CC&Rs allow fines. As the name implies, 209 generally protects owners and limits the power of HOAs.

2. Even though state law (Sec. 202.003) says that "A restrictive covenant shall be liberally construed to give effect to its purposes and intent" subsequent Texas court precedents state that if the covenants are held to be ambiguous, doubts about the meaning of the terms of a restrictive covenant must be resolved in favor of the free use of land. In other words, a court must rule in favor of the property owner if the covenants are ambiguous. Our attorney told us that the precedent all but nullifies the law.

If your can't get your CC&Rs changed, I doubt there is any way to issue fines. Of course, you should follow your attorney's advice or get a second opinion from another attorney.
ConchoP
(Texas)

Posts:138


07/19/2020 8:01 AM  
Our CC&R do not state when developer conveys anything to the HOA. We can only maintain roads. However the bylaws,gives the HOA power necessary to administer the HOA affairs. It would be extremely hard to get 70% of the vote in each section (15 sections) to admin the CC&Rs
MelissaP1
(Alabama)

Posts:9446


07/19/2020 8:29 AM  
Why is it so important to fine? We never fined. We had the ability to but never did. A "fining schedule" had to be established first. Just because our documents/law says you can fine doesn't mean it DEFINES what for and how much. Just says "Can fine". Okay then what?

Plus fines don't hold much teeth in many states. You have to do that research for your state. Fines are just "punitive" charges to correct something. They really don't hold anyone to anything. You can not lien for fines (accept in some creative bookkeeping). You can not foreclose for fines. Suing for fines really holds no benefit. Why? Even if you won the lawsuit doesn't mean that person can't just sell their property and leave without paying. HOA's are not allowed to have anyone's social security #'s so garnishing wages may be difficult to pursue. Plus lawsuit judgments have time limits and left long enough most people will forget they happened.

So in my opinion wouldn't lose myself too much in the fines. It should be documented yes if it is allowed by your state. Otherwise it's not really something that I would turn some yard at.

Former HOA President
JohnC46
(South Carolina)

Posts:9678


07/19/2020 8:41 AM  
Cocho

If still under developer control than the developer has the power (votes) to amend the Covenants and Bylaws. Ask them to do so.
CathyA3
(Ohio)

Posts:1120


07/19/2020 9:17 AM  
Posted By JohnC46 on 07/19/2020 8:41 AM
Cocho

If still under developer control than the developer has the power (votes) to amend the Covenants and Bylaws. Ask them to do so.





Maybe.

Let's say the developer currently has 70% voting power, the other 30% held by homeowners.

If your governing docs/state laws require a 67% super-majority to approve an amendment, then the developer can do what he wants. If your governing docs/state laws require a 75% super-majority, then the developer needs help from homeowners controlling at least 5% of the voting power.

Or are you saying that if the developer still controls, then he can override the contract provisions (CC&Rs) of the homeowners who have bought homes? That seems wrong to me.

(On the other hand, if the developer had wanted the HOA to have fining power, why wouldn't he have put it in the CC&Rs to start with, thus avoiding the need for a vote altogether? Either he overlooked it, or he doesn't want it - and in the latter case he controls enough of the vote to prevent the amendment from passing until enough homes have been sold.)
GeorgeS21
(Florida)

Posts:2902


07/19/2020 9:41 AM  
Concho,

Agree with those who say - get the developer to amend the CCRs - THIS IS IMPORTANT - and timely - if the developer is still in control, GET THIS DONE.

I disagree completely with anyone who says fines are not useful - they are the most basic form of management, and in many cases allow the Board to stay out of court, and if they do go to court, the Board can show an auditable process that supports its case.
BillH10
(Texas)

Posts:527


07/19/2020 10:06 AM  
The Texas Legislature mandated several sessions ago that 67% is the maximum threshold to amend documents; if the documents cite a lower percentage, the documents control. All higher percentages in documents were rendered null and void at that time.
ConchoP
(Texas)

Posts:138


07/19/2020 10:11 AM  
We are still under developer control because no where in the governing documents say when the HOA is in full control. He gets 3 votes to our one. We would out vote him in about 9 sections but not all the sections. It seems to me if we can ask for a few changes it would be easier.
JohnC46
(South Carolina)

Posts:9678


07/19/2020 10:54 AM  
when under Declarant control we had a Declarant advisory BOD whose Members were appointed by the Declarant of which I was a Member. We reviewed our docs and before turnover we had the Declarant make 4 changes. He was more than willing to. The changes were:

1. Proxies were not allowed. Changed to proxies allowed.
2. Cumulative voting was allowed. That was removed.
3. Annual Meeting was a fixed date in May. Changed to BOD to set date, on or before 04/15.
4. 50% of all owners required for a Quorum. Changed to 20%.

MarkW18


Posts:1290


07/19/2020 10:59 AM  
Concha

First, the statement that homeowners can enforce the CCRs on their own is standard language in most CCRs in the country. It basically means, iof the governing body, the Board choose not to enforce the CCRs, then a homeowner can on their own. It only means what is in the CCRs, not the Rules and not the Bylaws.

Second, below is a opinion of a California lawyer who specializes in HOA law. The CCRs may not state the association can specifically fine, but it will say it can enforce. T

Enforcing CC&Rs & Rules. The ability of an association to enforce its CC&Rs is well established. CC&Rs are enforceable equitable servitudes and, unless the CC&Rs state otherwise, can be enforced by the association. (Civ. Code §5975(a).) Moreover, associations have a duty to enforce their governing documents. (Nahrstedt v. Lakeside Village.) If a board fails to enforce them, members can go into court to to compel enforcement. (Ekstrom v. Marquesa.)

Enforcement Mechanism. What's missing from the Davis-Stirling Act and case law is any mention of how enforcement occurs. The Act simply states that CC&Rs are enforceable. (Civ. Code §5975(a).) The mechanism for enforcing CC&Rs and Rules is left to associations to decide. Most use three methods: fines, suspension of privileges, and litigation.

Adopting Rules. To adopt rules, an association must have rulemaking authority conferred by law, the CC&Rs, articles of incorporation or bylaws. (Civ. Code §4350(b).) Some older developments are silent on rulemaking authority. Fortunately, governing documents in newer developments all have rulemaking authority since the Department of Real Estate requires it. (Cal. Code Regs, tit. 10, §2792.21(a)(7).) The board can adopt adopts rules once rulemaking authority has been established.

Statutory Authority. Absent rulemaking authority in the governing documents, associations still have statutory authority to adopt rules for specific matters, such as election rules (Civ. Code §5105), architectural rules (Civ. Code §4765), IDR policies (Civ. Code §5905) and collection policies (Civ. Code §5730).

Rule Adoption Procedure. Once authority for adopting rules has been established, boards of directors must follow a specific process for enacting rules.

Authority to Fine. If an association has authority to adopt rules, the ability to enforce those rules using monetary penalties (fines) is implied. The court of appeal in a 1995 case, addressed the point. The plaintiff in the case had challenged the association's authority to fine pointing out the CC&Rs did not grant the association the power to impose fines. The court did not dispute plaintiff's assertion but, instead, noted the governing documents gave the association the authority to enact rules and concluded:

[B]ecause the authorization for the...rules is itself contained in the recorded...CC&Rs, Liebler is incorrect in asserting such fines are unauthorized... (Liebler v. Point Loma.)

The conclusion of the court is that the authority to enact rules necessarily carries with it the authority to enforce those rules, whether by fines or otherwise. Once an association has authority to adopt rules, it can adopt a fine schedule.

Adopting and Imposing Penalties Fines. To impose penalties for rules violations, associations must adopt a fine schedule and give notice to the membership of that schedule. The procedure for adopting fines is the same as adopting rules. Fines must be reasonable and appropriate to the violations. Moreover, penalties can only be imposed after due process has been followed. Once levied, fines are normally collected by filing a small claims action.
JohnC46
(South Carolina)

Posts:9678


07/19/2020 11:14 AM  
If still under Declarant control, I question if the BOD has the authority to fine? Seems to me they are advisory only be they appointed or elected.
AugustinD


Posts:3683


07/19/2020 11:16 AM  
Posted By BillH10 on 07/19/2020 10:06 AM
The Texas Legislature mandated several sessions ago that 67% is the maximum threshold to amend documents; if the documents cite a lower percentage, the documents control. All higher percentages in documents were rendered null and void at that time.
This does not apply during the development period. See Texas Property Code section 209.0041 (d) .
BillH10
(Texas)

Posts:527


07/19/2020 11:25 AM  
Mark

I respect your comments and insight. On this subject we have first hand experience with enacting fines in Texas absent specific language in the Declaration which allows the Association to do so.

We formerly managed a 237 single family home HOA in North Texas. The Declaration did not specifically authorize fines as an enforcement mechanism, in fact enforcement was not addressed at all.

The Board, and many owners, wished to enact a fine structure as a compliance and enforcement tool.

The Association attorney told the board:

1. There is no language in the Declaration under which you may do so.

2. I will not defend you if you proceed and an owner wishes to dispute the application of fines in court.

The attorney properly advised the Board to amend the Declaration, which they half-heartedly attempted to do then gave up as it would have required a lot of time and shoe leather. The Board was able to successfully amend the Bylaws as doing so required only a simple majority of those present in person or by proxy at the Annual Meeting.

BillH10
(Texas)

Posts:527


07/19/2020 11:28 AM  
Good catch Augustin, I was not aware of that exception. Thanks for the correction.
MarkW18


Posts:1290


07/19/2020 11:34 AM  
Posted By BillH10 on 07/19/2020 11:25 AM
Mark

I respect your comments and insight. On this subject we have first hand experience with enacting fines in Texas absent specific language in the Declaration which allows the Association to do so.

We formerly managed a 237 single family home HOA in North Texas. The Declaration did not specifically authorize fines as an enforcement mechanism, in fact enforcement was not addressed at all.

The Board, and many owners, wished to enact a fine structure as a compliance and enforcement tool.

The Association attorney told the board:

1. There is no language in the Declaration under which you may do so.

2. I will not defend you if you proceed and an owner wishes to dispute the application of fines in court.

The attorney properly advised the Board to amend the Declaration, which they half-heartedly attempted to do then gave up as it would have required a lot of time and shoe leather. The Board was able to successfully amend the Bylaws as doing so required only a simple majority of those present in person or by proxy at the Annual Meeting.




So, if the CCRs state the Association has the power to enforce its CCRs, how do they do that, send the homeowner to...rehab?
BillH10
(Texas)

Posts:527


07/19/2020 11:45 AM  
Mark, there was no practical mechanism for the Association to use. It is one of the reasons we no longer manage that Association, we were being blamed by some for not enforcing the Declaration.
I suppose bringing suit was an option but it was never seriously discussed.

We were able to obtain some help from the City Code Compliance office, they would cite egregious offenders but the lawn had to be 12" high before they would step in. They were particularly helpful regarding the condition of fences and ensuring replacement fences met city requirements--which were the same as the HOA requirements. The City could and did haul owners before a judge for not maintaining the appearance of the property.
MarkW18


Posts:1290


07/19/2020 12:03 PM  
Posted By BillH10 on 07/19/2020 11:45 AM
Mark, there was no practical mechanism for the Association to use. It is one of the reasons we no longer manage that Association, we were being blamed by some for not enforcing the Declaration.
I suppose bringing suit was an option but it was never seriously discussed.

We were able to obtain some help from the City Code Compliance office, they would cite egregious offenders but the lawn had to be 12" high before they would step in. They were particularly helpful regarding the condition of fences and ensuring replacement fences met city requirements--which were the same as the HOA requirements. The City could and did haul owners before a judge for not maintaining the appearance of the property.



Mark, I am a bit confused. Are you saying that in order to impose a monetary penalty, the CCRs must have specific language, such as the ability to FINE in order to impose a monetary fine?

I am assuming you have traffic laws that cops have a responsibility to ENFORCE the vehicle code including speeding.

Let's do this. Was there case law that the attorney, in your case and the OP's that they followed in making the determination the HOA couldn't fine someone unless the word FINE was in the CCRs? Fining is the fundamental mechanism that HOA's throughout the entire country rely on to bring homeowners into compliance. Fines would be pretty much be abolished throughout the U.S.
MarkW18


Posts:1290


07/19/2020 12:10 PM  
Sorry, meant Bill
GenoS
(Florida)

Posts:3925


07/19/2020 12:45 PM  
Posted By AugustinD on 07/18/2020 10:01 PM
... This does not matter. CC&Rs trump the Bylaws, period, end of discussion.

My CC&Rs state,

All residences shall be subject to the provisions of
the Articles of Incorporation of the Association and the By-Laws
thereof, and any amendments thereto and the terms thereof are
expressly incorporated herein.

Does that not say whatever is in the By-Laws expressly is also incorporated into the CC&Rs? That's a question that has concerned me for over 5 years and I can't find any considered opinion on it. Furthermore, the By-Laws state,

The CC&Rs for the XYZ HOMEOWNERS ASSOCIATION, INC. and such amendments
thereto as are from time to time made, shall be incorporated in
these By-laws by reference.

I submit my HOA's governing documents are horribly written. Together they equate the CC&Rs with the By-Laws. In fact, the obligation of the homeowners to pay assessments is IN the By-Laws, not the CC&Rs. One day there will be a lawsuit over this. I hope to not be around when that happens.
BillH10
(Texas)

Posts:527


07/19/2020 1:04 PM  
Mark

The discussion with the attorney went no further than I described. I don't recall if he cited case law, even in generic terms, this was 5 or 6 years ago. He was adamant on the point and went through the Bylaws and Declaration with a fine tooth comb looking for any enabling language. Yes, he was looking specifically for the word "fine", there may have been one or two other words he was looking for as well.

We discussed with him using the language which enabled Special Assessments to develop a Special Assessment for Compliance or something similar, he advised against doing so. I never understood why not, I thought it was a superb idea, especially since it was mine.

The Board was discouraged by legal expenses already incurred and the possibility of significant additional legal fees and other costs and choose not to poke the bear.

We certainly learned our lesson and will not manage a client with no enforcement language, nor will we purchase in an association with no enforcement mechanism.
MarkW18


Posts:1290


07/19/2020 1:06 PM  
Works for me.
JohnC46
(South Carolina)

Posts:9678


07/19/2020 1:42 PM  
Posted By GenoS on 07/19/2020 12:45 PM
Posted By AugustinD on 07/18/2020 10:01 PM
... This does not matter. CC&Rs trump the Bylaws, period, end of discussion.

My CC&Rs state,

All residences shall be subject to the provisions of
the Articles of Incorporation of the Association and the By-Laws
thereof, and any amendments thereto and the terms thereof are
expressly incorporated herein.

Does that not say whatever is in the By-Laws expressly is also incorporated into the CC&Rs? That's a question that has concerned me for over 5 years and I can't find any considered opinion on it. Furthermore, the By-Laws state,

The CC&Rs for the XYZ HOMEOWNERS ASSOCIATION, INC. and such amendments
thereto as are from time to time made, shall be incorporated in
these By-laws by reference.

I submit my HOA's governing documents are horribly written. Together they equate the CC&Rs with the By-Laws. In fact, the obligation of the homeowners to pay assessments is IN the By-Laws, not the CC&Rs. One day there will be a lawsuit over this. I hope to not be around when that happens.




Our Covenants, Bylaws, and R&R's are 3 different documents. Covenants must be registered as a Deed Restriction. Generally Bylaws and R&R's do not have to be recorded with the Deed, but ours are.

We looked at rewriting our Covenants and Bylaws to remove all references to the Declarant but we were quoted $3K to $5K and we decided not to. So far, we have been able to "read around" references concerning the Declarant but we have never had a legal challenge (threats only that went nowhere) to our interpretations.
GenoS
(Florida)

Posts:3925


07/19/2020 2:03 PM  
Posted By JohnC46 on 07/19/2020 1:42 PM
We looked at rewriting our Covenants and Bylaws to remove all references to the Declarant but we were quoted $3K to $5K and we decided not to. So far, we have been able to "read around" references concerning the Declarant but we have never had a legal challenge (threats only that went nowhere) to our interpretations.

I've read that HOAs should do a comprehensive review of their documents and amend them as necessary every 10 years or so. 30+ years here and that has never happened. In 2010 the HOA's attorney recommended a dozen changes to our CC&Rs and Bylaws after he was paid to review them. Only 4 of the 12 changes were ever adopted. We've still got references to the original develper, provisions that have since been made illegal in FL, an ancient section on indemnity for Directors only, restrictions to who can live in a home (including a very detailed description of what "single family" means), a very loose number-of-board-members provision, no stated terms of office for Directors.... the list goes on.

We've been quoted $4,000 for one change to our CC&Rs. To revise everything would probably cost us between 50 and 60 thousand dollars, and nobody's interested in doing that. We asked the attorney if he had any "boilerplate" documents, such as would be the starting point for a developer establishing a brand new HOA development, that we might be able to "tailor" to our own needs (with attorney involvement, of course). His response: "No, we don't have anything like that."
AugustinD


Posts:3683


07/19/2020 3:53 PM  
From a 2013 thread started by a Texan, where the Texan ultimately presents a Dallas law firm's opinion regarding fines:

"UPDATE: I've just learned that recently, the board heard an opinion on the legality of fines from a top Dallas HOA attorney. The question came up during closed session addressing a different matter. The attorney said the fine policy was invalid. Texas does not give the HOA statutory authority to fine, nor do our CC&Rs. The covenants would have to be amended by a vote of the homeowners to add authorizing language. He was unequivocal, I am told. I got this info from an ex-board member who was present during the meeting."

As interested, see https://www.hoatalk.com/Search/ForumSearch/tabid/87/view/topic/postid/149426/Default.aspx


From https://www.hopb.co/texas-hoa-questions-and-answers#:~:text=See%20generally%20Tex.,actions%20against%20non%2Dcompliant%20owners:

"If authorized by the governing documents, an association may levy fines for violations of a community’s declaration, bylaws, or rules. Tex. Prop. Code § 209.006."

But I do not see how TPC 209.006 says what the web site says. The hopb.co/texas site may be outdated crap.

If the OP's Declaration's wording is similar to that given in the 2013 thread, then I think all bets are off with regard to fines (as JohnC46 also observed back in 2013).

I tend to think the statutory last word on this derives from a number of the sub-sections in TPC 204.010 "Powers of Property Owners' Association." I think a fair interpretation of the latter is that, if either (a) fines are not explicitly mentioned in the CC&Rs or Bylaws, or (b) the CC&Rs indicate fines may not be used, then fines are not allowed.
ConchoP
(Texas)

Posts:138


07/19/2020 6:32 PM  
I apologize, after reading it seams ad though I'm not sure if we are under declarint control. We have the bank account, we have elected our own board. The developer keeps adding section because we are a phased community and has not set the sections. We are in the county not in the city limits
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