Many communities in the Houston area have a homeowner’s association (HOA). An HOA is a good way for a neighborhood, including single-family developments, townhomes, and apartments, to ensure that their neighborhood stays nice and that there are guidelines in place. Record-keeping is one of the foundational duties of an HOA and there are certain documents that should be created and shared with homeowners.
- Articles of incorporation: This document lists the date the association was formed, the purpose of the organization, and the official location of the HOA.
- Bylaws: Bylaws list out the board functions, board member elections and officer duties.
- Operating rules & procedures: These are the rules and regulations that concern daily operations of the properties. This includes parking restrictions, amenity hours, what restrictions there are for building on a property, acceptable paint colors, etc. It will also list how these restrictions are enforced and the penalties that may be imposed.
It is important for an HOA to have these documents provided to all their residents. These documents give the residents a full understanding of how the HOA works, what restrictions are in place and what penalty they may receive if they choose to violate a restriction. Providing this documentation helps remove any potential discrepancy if a board interprets the operating rules different than a resident.
An attorney who specializes in HOA management can help create these necessary documents and represent their client when any issues arise between the resident and the HOA. They are skilled in Texas law, including the Texas Residential Property Owners Protection Act, the Texas Uniform Condominium Act, and federal laws pertaining to property owner’s associations.