Texas REALTORS® is advocating for issues to protect homeowners during the 2021 legislative session, including bills that seek to bring transparency and accountability to homeowners associations.
What’s the Issue?
Homeowners associations provide many benefits and value for communities; however, HOAs also have significant, often unchecked, power over their current and potential residents.
Texas REALTORS® joins homeowners seeking reforms to ensure all Texans who live in managed communities receive the same level of transparency and access provided in well-run associations.
HOA Bills in the 2021 Legislature
Your Texas lawmakers are considering a wide range of bipartisan HOA reform bills at the state Capitol, including Senate Bill 1588.
These bills would make several pro-homeowner changes:
- Limit how much an HOA and/or HOA management company can charge for a resale certificate fee. There is currently no limit.
- Provide HOA members with an appeal process to resolve disputes with the HOA. There is currently no appeal process required.
- Increase transparency by requiring HOAs to post their managing documents, meeting notices, agendas, and minutes online for members to access. This is not currently required.
- Require HOA management certificates to include a phone number, email address, and website. This is not currently required.
- Create a publicly accessible statewide database of HOA information. No such database currently exists.
These REALTOR®-supported bills would ensure HOA operations are transparent, resident-friendly, and provide an appropriate balance between private property rights and agreed-upon community standards.
Where to Tell Your HOA Story
The association is advocating for this legislation, but your experience can help show lawmakers the scope of issues Texans are facing with HOAs.
Visit myhoastory.com to share your experience with HOAs in Texas. You can record or upload a video, record audio, or write remarks that will be submitted to Texas REALTORS®.
Your story—in your own words—can help hold HOAs in Texas more accountable.
Legislative Advertising by Texas REALTORS® | 1115 San Jacinto Boulevard, Suite 200 | Austin, TX, 78701 | Travis Kessler, CEO
Finally!!! This is way overdue. Next, would love to see something done for builder regulatory.
How about competitive title insurance too!
Title insurance premiums are already regulated by TDI. Unlike other insurance premiums, title premiums were reduced in 2019 because of the great work title companies do in reducing and eliminating risk in this industry. In what way are you wanting title insurance to be competitive?
Recently, last week to be exact, we were closing a transaction in a condominium association. Before placing the property on the market I reached out to the Association Manager to determine the transfer fees and if there was a capital contribution. The Association Manager couldn’t answer the question. I then, on my own dime, paid for the resale certificate (again prior to putting the property on the market) to insure that we had the information prior to writing a contract. After that payment we were provided a partial packet of information that did not include the resale certificate. Three days… Read more »
I’m happy this a topic of discussion, but hardly feel this is barely scratched the surface of legislature that would be beneficial to homeowners. I am a proponent of HOA’s and understand they have a specific role, however they have way too much authority and there often little ROI. While property taxes continue to rise, property owners do not need additional burdens- which is what my HOA has become. I’ll give a quick example; the hoa we pay decided to show they are monitoring my community buy issuing citations to everyone had potted plants in front of the their homes… Read more »
Some HOA’S provide no amenities and charge excessive fees and then harassment of owners when they right coronations of the wrong property and add excessive fees on top of dues. They let people buy investment properties to rent and then they don’t turn over the HOA for years to home owners because they don’t fully develop housing areas to years later. I think they should be restricted on how long builders can have a majority say over the HOA.
I have a question for you all regarding HOA authority in Texas: I own a rental property in McKinney, TX (with an HOA unfortunately), and have been renting it out for 10 years now. Over the last 2 years (and supposedly passed by the HOA Board in 2017), they are requiring a copy of a lease and a background check on the tenants annually for approval (and they only allow 1 year leases). Which after doing more research recently (and especially after the recent TX legislation), isn’t this illegal for the HOA to approve/deny/screen tenants, under Texas House Bill 2489… Read more »
I have been in a legal battle with our POA for over 5 years about their responsibility to maintain a common areas / Lake in this development. Their defense is that its not a common area because its a restricted lake to only adjacent land owners so they are not required to fix, maintain or repair the lake, because it doesn’t benefit all members. Layne Ladner vs Mountain Lakes ranch. I was just informed that the Appeals Court of Amarillo granted the Summary Judgement from the Erath County Judge. So we have lost the case. My only recourse is to… Read more »
apparently this web site isn ‘t active