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"Special respect for individual liberty in the home has long been part of our culture and law."
- recognized by the United States Supreme Court in City of Ladue v. Gilleo, 512 U.S. 43, 58 (1994).

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Homeowner Rights in Texas HOAs:

Subdivisions, Townhomes & Condominiums

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Homeowner Rights in Texas HOAs:→Author David Kahne - Page 2 << 1 2

Author Archives: David Kahne

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Homeowners Gain Rights To Have Standby Electric Generators (HB 939)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

  Both in subdivisions and condominiums, homeowners now have rights to install and use standby electric generators (a defined term). 202.019 (a & b).  However, associations have a fairly large number of categories in which they can regulate. 202.019(c). The … Continue reading →

Posted in 2015 Statutes

Long-Aged Convictions No Longer Disqualify Subdivision Directors (HB 1072)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

  Previously, conviction of a felony, or crime of moral turpitude, barred homeowners from being directors.  Now, that bar disappears 20 years after the conviction. 209.00591(b).

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Posted in 2015 Statutes

Community Gardens Gain Immunities From Liability (HB 262)

Homeowner Rights in Texas HOAs: Posted on September 13, 2015 by David KahneSeptember 14, 2015

  Subdivisions and condominiums (among others) now can avoid some liability for land “used for recreational gardening by a group of people residing in a neighborhood or community for the purpose of providing fresh produce for the benefit of the … Continue reading →

Posted in 2015 Statutes

Landlords Gain Some Privacy From Subdivisions (HB 2489)

Homeowner Rights in Texas HOAs: Posted on September 12, 2015 by David KahneSeptember 12, 2015

  Chapter 209.016 now protects privacy of certain information relating to leases of homes in subdivisions.  It also limits the rights of subdivisions to exclude certain tenants based on a consumer or credit report.

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Posted in 2015 Statutes

More Homeowners Gain Rights To Install Solar Energy Devices (SB 1626)

Homeowner Rights in Texas HOAs: Posted on September 12, 2015 by David KahneSeptember 12, 2015

  Chapter 202.010(f) now allows homeowners in subdivisions and condominiums to install solar energy devices in residential units, if there are more than 50 lots.  Residential units are limited to single family homes and separate living units in a duplex, … Continue reading →

Posted in 2015 Statutes

Chapter 209.0042 Allows New Forms Of Notice For Subdivisions (SB 1168 §7)

Homeowner Rights in Texas HOAs: Posted on September 12, 2015 by David KahneSeptember 14, 2015

This new statute allows subdivision associations (not condominiums) to develop new ways to give notice to homeowners.  However, there are two important limits:  if existing law prescribes how notice must be given for some purposes, the association can use a … Continue reading →

Posted in 2015 Statutes

Homeowners Have Rights To Get Important Documents

Homeowner Rights in Texas HOAs: Posted on September 11, 2015 by David KahneSeptember 11, 2015

Strong laws protect our rights to get documents from local governments.  This used to be known as the Open Records Act, and now is called the Public Information Act.  See the Texas Government Code 552.001.  This currently applies in a … Continue reading →

Posted in Existing Statutes

Subdivisions Should Put Important Documents on the Internet

Homeowner Rights in Texas HOAs: Posted on September 11, 2015 by David KahneSeptember 11, 2015

Texas Property Code 207.006 states as follows:  “A property owners’ association shall make dedicatory instruments relating to the association or subdivision and filed in the county deed records available on a website if the association has, or a management company … Continue reading →

Posted in Existing Statutes

Time to Plan for 2017 Legislature

Homeowner Rights in Texas HOAs: Posted on August 31, 2015 by David KahneAugust 31, 2015

The HOA Reform Coalition will hold its 2015 Conference on October 24, in Houston, Texas. The focus will be to start planning for the next Legislative Session. Lawyers and property managers for associations already have been heard to call for … Continue reading →

Posted in Announcements | Tagged HOA Reform Coalition

Fight for Homeowners

Homeowner Rights in Texas HOAs: Posted on August 5, 2015 by David KahneOctober 22, 2022

Many homeowner associations just don’t get it. Whatever they call themselves — HOAs, POAs, CIDs – all subdivisions, townhomes, and condominiums should exist to serve homeowners. But, too often, the boards, managers, and their attorneys act as if homeowners exist to serve associations. And, too often, associations abuse bad laws to sue homeowners.

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Texans need better laws to protect homeowners. Many of our subdivisions and condominiums need improvement. Both can be accomplished if property owners join together for advocacy at the Legislature and in their associations. For most legislative work and general policy development, I volunteer with the HOA Reform Coalition of Texas, and other good groups exist across Texas. If you want better laws and better communities, now, please join here, and please share your thoughts, concerns, and success stories!

Overview of 2021 Laws

In 2021, Governor Greg Abbott signed an important set of new statutes, several of which are quite helpful. Other statutes, while incomplete, show a potential for good laws in the future. Read my evaluation of how the new laws help (or hurt) homeowners.

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The following DISCLAIMER is important. I offer this web site, and blogs, to express opinions that I hope help homeowners. These legal opinions are not guaranteed in any way: (1) it is always possible that some courts will not agree with my interpretations -- some courts (in my opinion) unduly protect associations at the expense of homeowners; (2) in any dispute with an association, the outcome depends in significant part on governing documents and details of facts that vary widely; and (3) I may change my mind as I learn more. Therefore, this web page does not offer specific legal advice for any individual, and reading it does not make you my client. If you want to learn specifically about your rights – how the law or your association’s governing documents may affect you – or if you may want to sue a homeowners association, or if you have been sued by your subdivision, townhome, or condominium, I urge you to seek a lawyer to evaluate your personal situation. Most lawyers, myself included, will want a signed agreement (called a retainer) before they provide advice specific to an individual person or family.
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