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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:→Categories Sticky Post

Category Archives: Sticky Post

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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Let's Get Organized!

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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