Sort of. In general, federal law is made supreme by the Constitution. There can be complexities when interpreting supremacy, because courts have various doctrines (such as abstention) when sometimes it can seem like state law is more important, or that state law influences how federal law is applied. Generally, the next most important is state law, followed by local statutes (City and County Codes, for example). But, there can be confounding issues here too. There are multiple (sometimes conflicting) principles that can be argued to decide which statute is more important, if they conflict. Among governing documents, a plat or plan can be the most important, followed by the declaration (also known, e.g., as CCRs or deed restrictions), which is more powerful than the the articles of incorporation (AKA certificate of formation), which is more powerful than the bylaws, which are more powerful than rules. But, there is at least one circumstance where bylaws can be more important (concerning the number of directors) than the articles of incorporation (because of state law).

Unfortunately, the more difficult question can be to determine whether there is a conflict between laws (including common law) and/or governing documents. The alternative is that, in some cases, the courts try to harmonize potentially conflicting laws and/or governing documents. Some laws have limited applicability (determined either by geography or time of creation). Also, lack of clarity is a significant part of what gives lawyers work, and often the resolution of disputes depends on how courts interpret whether there is ambiguity, conflict, or some or issue affecting different interpretations. Ultimately, the resolution of disputes often cannot be determined by abstract application of general principles, but instead depends on facts and circumstances involved.

I almost always advise homeowners to pay their assessments. If you do not, you can be sued. If you are sued, and lose, in addition to the assessment (which may be modest in amount), you typically will be forced to pay attorney fees -- which can be large.

If you want to challenge the association’s wrongdoing – including, but not limited to unauthorized assessments -- I urge you to get a group together. You are then more likely to persuade the board or, if you must go to court, you have more owners who can persuade the Judge or Jury, and more people to share costs. If you are alone, you can become the next target (as in Whack-a-Homeowner).

Probably none. None are required to help. I have, only a couple times that I recall, heard of a Texas District Attorney looking into allegations of fraud, including one prosecution that succeeded. In other states, notably Nevada, there have been prosecutions. So, there's no harm trying to interest them, if you have supporting facts.

Unfortunately, some government lawyers feel it's their job to support associations and condominiums. Too often, they sue homeowners. This is one of the many inequities in the "system" today. To change this, we need to educate public officials to protect homeowner rights.

If you qualify, you may be able to get a free lawyer from one of the following civil legal aid programs:

• Legal Aid of Northwest Texas - serves the Dallas/ Ft. Worth area and Northwest Texas.
• Lone Star Legal Aid - serves the Houston area and East Texas.
• Texas RioGrande Legal Aid - serves the Austin/San Antonio area, El Paso area, and South Texas.

For veterans, in addition to the above three programs, you may be able to get help at Texas Lawyers for Texas Veterans. For older Texans, in addition to the above four programs, you may be able to get help at https://elder-law-texas.com. There is also TexasLegalAnswers.org, (get civil legal questions answered by volunteer attorneys,  TexasLawHelp.org  (some forms and other information) and TexasCourtHelp.org - A website with general information and videos about making your way through the court system. Law schools also have clinics that may offer help in various situations.  There is a more comprehensive Referral Directory for Low-Income Texans published by the State Bar of Texas. If you learn of places to recommend, please click here to let me know. If you make too much money for legal aid, it is still possible that a private lawyer would take a case without charging you, or for a reduced rate. I have done such pro bono work, as have other lawyers, where a group of homeowners get hurt particularly badly – but this is rare. Most of my volunteer work is on efforts to improve laws for homeowners. I earn my living by asking clients to pay for my time.

You ask, usually best done in writing, using certified mail. There are several different statutes that can be involved, described here. If the association refuses, you may need to sue. I know that's not fair, and creates a real barrier to homeowners getting information they deserve to know. The associations know that too, especially about the barrier.

You can ask, but they are not required to tell you. Some HOAs will take anonymous complaints. When they can prove what the complainant is alleging (example: The grass is too high.), it’s not an issue. It can become a problem if the HOA sends a violation notice for something that can’t be proven after the fact, like loud music or too much traffic at an alleged home-based business. If someone accused you of this, you probably want to know who heard the music or saw the traffic. While you may not be able to get the HOA to tell you, if your case goes to court, they would likely have to disclose the name of the person so you can fairly defend yourself.

Texas Property Code 209.007 says, “the owner has the right to submit a written request for a hearing to discuss and verify facts and resolve the matter in issue.” That hearing must be held within 30 days of the owner’s request, and the HOA must tell the homeowner when the hearing will be within 10 days of the request.

Under the current rules, these meetings can be very superficial. Even if you get one, you may not get the answers you are seeking. However, beginning September 1, 2021, under Property Code 209.00505, owners will be able to request a hearing before the HOA board (not just a subcommittee like an Architectural Control Committee) that has some very specific rules. The HOA will have to present its evidence first of your violation and explain what you can do to fix it.

Yes. Homeowners are entitled to financial information from the HOA, including information about pool operations and newly constructed facilities.

There are special statutes that help homeowners get such information if the HOA refuses. See Property Code 209.005. There is also going to be a similar law for condominium owners starting in September. See Senate Bill 318, and Property Code 82.114(b).

When homeowners call with such questions, I advise them to be part of a group. That makes it more likely to get the information, less likely to face retaliation (which is too often a risk), and - if they must go to court - more likely to win.

In general the answer is “no,” you cannot be made responsible for areas that you do not own. Some HOAs disagree about sidewalks. Usually, those disputes concern uneven sidewalks. It may depend on your deed restrictions. I’ve had a couple of cases on this and, so far, they’ve settled favorably.

In this case, I would say, pull the weeds out of the cracks. But, I should note, some HOAs don’t enforce that rule fairly.

In far too many cases, HOA attorneys charge homeowners far too much in fees. The law requires all such fees to be both “reasonable” and “necessary.”

Homeowners face significant difficulties enforcing limits on attorney fees, however, because they cannot afford to fight over fees in court. Usually, there is no other practical way to limit what HOA attorneys demand in payment.

We have proposed legislation that would create a much simpler way to resolve such disputes, using Small Claims Court, also called Justice Court. Under our proposal, associations would get all the money they may be owed, and homeowners would not be forced to pay excessive fees.

JPs have expressed support for improving the better system. We will be trying again next session.

Homeowners who want to help on this issue, and many others, can contact the HOA Reform Coalition of Texas.

Selective enforcement can be unlawful, just like civil rights violations. The federal and Texas Fair Housing Acts provide some ways to challenge discrimination. Texas Property Code 202.004(a) recognizes that HOAs can act unlawfully when they are arbitrary, capricious, or discriminatory. These cases are important, but can be difficult to prove.

Often board members maintain power when quorum is not met at an annual meeting. Texas Property Code 209.00593(d), which applies to subdivisions, but not condominiums, enables boards to amend bylaws and reduce quorum requirements “to provide for elections to be held as required by Subsection (a)” of the same statute.

In Texas, condominiums are given power to impose fines by statute, in Property Code 81.102(a)(12), subject to some limitations. No such power has been expressly given to subdivisions. Even Property Code 204.010(a), which covers only a small part of Texas, does not give that power expressly.

Some associations have argued that they obtain this power in some implied way under statutes such as Property Code 204.010(a)(20 or 21). I do not believe that argument is valid, and agree with what I think is the widespread view that a subdivision’s power to fine must be in its governing documents, or it does not exist. The question of what an association’s governing documents allow cannot be answered in the abstract, it depends on what the governing documents state.

Fines are among the most abused powers of associations, and should be strictly limited if not eliminated. Our Nation recognizes the principle of separation of powers, but Associations here act as the Legislature (deciding what may merit a fine), Executive (charging owners with violations), and Judiciary (deciding who pays, and how much). We have spent several sessions in Austin trying to cut back on fines, and will continue to do so.

This question gets asked frequently, but does not have an easy, clear answer.

With respect to deed restrictions, in general, the statute of limitations is 4 years. What this can mean, for example, is that if you built something more than four years ago, the association cannot force you to remove it. Until then, however, the association may be able to do so.

There are, however, circumstances where the association cannot enforce deed restrictions at all because of, for example, waiver. The waiver doctrine with respect to deed restrictions is (or at least can be) complicated.

There also are circumstances where the association must take action in less than 4 years, such as if the association adopts a policy to “grandfather” certain features that have been in place for 2 years, or if the association is seeking to enforce tort law. There are circumstances where the association has more than 4 years to act, such as against hidden activities if a discovery rule applies. Additional complexity can arise if there is on-going activity.

There also can be difficulties enforcing the statute of limitations because, for example, difficulties in proving what happened with no paperwork.