Lot owners and any occupants of homes within an association are legally bound to comply with the restrictions and covenants stated in the declaration. Code § 202.006(b).Īlong with describing the duties and powers of the board and officers, a declaration sets forth the association’s restrictions and covenants, the manner in which HOA voting and elections occur, the process for calculating and collecting assessments, and any restrictions on the powers of the board or association. A declaration does not become technically effective until it is filed in the land records. Most communities provide for annual terms.Īn association’s declaration is recorded with the county land records of the county in which the HOA is located. Eligibility criteria and duration of terms for officers and board-members are usually set forth in the declaration, bylaws, or articles of incorporation. Code § 209.002(4).Īn HOA’s corporate structure is governed by its articles of incorporation, a legal document prepared when the association organizes as a corporation and registers with the Texas Secretary of State. An HOA board is also empowered to adopt rules for the administration of the community. Code § 82.103.ĭuties and powers of an HOA’s board, granted under the TPC and the community’s declaration, include enforcing covenants, adopting budgets, assessing and collecting member fees, appointing of agents to act on the association’s behalf, maintaining of commons areas, and acting on behalf of the association in legal matters. Officers and directors have a fiduciary relationship toward members and the HOA and must therefore act reasonably within the association’s and members’ best interests and avoid self-dealing or conflicts of interest. Code § 209.00591(c).Īn HOA’s board appoints officers to carry out the board’s duties and powers and to otherwise act on behalf of the association. If provided in the declaration, the developer can appoint board members while the community remains in the development phase, but not longer than 120 days after 75 percent of homes in the community have been sold to an owner other than the developer or a commercial home-builder. Texas associations are administered by a board of directors (or just “board”) elected by homeowners in accordance with the association’s declaration of covenants (“declaration”) and bylaws. How are Homeowners Associations in Texas Governed in General?
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