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Originally Posted by MichelleCannon
5 new rights for property owners in HOAs in Texas
Nearly 20% of Texans live in neighborhoods that have homeowners associations (HOAs), and new laws that went into effect earlier this year have provided more rights to those property owners regarding the use of their property.
Here are five property-related upgrades or additions that HOAs can no longer prevent homeowners from doing:
1. Install a solar-energy device on the property.
2. Install and use rain-harvesting devices.
3. Display certain religious items on the entry of the property.
4. Install roof shingles that are wind and/or hail resistant, energy efficient, or solar generating.
5. Fly the U.S., Texas, or a branch of the U.S. armed forces flag.
Each of these rights apply to condos as well. It’s important to note that a homeowners association may place some parameters on these rights.
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"parameters" is an understatement.
The "religious display" act was actually an
enabling act purporting to allow HOA boards and management companies to enter your property to remove a religious display by force unless the display was confined to 25 square inches and located solely on your door or doorframe. That size limit is equivalent to 1/4 of a single sheet of 8.5"x11" paper. You can bet that you will be hearing about boards and management companies trying to fine and extort money from homeowners for seasonal displays such as a nativity scene. You are also going to hear about board members and management companies entering onto homeowner's properties to forcibly remove (i.e., steal) displays that aren't 25 sq in or less and confined to your door or doorframe. See Tex. Prop. Code §202.018
The restrictions ("parameters") that can purportedly be imposed on flags, solar-energy devices, rain-harvesting device, and the U.S. and state flags just illustrates that these "rights" are set up as little more than a fee generating scheme to benefit the HOA attorney and management company in terms of dollars and an ego-building scheme for board members. These "rights" are found in Tex. Prop Code §202.
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