Homeowners' associations in Texas enforce their bylaws and deed restrictions, and can levy assessments against homeowners who fail to pay dues or violate the bylaws or deed restrictions. Recent news stories and other publications outline the powers of homeowners' associations, and explore bills introduced in the 82nd Legislature that would limit some of the powers of homeowners' associations. Some powers particularly of interest lately have been related to homeowners' associations' ability to foreclose and their ability to restrict the use of solar panels.
Bills filed in the 82nd Legislature related to homeowners' and property owners' associations can be found under the subject Property Interests--Property Owners Association. To view a list of bills related to homeowners' associations' ability to foreclose on assessment liens, use the bill search feature of the Texas Legislature Online and select subject criteria: Property Interests--Property Owners Association (I0618), and Property Interests--Mortgages & Liens (I0605). To view a list of bills related to homeowners' associations' ability to restrict the use of solar energy devices, select subject criteria: Property Interests--Property Owners Association (I0618), and Energy--Solar (I0316).
The August 12, 2010 issue of Interim News from the House Research Organization examines the authority of homeowners' associations in Texas.
A news story from Austin ABC affiliate KVUE explores homeowners' associations power to foreclose.
The Dallas Morning News reports that a homeowners' associations reform bill, SB142, has been approved in the Senate Committee on Intergovernmental Relations.
The Legislative Reference Library recently added to its collection the Texas Homeowners Association Law: The Essential Legal Guide for Texas Homeowners Associations and Homeowners by Gregory S. Cagle, published in 2010. The book covers laws governing the administration and operation of homeowners' associations in Texas.
The Real Estate Center at Texas A&M University offers a handful of informative documents related to the powers of homeowners' associations and how the Texas Legislature has limited these powers in recent sessions:
- "Creating, Changing, Extending Deed Restrictions." (Revised December 2009)
- "POA Legislation Protects Buyers." (Revised December 2009)
- "Legislature Limits POA Power." (Revised January 2010)
Current law on homeowners' associations in Texas is in Title 11 of the Texas Property Code.