"It's clear to me that while homeowner's associations are valuable things have just gotten out of control with some of them." said Solomons

March 07, 2009

By Barbara Hogan (View author info)

In past sessions of the Texas Legislature, State Rep. Burt Solomons has been a champion for homeowners' rights. This session he filed 3 comprehensive bills that, if enacted, would:

1) allow Texas voters, in November 2009, to vote on amending the Texas Constitution preventing HOA foreclosures on homestead properties,
2) eliminate non-judicial foreclosure,
3) give homeowners the right to file suit against an HOA and collect damages if the board acts outside of the law or the governing documents,
4) give homeowners the right to collect attorney fees if the homeowner prevails regardless of who files the suit
5) prohibit the HOA's right of entry on private property,
6) prohibit HOAs from enforcing restrictions added after the home is purchased,
7) eliminate an HOA's right of first refusal,
8) prohibit HOAs from enforcing restrictions against solar energy devices,
9) prevent HOA boards from amending bylaws to expand board powers,
10) require 51% approval of all homeowners in HOA to amend governing documents,
11) require notice of and establish open meetings for HOA board and committees and require written minutes to be published,
12) void HOAs' right to prohibit voting privileges,
13) prohibit proxy ballots,
14) require written notice to all homeowners of election or vote,
15) require HOAs to contract with county agent to tabulate votes,
16) require HOAs to file voting results with the county clerk,
17) prohibit requirements for board members, with exception of conviction of moral turpitude,
18) establish a priority of payments from homeowners so past and current dues are paid first,
19) require HOAs to establish and offer an alternative payment schedule when homeowners become delinquent,
20) repeal HOAs' right to fine homeowner $200 per day per violation,
21) require full disclosure of documents governing an HOA be provided to prospective home buyer,
22) prohibit restrictions against homeowner from parking vehicles on public street or in owner's driveway,
23) allow HOAs up to 10 years to file action against a homeowner.

These bills would give Texas homeowners a fair playing field when dealing with their HOA board and their agents, the HOA attorney and management company. Every Texan should write their legislator in support of HB1976, HB1977 and HJR76. Texans must show up in-force when hearings for these bills are held at the state capitol in Austin to let legislators know how desperately these amendments are needed to protect homeowners.

The proposed amendments fall in line with the recently published "A Handbook for Texas Legislators Relating to Homeowners' Associations Issues" written by long-time homeowner rights advocate Barbara Hogan. Ms. Hogan delivered a copy of her handbook to all Texas legislators earlier this year. Her complete handbook can be found at www.TexasHOAissues.com.

While other homeowner advocates are looking for pie in the sky reform, Representative Solomons has reduced the problem of HOA abuse to a few salient points which, when enacted into law, will serve to take HOA governance to a new level of sanity, legality, fairness and common sense.

Links:
1. Press Release from Representative Burt R. Solomons introducing his bills.
http://www.house.state.tx.us/news/release.php?id=2564
2. House Bill 1976.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1976
3. House Bill 1977.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HB1977
4. House Joint Resolution 76.
http://www.capitol.state.tx.us/BillLookup/History.aspx?LegSess=81R&Bill=HJR76