Wave your flag in the air

Brandon Alderete | Consumer columnist

Jul. 27, 2011

Most homeowners associations are well-run and provide great benefit to residents through their amenities environment. It’s not hard, however, to find stories about seemingly one-sided disputes between HOAs and homeowners. To be honest, some of the reports, like tales of foreclosure or huge, unannounced assessments, are upsetting.

Property owners who have problems with an HOA may feel overmatched … and rightly so. Many HOAs have specialized legal teams and deep pockets.

But, there are groups fighting for HOA residents’ rights. In fact, with all the hullaballoo about education, the state budget, TSA pat-downs, and Gov. Perry’s possible presidential run, you may have missed some significant pro-consumer HOA reforms. Here are three examples:

Among other things, HB 1228 establishes new priority-of-payment terms, enabling homeowners to pay off assessments and dues before attorney fees and fines. This new law diminishes the accrual of late fees while payments are being made.
HB 2869 eliminates non-judicial foreclosure on HOA liens. An HOA can still put a lien on a home and foreclose, but now the case must go to court.
New legislation restricts HOAs’ ability to ban certain items, like religious displays (HB 1278), flags (HB 2779), rainwater-collection systems (HB 3391), and solar panels (HB 362).

The laws passed in this year’s Legislature are not a cure-all for abusive homeowners associations, but let’s recognize these efforts for what they are: an effort to find the balance between community standards and private-property rights.

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