Law Office of Ashleigh Musselman, PLLC

Holiday Decorations and the HOA

Mon, 01 Dec 2025 14:36:05 GMT

It is time to put up holiday decorations!! I love this time of year! The week of Christmas, my family and I go out and look at all of the holiday decorations and lights. But, what about the HOA? Some HOAs, that have the budget for decorations, might put up lights and bows in the HOA common area. Most HOAs hire someone to put and take down décor. I am sure a lot of people wish they could hire someone for their own personal decorations.

No one wants to get that dreaded letter from the HOA stating that they need to take down decorations. No HOA wants to be considered a scrooge at the holidays either. I read an article from 2019 where a Texas HOA asked a couple to take down their holiday decorations because they were installed too early. The mother was pregnant with their third child and they needed to put the decorations up early because she was due to have her baby a month later. Oops! I think that whole situation could have been avoided if both parties communicated with each other. Here are some tips regarding how to avoid those uncomfortable situations.

Draft guidelines if the declarations allow for it. In those guidelines, the HOA can set a timeline for when decorations can be put up and when they need to be taken down (be reasonable!). The guidelines can also address any nuisance concerns (such as lights and other noisy or distracting decorations that can cause issues).

Don’t limit the types of decorations or the subject matter. Limiting some colors or certain types of decorations used in specific religions or cultures can actually open the Association to liability. Using specific identifying words in any guidelines can alienate homeowners. The Association should air on the side of caution when prohibiting decorations and the wording should be broad enough to include everyone.

Lastly, communicate with each other! If there are decorations that are causing issues, talk to neighbors about it. If you want to install decorations before the guideline dates, call the HOA or management company. Give them the reason why early installation is needed. The point is to be inclusive and keep the Association safe and happy. I hope everyone is safe and happy during the holidays!

HOA 101: Temporary Restraining Order/Temporary Injunction

Mon, 01 Dec 2025 14:35:02 GMT

Animals in the HOA: Feral Hogs

Mon, 01 Dec 2025 14:34:12 GMT

HOA 101: Mediation

Mon, 01 Dec 2025 14:33:27 GMT

HOA 101: Reserve Studies

Mon, 01 Dec 2025 14:32:16 GMT

It never fails. A HOA has major goals for the year, but how much money will they spend? How can the HOA even achieve those goals? Who is going to build the thing they want, or will the Board of Directors raise assessments? What if the HOA doesn’t even have goals? How do they figure that out?

A reserve study is a mechanism to determine what the association’s goals might be and how the association may pay to accomplish those goals. The association must create a budget every year to determine the needs of the association and a reserve study can help the association finalize the total numbers of the budget.

A reserve study may also be the only way to determine when vital components of the association need to be replaced. Replacement and maintenance could be the most important part of the association’s duties. A condominium association that has increased responsibilities in the infrastructure of the building or buildings will likely be doing reserve studies regularly. If maintenance is not regularly done, the condominium association can see catastrophic outcomes (even fatal) as seen in Florida after a condominium building collapsed.

Reserve studies do not cost a significant amount of money (depending on the common areas and whether the association is a condominium or residential subdivision). In Texas, there is no requirement for annual or regular reserve studies. Some states have requirements that HOAs perform reserve studies every three or five years. Some statutes dealing explicitly with condominium associations discuss reserve studies but no statute specifically requires it be done. This may change after the building collapse in Florida. Regardless of future requirements, reserve studies do help the association have a broad overview of what needs to be done, how much it will cost, and how much the association already has in their operating account or reserve accounts.

Solar Panels – HOA Rules

Mon, 01 Dec 2025 14:31:22 GMT

Under the Texas Property Code, Associations cannot restrict a homeowner from installing solar panels. But, they can restrict the types of materials used in installing solar panels and the location of the solar panels. There has been an increase in the use of solar panels and the need for clean energy. How is that going to affect the enforcement of deed restrictions and the ability of the HOA to place reasonable restrictions on the use of solar panels?

The Inflation Reduction Act was passed by the legislature to help consumers with the installation of solar panels, which can be quite high. Homeowners can add 30% of the cost of installing solar panels as a credit on their tax return. This is a huge incentive to homeowners to install solar panels on their homes.

Under 202.010, the association is extremely limited in restricting solar panels. But, the association can implement policies on the material and placement of solar panels. In addition, if the installation of solar panels is a public safety issue, the association can restrict the installation. Even if limited on restrictions, the homeowner must still submit an application to the association to detail where the solar panel is going to be placed and how the installation will occur. But, the association or architectural control committee cannot withhold approval if the code section requirements are met or are far exceeded. A developer may prohibit solar panels when in a development period there are fewer than 51 planned residential units.

Regardless of how the residents feel about clean energy, climate change, or solar panels specifically, HOAs need to be familiar with how solar panels are installed and the consequences of moving panels or the materials involved in installing solar panels.

HOA Books and Records

Mon, 01 Dec 2025 14:29:47 GMT

HOA 101: Ballots

Mon, 01 Dec 2025 14:29:00 GMT

TCEQ and the HOA

Mon, 01 Dec 2025 14:28:13 GMT

I read an article recently about the drought here in Texas. Some HOAs in Texas have bodies of water located within the HOA. I have also detailed in these educational articles and videos what a municipal utility district is. But, who is the TCEQ? How is this institution connected with HOAs and MUDs? Some of you may not even know that this institution exists.

TCEQ stands for Texas Commission for Environmental Quality. The TCEQ answers to the Governor of Texas and has six different offices – Office of Administrative Services, Office of Compliance and Enforcement, Office of Legal Services, Office of Air, Office of Waste, Office of Water. So, the TCEQ is a regulatory agency which was created to protect the right of access to natural resources (mainly surface water). The latest version of this agency was created in 2002 but earlier versions were the Texas Board of Water Engineers which was established in 1913. In 2011, sunset legislation continued the TCEQ until 2023 and this agency will be further reviewed by the Texas legislature to determine its efficiency and purpose.

In short, the TCEQ makes sure that citizens of Texas and the State of Texas protect ground water for generations to come. What if a HOA has a body of surface water located in the boundaries? Most likely the HOA is also located in a MUD. The MUD is a governmental body that is regulated by the TCEQ. Natural bodies of water are essential to wildlife and the health of the environment. Most HOAs that have lakes or ponds (some even have dams!) want to fish and enjoy the natural aesthetic within their parks. It is interesting to see how water is protected behind the scenes. Riparian rights will change and be more important as time passes because of droughts and the increased use of water with increased development.

In the article I read recently, the author focused on aquifer mining. Aquifer mining has not been used for residential use but only for irrigation of crops. Because of the drought and increased water use, aquifer mining will be required in the future. Springs and groundwater come directly from these aquifers. So, it is vital to protect the source. Currently, there are nine major aquifers and twenty two minor aquifers. The biggest aquifer is the Ogallala aquifer and was formed about 2 to 6 million years ago. It spans from South Dakota to Texas.

I hope this gives you a little information on water and the HOA. This article only briefly skims the surface regarding the issues as it pertains to ground water in Texas. There are so many great resources on the TCEQ website!

HOA 101: Special Meeting vs Regular Meeting vs Annual Meeting

Mon, 01 Dec 2025 14:27:12 GMT

Condo Association vs Residential Association

Mon, 01 Dec 2025 14:25:01 GMT

How HOA Bill Becomes Law

Mon, 01 Dec 2025 14:24:09 GMT

Ever wonder how a bill introduced to the legislature becomes law??

How Important is the Annual Meeting?

Mon, 01 Dec 2025 14:23:19 GMT

What if a director on the Board of Directors decides that the association won’t hold an election and annual meeting? What are the consequences?

Annual meetings, as their name suggests, is a meeting called once a year. In that meeting, members vote on association business that requires a membership vote (amendments to dedicatory instruments and elections, etc.). But, are HOAs required to call an annual meeting? Yes, a resounding yes.

There are two code sections that deal with this subject. Texas Business and Organizations Code §22.154 and Texas Property Code §209.014. 22.154 states that the nonprofit corporation must call an annual meeting. 209.014 states that the association must hold an annual election.

Under the Property Code, if an association does not hold an election, the membership may demand that the association hold an election in writing. If the association still does not hold an election as demanded, the membership can then move forward with appointing an election committee and hold their own elections. This action can essentially force the association to have a new board of directors which will force out the “original board of directors”.

209.014 is very specific in its requirements. The code section needs to be followed with intention to be effective.

The Bylaws must be followed, or the association may be at risk of falling to the code sections referenced above. Annual meetings and elections are essential to the association conducting business. These code sections were drafted and passed for a reason. Members need to elect representatives that reflect what the membership wants as it pertains to the association.

Guns and HOA Common Property

Mon, 01 Dec 2025 14:21:49 GMT

What do the HOA Open Board Meeting requirements actually mean?

Mon, 01 Dec 2025 14:20:58 GMT

I read about the government’s open meetings act about every other week. Government entities have very strict requirements about what can be said and done outside of a meeting. Why? Because the state of Texas wants the public to hear what is being considered and how the issues are being handled. They don’t want decisions being made in secret or behind closed doors. It is a really important part of our democracy. In fact, local politics are, at least in my opinion, are the most important process in our democracy. But, I digress. Do HOAs have the same requirements? The short answer is no.

HOAs are not governmental entities. We will talk more about this in the coming weeks, but some people think they should be. HOAs are generally nonprofit organizations. The members and the board of directors (along with some vendors) are the only individuals that are showing up to meetings. For governmental entities, the meetings are open to the public.

Under Texas Property Code §209.0051, meetings where “deliberation between a quorum of the voting board…or between a quorum of the voting board with another person” must be in an open meeting when discussing very specific subjects. For example, if the board wants to apply special assessments or wants to discuss and consider the budget, they must do so in an open meeting. The complete list of subjects or items that must be discussed in an open meeting (15 subjects including subjects to be considered in an open meeting during the development period).

The code section does not mean that every discussion must be done in an open meeting. If that were different and the board was subject to the same rules as governmental entities, it would be very difficult to conduct business for those HOAs that only have quarterly meetings. If the discussions don’t involve items on the list in 209.0051, they can discuss them without a meeting. Some board of directors then at the next meeting ratify the decision on the minutes. What that means, is that they discuss it and tell the members what the outcome was and include the vote on the minutes so that it is documented. But they only do this when they are discussing subject matter that is not listed in the open meetings statutes in Chapter 209.

It is a good idea to discuss ideas with the membership in general, but there are situations that it is not convenient to do so. It is always important to refer to the Texas Property Code and consult an attorney when issues arise as it pertains to HOA meetings.

What is a HOA Architectural Control Committee?

Mon, 01 Dec 2025 14:18:33 GMT

What is the ACC? What does it do? Who is on the committee?

Security Cameras on HOA Common Property

Mon, 01 Dec 2025 14:15:32 GMT

Security cameras on common property…are there certain information to consider?

National Night Out

Mon, 01 Dec 2025 14:14:19 GMT

National Night Out – history of communities coming together

Every year, cities, municipalities and communities gather together and celebrate their camaraderie and police/community connection. Do you know your local police officers and/or your neighbors? I remember when National Night Out block parties started in my community. It was the late 80s and I was pretty young, but it made a huge impact on me. Those days remind me, even today, that we are stronger together. I love to go to other communities that I represent and see connections made in the community. They smile and laugh. Their kids get to meet one another, and friendships are created. It is wonderful to watch.

National Night Out started in the mid-eighties but the idea was realized much earlier. Matt Peskin lived in Philadelphia and in the 1970s consistently volunteered at a community watch program. He wrote a newsletter and volunteered for the township. He then started reaching out to communities neighboring him and noticed there were other programs like the one he volunteered for. His dream for a national program started becoming reality. In 1981, Mr. Peskin establishes the National Association of Town Watch. This program nationally connects volunteer watch programs. In 1984, The National Association of Town Watch, with a grant from the Bureau of Justice Assistance, funded the National Night Out campaign. The idea was that homeowners would stand on their porches with their lights on to show any potential criminals that the neighborhood stood together against violence and crime. The science concludes that it does work. A 1995 study found that the largest single predictor of crime levels was a mutual trust among neighbors and a willingness to intervene on behalf of the common good. In 1994, Project 365 was started to introduce programs and plans to improve the community 365 days out of the year. Currently, after 38 years of National Night Out, 38 million neighbors and 16 thousand communities celebrate and participate in National Night Out. Some communities celebrate National Night Out over a span of several days. But, Texas specifically celebrates the first Tuesday of October.

What does National Night Out mean for you and your community? This is an opportunity to stand up for your community. Are you going to show up at National Night Out?

https://natw.org/about/

What are Deed Restrictions?

Mon, 01 Dec 2025 14:12:57 GMT

You may live in a deed restricted neighborhood, but what are deed restrictions exactly?

Property Code Section 202

Mon, 01 Dec 2025 14:11:49 GMT

This video series is about Chapter 202 of the Texas Property Code. This section deals with specifically deed restriction construction and enforcement. We will be running through code sections slowly. Hopefully this series will provide some basic education about HOAs as it pertains to the property code.

What does it mean to be a HOA Director?

Mon, 01 Dec 2025 13:14:11 GMT

I hear it almost every day. Board members are “Karens” or “they have too much time on their hands” or they are “dictators”, etc. But what does it really mean to be a director?

Directors are required to be elected in Texas. Elections generally occur every year. Terms of office range typically from one year to three years and should be staggered. Each association is different, but most associations have between three and seven directors. Every single director is a volunteer, so they are not compensated for their service. Once directors are elected, generally they vote amongst themselves on officer positions. There is most likely a President, Secretary, and a Treasurer. Each officer has their own duties and responsibilities. Though, each director/officer is essential to conduct association business.

Directors help manage the association. They may hire attorneys or management companies/staff to help them. The vendors give the directors advice on certain actions. The board of directors hear member concerns and act accordingly on matters they deem to be important. It is a thankless job. The directors work for the community to keep the association looking nice. It is the responsibility of the directors to follow and enforce the deed restrictions.

The volunteer position is hard work. The vendors and people working for the association cannot take action without the directors’ instruction. Some members looking from the outside in may get angry with the decisions being made. But, the directors don’t take action lightly. Most likely, the decision was discussed at many meetings and looked at from every direction. The board will look at what is best for the association as a whole. It is a difficult position to be in. But, the director positions are essential to the community and the community benefits by their fellow neighbors serving.

Let us all take a moment and thank those that serve on the HOA Board.

HOA Bylaws

Mon, 01 Dec 2025 13:11:18 GMT

What are HOA Bylaws? HOA documents do a lot of things and explain a lot to the membership…click to learn more.

Talking about Short Term Leasing in the HOA…Again

Mon, 01 Dec 2025 13:10:07 GMT

A new case was just decided on August 30, 2022. A homeowner who had been previously renting two residences challenged her HOA, Windermere Lakes HOA, when the HOA decided to amend their deed restrictions to prohibit short term leasing.

In the case the court lays out three elements that must be met: 1. There must be a right to amend the declarations detailed in the document itself, 2. The amendment must be a correction, improvement, or reformation of the agreement rather than its complete destruction, 3. The amendment must not be illegal or against public policy.

The court applied the rules to the facts and determined that the HOA can amend its deed restrictions to prohibit short term leasing within the community. The court reasoned that the homeowners are put on notice when they buy the property that the deed restrictions can be amended. So, if they buy the properties for the purpose of leasing them, they know that the community may decide to amend the deed restrictions. The homeowner wished to expand the rules to include a reasonableness test. The court refused to do so without Supreme Court input. Bottom line – if the declarations have provisions that allow the declarations to be amended and the amendment is part of the common plan or scheme of the community, then the amendment stands. The amendment is enforceable even on lots that used to short term lease before the amendment. We will see what the Texas Supreme Court says, but the law seems pretty clear.

Animals in the HOA: Beavers

Mon, 01 Dec 2025 13:09:02 GMT

Beavers are incredibly smart but also may be destructive to a developed community. Click for more information…

HOA Attorney – What Do They Do?

Mon, 01 Dec 2025 13:08:13 GMT

Security cameras. Good or Bad?

Section 8 vouchers and the HOA

Mon, 01 Dec 2025 13:06:38 GMT

I recently read a story about a Texas HOA that passed declarations that would restrict any landlord from renting to individuals who use section 8 vouchers to subsidize their rental expenses. The rules also state that landlords can only have one rent house.

What are section 8 vouchers? In Texas it is called The Housing Choice Section 8 Voucher Program. The program helps low income individuals and families (including the elderly, persons with disabilities and homeless veterans) find affordable housing that is safe and sanitary. To be eligible, the Texas Department of Housing and Community Affairs examines household income, size and composition of the household, citizenship status, assets, medical expenses, and childcare expenses. There are multiple public housing authorities that work with the voucher program. Surprisingly, Section 8 vouchers are not available in all areas of the state. The voucher program was created by the Housing and Community Development Act of 1974. The money used to fund the program comes from the US Department of Housing and Urban Development. A community that wants to utilize the program must go through the local governmental entity and there are state rules and regulations to follow.

How does section 8 voucher programs effect HOAs. Well, most likely they don’t. The thought process may be that section 8 voucher renters effect property values or that just having too many renters effects property values or degrades the community “togetherness” (I am pretty sure that is not a word). There is no legal requirement for HOAs to accept section 8 voucher recipients in the community and there is no requirement that HOAs inform other residents that the community has section 8 voucher recipients.

I did see some articles that indicated that banning section 8 voucher renters is a Fair Housing Act violation. In fact, some Texas housing advocates reported the HOA I referenced above to the US Department of Justice to investigate. There are serious legal implications with banning people from HOAs. Just banning section 8 voucher recipients could be considered discriminatory because most recipients are considered protected under the law. Deed restrictions that are discriminatory on its face (meaning that it may seem neutral but discriminates in its application) are void and prohibited in Texas.

Cameras on HOA common property

Mon, 01 Dec 2025 13:04:42 GMT

Security cameras. Good or Bad?

The American Dream – Housing Crises and the HOA

Mon, 01 Dec 2025 13:03:15 GMT

I have been watching videos and reading articles a lot lately about inflation and the housing market. John Oliver with Last Week Tonight did an expose educating his followers on inflation and 60 minutes posted a video on monthly rent increases. The cost of living has skyrocketed recently but, what does all that mean for HOAs?

There are two issues that seemed to bubble to the surface during the pandemic. First, more and more investors have inundated the market and purchased almost all current inventory. After the housing crisis in 2007, companies were reluctant to keep building houses even after the economy stabilized. So, as demand has gone up, the inventory has plateaued. This has affected new home buyers substantially. How can buyers compete with companies who offer straight up cash to the seller?

Investors are not just buying homes, but they are renting the homes they buy. Instead of a buy/flip/sell trend, they are buying then flipping (to make the home “move in ready”) then renting. The investors are not just getting capital from a “one and done” deal, they are seeing an increase in revenue every month by renting the property. Plus, with the increase in short term rentals they can make even more money. Smart, right? Well, what about everyone else that wants to buy a home? With the plateau in building homes and taking the majority of homes off the market and renting them, it makes finding home to buy almost impossible for new home buyers.

HOAs have seen a substantial increase in investors and rental properties in their communities. What is concerning about the increase is that renters and investors may not be devoted to the community. If a renter knows that they will only be there a year, or six months, or two weeks, do they really care about the HOA pool, or landscaping, or rising crime? If the person who owns the house is a company who may be operating out of the state, do they really care about increased regulation/legislation from the state legislature (other than renting regulations)? How do we get these companies involved? How do we get the companies and renters to care about what is happening within the community? What does this mean for board positions? Is the company allowed to stack the board? So many questions, not enough answers. The norms in housing and renting are changing exponentially. Can we keep up? Is the American Dream to own a home dead?

All hope is not lost. I wish the investors, management companies, lobbying groups (both from the homeowners and the HOAs), lawyers, cities, and legislators, could come together to find some solution without agendas getting in the way. There are people investing their whole life savings to own a home and find peace in their lives. I think the past two or three years have, at the least shown us that we have to work on the current problems collectively.

HOA 101: What is a Municipal Utility District?

Mon, 01 Dec 2025 13:01:08 GMT

What does a MUD do? How does that effect the HOA? Have you ever heard of a Municipal Utility District? Click to learn more…

Swimply and the HOA

Mon, 01 Dec 2025 12:56:42 GMT

Oh man…I read an article over the weekend regarding homeowners who rent their pools out on an app called Swimply. What?!?! This app became popular during the pandemic. Maybe I am just a little too introverted, but I cannot imagine letting people use my home pool (I don’t have one, but still). Especially people I don’t know. My husband cleans pools for a living, and I get an earful after a weekend of pool parties. Cleaning pools after those types of events is hard work.

But, what does this mean for the HOA? What kind of liability is the HOA responsible for? The app requires that users and homeowners sign up for insurance and sign waivers. But, in Texas, waivers may not apply to gross negligence. Does the waiver apply to the HOA? Waivers also may not apply to minors. Can an adult sign a waiver on behalf of a minor? These issues have been raised on waivers at HOA pools. If the HOA restricts against renting home amenities and they don’t restrict the behavior, can the HOA be responsible if someone was to get hurt? I don’t think anyone knows that answers to these questions yet. Every time I say that certain fact situations are not likely to happen…BAM! I see a story with the same “unlikely” fact situation and the parties are in a dispute.

I think the most concerning issue is, what if homeowners start renting out the HOA pool. The app does not allow renting public pools. But, HOA pools are considered private. What if the HOA does not know that the HOA pools is being rented?

Another issue, should HOAs restrict homeowners from renting their home amenities? Where should we cross the line? Anytime we have renting (short term or other types), the neighborhood sees more traffic, more nuisance behavior, and more parties. I also read an article that Airbnb is restricting party rentals (renting for just one night or one day) indefinitely. But, can they really deter that?? We have many more questions than answers. I see a lot more people reaching out to the legislature this coming legislative session.

Religious Items – SB 1588

Mon, 01 Dec 2025 12:55:38 GMT

Texas Property Code 202.018 – Texas HOA cannot restrict homeowners from displaying religious items when a homeowner has a sincere religious belief…click the video to learn more.

Are HOAs Beneficial to Society? You will be shocked at the answer…

Mon, 01 Dec 2025 12:53:40 GMT

Most individuals don’t question how HOAs were first started. They live in a HOA and pay their dues and follow the rules and that is the most they know about their HOAs. What most people don’t realize is that this concept has been studied and researched and talked about in urban planning for about two decades.

In 2019, Wyatt Clarke and Matthew Freedman conducted a study never before done on HOAs and published their findings in the Journal of Urban Economics. I won’t bore you with the technical stuff, but you should read the article if you are interested (it cost money but I think it was worth it). *Citation below. The authors used a hedonic progression model to test the data. I went to law school because I hate math. So, I will leave all the math to the authors. But, what is interesting about the article is that HOAs are somewhat secret and unknown. All documents are filed in the real property records and difficult to compile. The authors used data from Zillow (Zillow Transaction and Assessment Dataset or ZTRAX) to compile their HOA data. The database does not list the specific HOAs. The authors used mortgage riders as a way to not only look at how many HOAs exist but who lives in HOAs, the cost of the houses and diversity of communities that have HOAs, etc. etc. This type of data has never before been compiled. In Texas, we could look at TREC’s management certificate database but I don’t think it would give us the plethora of data tested for the article I am referencing.

What did the research conclude? HOAs are actually a valuable tool in substituting for local government. Houses in a HOA sell at a premium, usually 4% higher than equivalent non HOA homes. These conclusions also were determined based on location as well. The Southern Core Based Statistical Areas (CBSAs) benefitted generally more than others. But, overall for every $1 spent on HOAs dues, members benefitted $1.19. That is very interesting and surprising based on all the articles I read stating that homeowners hate their HOA.

The authors stated that more research needs to be conducted and that diversity and segregation need to be considered where those issues arise in HOAs. I agree. Texas local and state government can benefit from the research on HOAs and frame policies and laws that work with HOAs.

*Wyatt Clarke, Matthew Freedman

The rise and effects of homeowners associations

IBM, US, University of California, Irvine

Journal of Urban Economics 112 (2019) 1-15

Animals in the HOA: Bees

Mon, 01 Dec 2025 12:52:15 GMT

Bees are beneficial in US food production, but what if a HOA member wants to start beekeeping? What does that mean for the HOA? Can HOAs regulate such activity?

HOA Collections 101

Mon, 01 Dec 2025 12:51:29 GMT

What if members don’t pay their assessments? What are the steps the HOA can take to ensure that they can pay their bills? This video talks about some but not all actions taken by an association.

What is a Charrette?

Mon, 01 Dec 2025 12:49:20 GMT

What is a Charrette? Is it a tool that can be used for HOAs?

I was watching “The Best of Enemies” the other day. In the movie, the town holds a charrette because the school which educates all African American children burned down. The town wanted to desegregate schools and have all children attend school together. On the charrette committee was a Ku Klux Klan leader and a Civil Rights leader. This incredible movie is based on a true story. The two committee members end up being best friends and the Ku Klux Klan member ends up disavowing racism. So, what is a charrette? I had never heard the term or the concept before.

According to the dictionary, a charrette is “a meeting in which all stakeholders in a project attempt to resolve conflicts and map solutions.” I don’t know why this concept is not talked about more. Usually, a charrette is held when planning a project in a city, especially when the project is hotly contested. The charrette brings together municipal/city officials, residents, and developers. The concept was originally used as a way to quickly generate design solutions. Groups of people break into subgroups and then at the end of the meeting come together to finalize their ideas. It is meant to be a diverse collaboration and an innovative atmosphere. But, can this concept also be used for HOAs?

There are several websites that detail the structure of a charrette. Mostly it is an intense brainstorming session. One website, www.designorate.com , lays out the procedure for a charrette. First, you have to pick topics or problems (usually a charrette is used when there is more than one problem that needs to be discussed). Pick the groups/stakeholders that are involved. Break the group into subgroups and each subgroup designates a recorder (someone to writes the ideas down on paper). Divide the problems amongst the subgroups. Next, the subgroups discuss their ideas (about 20 minutes but can be as long as you want) while the recorder writes everything down. Then the recorders move from one subgroup to the next talking about the different ideas on their topic. The recorders then summarize the subgroup ideas. This step merges all of the ideas into a collective document. Last, the entire group meets together and discusses the topics and the result is an action plan for the next stage of the project. Cool right!?!

This can absolutely be used for HOAs. I did a little preliminary research and there are charrette courses!! Though, these courses are designed more for urban planning and development. I wonder if a course can be developed just for HOAs?? Hmmmm….I will look more into that. In the meantime, just the basic procedures can be used at monthly and annual meetings. Instead of projects that stall because of deep seeded conflict, the projects can progress with everyone’s input! I will definitely be writing more about this topic in the coming months as I learn more about it.

Perimeter Fencing

Mon, 01 Dec 2025 12:47:43 GMT

SB 1588 is a topic of conversation amongst all HOA vendors, board of directors, management companies and real estate agents around Texas. Some believe it is a windfall for homeowners while others see the new statutes as additional regulation to learn. Regardless of the position you take, SB 1588 was passed and signed. It is here to stay so might as well talk about it and learn what we can.

Who is the HOA Management Company?

Mon, 01 Dec 2025 12:46:36 GMT

What is a management company and what do they do? Management of the HOA is tough and time consuming work. Management companies help ease the burden of management and work together with the board of directors towards a common goal.

Conflict in the HOA

Mon, 01 Dec 2025 12:44:29 GMT

It is natural when a group of people get together that there will be disagreements. It is healthy to have conflict. If you don’t argue with someone how do would you know how they feel or what upsets them? Conflict resolution gets thrown around so much that I am pretty sure no one really knows what that means anymore or how to start resolving conflict amongst each other. HOAs are no different.

In an era where conflict is met with violence, confronting the community can be scary. But, when a board member, a manager, an attorney, and community members get together to solve community issues, some really amazing things can happen. It doesn’t have to be yelling and screaming or pointing fingers. The entire community can be heard at the meeting. But, that doesn’t mean everyone gets what they want. There must be a vote. Sometimes only the board of directors will vote, sometimes it’s both the board of directors and members. The majority then decides for the entire association. That may make some angry but that is how the system works. In fact, that is how our whole voting system works throughout the country. If you don’t vote, you don’t get a say. If you don’t vote for the board of directors, you may have a representative that is making decisions contrary to what you want. Voting is the most important right among HOA members.

The best advice is to bring with you to the meetings positive solutions, not problems. I hear all the time, “this is a problem” or “that is a problem” but when pushed for a solution no one thought to bring the solutions with them to the meeting. Sometimes, the board of directors don’t know what the solution is. Sometimes it has to be researched. But that is why I write this blog, so that all of you share ideas. Some HOAs may be crushing it, some may be struggling. We need a way to help each other.

Companies deal with conflict all the time. Here are some tips from Sandler Training :

Acknowledge the Conflict
Stop and Cool Off
Avoid destructive behavior
Clarify positions
List facts and assumptions based on each position
Break into smaller groups and separate existing alliances
Reconvene the groups
Celebrate the Resolution

I had someone tell me once “it is not about positions, it is about interests”. He kept telling me to read this book about getting to yes. He stated that if you focus on positions then one side is definitely going to lose, and you don’t find a good solution for both “sides”. I would not approach HOA meetings in that way. I don’t see “sides” in the HOA. In HOAs there are problems and solutions. Most of the time you are voting on which problems to tackle and which solutions to use and follow. Some problems and solutions are not going to be voted on favorably. Some ideas will be put on the back burner. That is ok. The point is that the community came together and fought the problem together . Everyone needs to be heard and everyone should get involved in their community. The problems of the HOA cannot be fought by just a handful of people.

Deed Restriction Enforcement 101

Mon, 01 Dec 2025 12:42:26 GMT

Deed restrictions are a much talked about topic in subdivisions. Deed restrictions play an important role in the HOA. Residents typically don’t like being told what to do with their own properties. But, many residents use restrictions as a way to protect their investments and their community. It is a conundrum and in many respects a catch 22. How do you feel about the restrictions in your community?

What Happens at a HOA Monthly Meeting?

Mon, 01 Dec 2025 12:39:33 GMT

What happens at a HOA monthly meeting? Some homeowners go to every meeting, some go periodically to hear the latest issues, and some only attend to speak on certain concerns. Whichever reason you attend, meetings are essential for the HOA to conduct business and keep people informed.

Short Term Leasing – Cases After Tarr v. Timberwood

Mon, 01 Dec 2025 12:37:38 GMT

Tarr v. Timberwood Park Homeowners Association , 556 S.W.3d 274 (Tex. 2018) was decided in May 2018. Since this case, the issue of short term leasing has been discussed almost weekly in my office. I have read countless articles from both sides of the spectrum. Short term leasing companies are lobbying hard to keep their services available to homeowners. HOAs are fighting hard against allowing short term leasing in their communities.

Short term leasing brings its own set of challenges for HOAs and neighbors. There have been increased crime, parties that cause significant damage to property, increased nuisance complaints, declining homes available for purchase, and many other important issues that plague Texas communities. Though, how do homeowners reconcile the contractual right to privately agree to restrictive covenants and a property owner’s right to lease their property? I think this issue will come up more and more over time. These concepts have not been broken down and argued to the extent that they resolve the balancing act between the rights of the whole neighborhood and the rights of the individual homeowner. Here is the summary of the cases as it stands today.

Tarr v. Timberwood Park Homeowners Association , 556 S.W.3d 274 (Tex. 2018)

The court in this case very specifically stated that if the Association wanted to amend it declarations, it could have. The Association could have required the owner to lease the property 30 days or more, etc. The court focused on the plain meaning of the words within the Association’s restrictions. The Association argued that the act of leasing the property on VRBO was commercial which the Declarations prohibited. They also stated that the Declarations required that the homes be used as a single family residence. The court determined that the language is ambiguous and wound their way through legal analysis to determine if short term leasing violated the Association’s restrictions. The court concluded that because the tenants were eating, relaxing, sleeping, etc., they were engaging in activities most people engage in at a residence. Also, single family residence means that only one house should be built on a lot, the wording has nothing to do with the actual use. The court stated that because the landlord was not engaging in commercial behavior on the lot, then the act of leasing is not commercial under the definition in the Declarations. The court concluded that the homeowner did not violate the Association’s deed restrictions under the facts of this case.

Jbrice Holdings LLC v. Wilcrest Walk Townhomes Ass’n, Inc. , 638 S.W.3d 712 (Tex. App. Houston 14th 2020) and Adlong v. Twin Shores Prop. Owners Ass’n , No.09-21-00166-CV (Tex. App. Beaumont 2022)

Both cases referenced above were decided in 2020. The courts concluded that the Association (depending on the Declarations) has a right to amend its dedicatory instruments to restrict leasing by homeowners. In Adlong, the court stated that three conditions must be met to amend deed restrictions, 1. The instrument creating the original restrictions must establish the right to amend and the method to amend, 2. The right to amend implies those changes contemplating corrects, improvement, or reformations rather than the complete destruction of the terms, 3. The amendment must not be illegal or against public policy. Covenants are enforced when they are “confined to a lawful purpose” and unambiguous. Texas does favor free use of property but the court sees covenants as contractual rights and enforceable. The homeowners in Adlong stated that they bought the property because the restrictions allowed short term leasing and they should not be subject to the new rules restricting leasing. The court rejected that argument because the homeowners were on notice that the HOA could amend the restrictions and there was a method to amend. The homeowners continued to argue in the case that the restrictions increasingly limited their free use of property and thus a burden on their land. But, the court also rejected those arguments because the homeowners did not reference any information or case law regarding their assertion.

Again, I don’t think these arguments are over. Both concepts, leasing and the right to restrict through restrictive covenants, are well established rights and have been discussed thoroughly separately. But, we are seeing these concepts merge now with short term leasing.

Where Does All the Money Go Reserves, Budgets, and Operating Account

Mon, 01 Dec 2025 12:33:31 GMT

When you pay your HOA dues, do you ever wonder what happens with the money? HOAs do a lot for the community. They provide amenities and pay for maintenance and repair of common areas within the Association. Knowing where the money goes and planning for projects within the community is an essential task for both boards and members.

Animals in the HOA: Chickens

Mon, 01 Dec 2025 12:30:57 GMT

Chickens in the HOA can mean noise and neighborhood disputes. Maybe the community likes chickens. Some people like waking to the song of a rooster. This issue comes up quite frequently. These conversations need to be raised at the meeting in a productive and goal-oriented way. There is another issue not raised in this video…what if the homeowner is selling eggs out of their home?? Is that allowed?

Is Loving Your HOA a Losing Game?

Mon, 01 Dec 2025 12:29:28 GMT

In 2018, The Washington Post reported on why homeowners hate their HOA. The article was based on a survey by Insurancequotes.com. The Post reported that about 29 percent of the U.S. population lives in a HOA according to Community Association Institute. Only 57 percent of people participating on the board said they loved their HOA and 33 percent who never participated on in the HOA said they loved them. Baby boomers ranked higher in their love of their HOA while Gen Xers ranked lower. Most stated that they hated their HOA because of fights at the meetings. Interestingly, the survey showed that the most complained about restrictions are lawn maintenance, parking regulations, and pet restrictions. But, the most wanted restrictions were parking, noise regulations, and cleaning up after pets.

Most homeowners would probably agree that they don’t like confrontation. I think there are ted talks about that. Having difficult conversations is nerve wracking to anyone. I am a lawyer and I have to deal with those situations almost daily. Especially if there are confrontational arguments at every board meeting. But, that is where management and the attorneys can step in and help. Having a third party mediate the situation can be beneficial.

HOAs are important for two reasons. First, HOAs help to protect the homeowner’s investment. Buying a house is very expensive and time consuming. The homeowner wants to make money, not lose money. When it is time to sell a house, the homeowner does not want to owe more than the house is worth or beg people to buy it. If there is a house next door that is completely covered in tall grass and weeds and is painted bright pink and purple, the homebuyers looking to buy will probably want to look elsewhere (maybe not, maybe they like the uniqueness of the neighborhood).

Second, HOAs are important because they bring people together. I know…it doesn’t seem like it. But, going to meetings brings people together to work towards a common goal. The people within a community want their neighborhood to look nice and function. The hardest part is finding common ground, but there are people working for the HOA to help. Sometimes it takes a neutral third party to bring it all together in a positive way. In my experience, the HOA wants to work efficiently and cost effectively for the benefit of everyone. I generally don’t meet individuals that want to work against the HOA.

I worked for a HOA that constantly had huge 18 wheelers parking overnight in the neighborhood. The noise and smell were terrible. The residents got together, signed a petition and had signs erected by the county that restricted parking overnight. Everyone was so happy and proud that they did it together. In another occurrence, a veteran was having trouble mowing their grass. The neighborhood got together and figured out a way to help that individual. It was inspiring. These stories are why I do this job, to bring people together to figure out solutions. Being a part of a HOA doesn’t have to be difficult or constantly confrontational. Being apart of a HOA can be rewarding and inspiring. I just wish there were more stories out there about the positive outcomes instead of only seeing why people hate their HOA. I guess I will just have to keep posting.

Street Parking and the HOA

Mon, 01 Dec 2025 12:28:14 GMT

Street parking is a constant issue that unfortunately is not resolved by statute or case law. County and cities regulate all public roads. But, some neighborhoods have deed restrictions that also regulate parking and roads. Which rules apply? This is a tougher question than one would think.

HOA Elections and Voting: Show Up and Vote!

Sun, 30 Nov 2025 14:49:35 GMT

Every year HOAs hold elections to elect/re-elect some or all of its board of directors. Most directors terms are staggered so most likely one to three directors are up for election. Maybe the developer is ready to turn over control to the residents and all directors are being elected. Whatever situation the Association is in, an election is a huge undertaking.

Elections are determined by the Association’s Declarations and Bylaws. They generally occur during the Association’s Annual Meeting. In most situations, a management company handles the election. There are also state statutes that govern elections regardless of what is written in the Association’s dedicatory instruments. Notice to the members is required. Ballots can be electronic or byproxy or absentee ballots (depending on the Association). One difficult requirement is that the Association has to have a quorum before elections occur.

What is a quorum? Generally speaking, it is the percentage of people required to be present at the Annual meeting to to conduct business for the Association. Some Associations have an incredibly difficult time getting the required amount of people to show up to vote for elections. This is called voter apathy . It is not only an issue in HOAs but pretty much in all elections held at almost all levels of government and local governance.

Voter apathy has been written about by law firms, management companies, and there are even empirical research papers written on the subject of HOA members and public voting. This is not just a Texas problem either. There are many blog articles from almost every state discussing the consequences of voter apathy. If members don’t show up and vote, Associations cannot conduct business. Do you want a park, a pool, want to elect directors or make sure someone makes it on the board, maybe you want to fix something that will cost a significant amount of money that needs membership approval? All of these actions cannot occur without the members. Directors are important because they are volunteers and help manage the Association. But, members are equally as important. The Association cannot survive without them. Members must vote.

How do you get members to vote!?!? There are states that have rules to reduce the number of votes or quorum percentage to allow Associations to conduct business. Texas does have a statute that deals specifically with reducing the quorum for election purposes. Some management companies promote electronic voting. Some professionals recommend appointing a committee to get the neighborhood excited about participating. Also, the Association can incentivize voting by organizing a get-together and a vote at the same time. I hope some of these suggestions help you!! Happy Voting!!

Animals in the HOA: Ducks/Geese

Sun, 30 Nov 2025 14:47:33 GMT

I was drinking my coffee this last Saturday morning and an article popped up on my feed. A HOA is suing a couple in Cypress, Texas for feeding wild ducks at a lake within the HOA. I briefly read the case and essentially the argument is that the ducks are causing significant damage and feeding them caused them to populate the area causing the damage.

I also got notice of another story where a HOA is dealing with wild peacocks. It was kind of ironic because I had just received a bunch of questions about ducks and geese and the regulation thereof.

I thought it would be a good idea to start this series about wild animals in HOAs. Believe it or not…Texas has regulations on this issue. These regulations effect how HOAs deal with wild animals in the neighborhood. Since representing HOAs, I have done research on bees, beavers, wild hogs, deer, and many more species of wild animals. This career has given me an interesting education on wild animals for sure.

Are Neighbors Still Setting Off Fireworks after 4th of July?

Sun, 30 Nov 2025 14:45:55 GMT

Are neighbors still setting off fireworks after 4th of July?

This seems to be an issue every year, including in my neighborhood. I have a small baby, and hearing fireworks after bedtime can be nerve-wracking for a new mother, or a veteran with post-traumatic stress syndrome, or a pet owner whose pet is riddled with anxiety, etc. It is hard to imagine banning such an activity. Patriots have been setting off fireworks on July 4th since the Declaration of Independence was adopted (except for maybe John Adams who staunchly believed that the celebration should have occurred on July 2nd when the colonies first voted). There has to be some sort of compromise! What I always appreciated is that my neighbors discussed the issues together and came to an agreement about when where and how the fireworks were going to go off. All the neighbors seemed to respect everyone’s input.

209.006 is the only statute in Texas pertaining to HOAs and fireworks. There are also city ordinances and state law on the manufacturing and sale of fireworks. The following is not a complete version but details the pertinent parts of the law as it applies to fireworks. The law states:

“(a) Before a property owners’ association may suspend an owner’s right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association’s lien, charge an owner for property damage, levy a fine for a violation of the restrictions or bylaws or rules of the association, or report any delinquency of an owner to a credit reporting service, the association or its agent must give written notice to the owner by certified mail.

(c) The date specified in the notice under Subsection (b)(3) must provide a reasonable period to cure the violation if the violation is of a curable nature and does not pose a threat to public health or safety.

(f) For purposes of this section, a violation is considered a threat to public health or safety if the violation could materially affect the physical health or safety of an ordinary resident.

(g) For purposes of this section, a violation is considered uncurable if the violation has occurred but is not a continuous action or a condition capable of being remedied by affirmative action. For purposes of this subsection, the nonrepetition of a one-time violation or other violation that is not ongoing is not considered an adequate remedy.

(h) The following are examples of acts considered uncurable for purposes of this section:

(1) shooting fireworks; “ What does that even mean? The legislature has categorized violations into two separate columns, curable and uncurable. Both categories require that the Association give notice of the violation. The right to cure is where the two categories diverge. If the violation is uncurable and a threat to public safety (both defined in the statute) the reasonable time to cure requirement doesn’t apply. But, if defined as a curable violation, then the owner must be given a reasonable time to cure the violation. It is hard to determine what falls under a curable violation and an uncurable violation. It is important to discuss violations with an attorney.

Here is a little background on celebrating the 4th of July if you are interested.

Life in 1775 was chaotic. The Unites States was at war. In June 1776, the 13 colonies met and vigorously debated the concept of independence. On July 2nd, the resolution to declare independence from Great Britain was voted on and passed (surprisingly it was not unanimous but very close). The Declaration of Independence was written by Thomas Jefferson and formally adopted by the colonies on July 4th.

The first July 4th celebration was in 1777 where a ship’s cannon fired off a 13-cannon salute to commemorate the colonies. Since then, the day is celebrated with fireworks, concerts, parades and barbeques.

Short Term Leasing and Rental Communities

Sun, 30 Nov 2025 14:42:27 GMT

Short Term Leasing and Rental Communities are a hot topic in the HOA world now. Leasing homes and investment properties are more apart of our communities than ever and it is not going away. Renting in a HOA is complicated. HOAs are more concerned for their communities because those who rent may not be invested in the community. Renters live in the community temporarily and are not members. The issue really is how do get renters to become more engaged? How do residents who are part of the community temporarily care about the neighborhood as much as those who have lived there for many years?

Hear me out. HOA Collections aren’t that bad.

Sun, 30 Nov 2025 14:35:15 GMT

Hear me out. Collections for an Association is vital for the health of the community. I know, I know, you get the dreaded certified letter from the attorney and all you want to do is throw it away. I hear all kinds of reasons why people don’t want to pay Association Dues. “My HOA does nothing for me”, “I don’t use the pool”, “the assessments are way too high”, “my HOA didn’t approve for me to do something so now I am not paying my dues”, etc. etc. Some people just cannot stomach paying their HOA dues if it means not paying for something essential to keep their family afloat. I understand the headache. But, I challenge all of those people to go to their HOA meetings. Ask for the budget. The HOA has bills too. I have seen HOAs suffer significantly because they cannot pay their bills. I have read about HOAs being sued because they didn’t have money to fix their park and a child was hurt on the equipment. I have seen crime and drugs start infiltrating communities because the HOA cannot afford to pay for additional security. HOAs are so important. I get calls all the time asking for advice on creating HOAs because residents are worried for their community.

There is good news! There are ways to get on payment plans and pay assessments without getting behind. In the last two years, people have been struggling. But America is getting back on her feet! Most Associations have management companies. Those management companies most likely have payment plan options established by the Association. Also, there usually is no penalty if members pay dues ahead of time. Members can put a small amount of money away every month before the assessments are due. If an account is turned over to an attorney, there are also payment plan options through their office. The longer the account sits in collections, the higher the fees (depending on the association). There are options and the Association can pay bills and keep amenities beautiful as opposed to paying fees to collect on the accounts that are delinquent.

Grant Programs – HOA

Sun, 30 Nov 2025 14:32:38 GMT

Grants can be used by HOAs who need financial help with special projects. Here is a list of just a few grant programs:

What is a HOA Management Certificate?

Sun, 30 Nov 2025 14:30:50 GMT

The Texas Legislature passed SB1588 and with it several requirements including TREC creating a database for management certificates. Some HOAs are now required to draft and file a management certificate in the Real Property Records and TREC. Have you ever wondered, what is a management certificate?

Who Works For/Volunteers/Manages Homeowner’s Associations?

Sun, 30 Nov 2025 14:28:07 GMT

Have you ever wondered who works for/volunteers/manages Homeowners Associations? Associations are nonprofit organizations that help to improve the community and bring people together. This video discusses who those people are and how they serve the HOA.

American Rescue Plan Act of 2021 Texas Homeowner Assistance Fund Program (TXHAF)

Sun, 30 Nov 2025 14:25:02 GMT

Texas Homeowner Assistance Fund (TXHAF) is part of the

American Rescue Plan Act of 2021. TXHAF provides eligible

homeowners with grants to pay past due mortgage payments and

property taxes, insurance, and HOA fees.

How to apply:

They started taking applications on 3/2/2022 and homeowners can apply online at https://www.texashomeownerassistance.com/ .

Who is eligible?

Texas homeowners may be eligible for assistance under TXHAF if they meet the following:

Have fallen behind on one or more payments: mortgage, property tax, property insurance, HOA/condo association fees.
Household income at or below 100% Area Median Income (AMI) or 100% of the median income for the United States, whichever is greater
Houston-The Woodlands-Sugar Land, TX HUD Metro FMR Area (Income Limits)

Own and occupy their home in Texas as their primary residence
Household experienced a qualified financial hardship after January 21, 2020, such as lost income or increased expenses due to the pandemic

Payments are made:

Once a homeowner’s application is approved, payment is sent directly to the mortgage servicer, property tax authority, insurance company, or HOA/condo association.
Payment is made by either ACH/ direct deposit or check