Can a TX HOA add/revise/delete rules at any time?

Our TX HOA Board of Directors just paid an attorney $1,500 to write a Yard Maintenance Rule. He added this rule to our Rules and Regulations that have been revised at least 20 times with this new Board over the last two years. There was no vote from members on any of these revisions nor did we vote to hire an attorney, nor did we vote to add a yard maintenance rule.

Our 30 year old lake subdivision consists of a club house, beach and 200 single family dwellings. We do not have a separate dedicatory instrument that pertain to exteriors nor landscaping. The only thing I could find is one sentence in our Deed Restrictions that says:

"The lot shall be kept clean and free of trash, garbage and debris at all times."

The attorney added this section to our existing Rules:

"BASIC YARD CARE AND MAINTENANCE: Owners are required to keep their improved lots in a neat and orderly condition, in good repair and in a clean, sanitary condition. Owners shall perform regular and routine Basic Yard Maintenance. This includes periodic lawn mowing, edging and trimming, shrub pruning and maintenance, tree pruning and maintenance, basic weeding and pest control, as needed to maintain a healthy lawn, shrubs and trees. Owners shall maintain their yards and improved lots in good order and repair. They shall be free of debris, garbage and other conditions deemed to be in non-compliance with community rules, regulations and policies."

No, I am not a dead beat homeowner that is refusing to mow my yard, however, I am concerned with the changes and expenses this Board is making.

My questions:

1. Does the new Yard Maintenance Rule conflict with our Deed Restrictions?

2. If a Board can revise Rules and Regulations at any time, does this mean that the next new Board of Directors could eliminate the Yard Rule altogether when they take office? Did we pay an attorney $1,500 for something that can be changed depending on the whims of the next new Board of Directors?

there is no conflict

however, the 'new' rules are in accordance with the 'International Property Maintenance Code' which probably has jurisdiction anyway

(most counties use this code to determin lot/property maintenance violations)

Does the International Property Maintenance Code apply to subdivisions in the country, outside the City limits?

probably ~ if the county requires building permits, it has codes as well

most cities, towns, counties, parrishes, states use this code

however, it is SAFETY oriented ~ grass/weeds are limited to 12" height, etc

Liz

You asked: How can they fine us if our rules are not filed at the County court house?

The answer is you gave them the right to do so when you signed/agreed to the Covenants, Bylaws, etc.

Tough love here, but you did it to yourself.

Personally I like the R&R they passed about landscaping. Keep the place looking good.

Our CC&Rs state that our club exists for the purpose of providing members with private recreation, facilities, to establish and maintain parks, lanes, roads, lakes and security and protection for the common benefit of lot owners. Said membership shall be conditioned upon observance of the rules established by club for the benefit and general welfare of its members.

Also states....our club has the right to access fines for the failure to comply with the rules. (This is the only info about fines in our CCRs)

I read in the Texas statutes that a dedicatory must be filled in order to be enforced. Our rules are not filed. Thats the only reason I wondered about enforcement.

I find it interesting how I can purchase a home, raise two kids and put them through college, manage to pay cash for my cars, and now Im close to retirement.....but by golly, am I grateful for a BOD that thinks I dont know how my yard should look! ;)

Talk about fiduciary responsibility! What was disgraceful was the community beach was overgrown with 3' weeds the same week they mailed the yard rule to all members. (Lol, do what we say, not what we do.) The beach remained in this condition the entire summer. Three BODs must drive past the beach to get to their own homes. So the condition of the beach was of no surprise to the directors.

I do not own a water front lot so the beach is where my grandkids swim and play. (All members pay the same amount of dues. The directors all have water front lots.)

This is all I found in our Bylaws and CC&Rs that somewhat pertain to the Rules and Regulations.

Bylaws:
The President shall be the principal executive officer of the corporation and shall in general supervise and CONTROL ALL OF THE BUSINESS AND AFFAIRS OF THE CORPORATION. He shall preside at all meetings of the members and of the Board of Trustees. He may sign, with the Secretary or any other proper officer of the corporation authorized by the Board of Trustees, any deeds, mortgages, bonds, contracts or other instruments which a majority of all members of the Board of Trustees have authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Trustees or by these By-Laws or by statute to some other officer of agent of the corporation; and in general he shall perform all duties incident to the office of President and such other duties as may be prescribed by the Board of Trustees from time to time.

CC&Rs:
Upon acceptance of any application for membership in The Pines Lake Club, Inc., the purchaser of a lot shall become a member of The Pines Lake Club, Inc., a corporate enterprise, or is successors or assigns (hereinafter referred to as “The Pines Lake Club”), for the purpose of providing the members with private recreation facilities in the area and to establish and maintain parks, lanes, roads, lakes and security protection for the common benefit of lot owners. Said membership shall be conditioned upon observance of the RULES and regulations established by said club for the benefit and general welfare of its members and for the official operation thereof. Said membership shall also be conditioned upon payment, when due, of such fees, dues and charges as the club shall find necessary for the maintenance of the club facilities and services, including but not limited to, the maintenance of lanes, roads, parks and lakes and any other services and benefits which said club may provide for the benefit of lots, club facilities and members. Any person renting property subject to these restrictions must pay dues, in addition to the dues paid by the lot owner, in order for said renter to utilize the club facilities, lake and services. If the renter fails to pay such dues, the owner of the lot shall be responsible for the renter’s dues as well as the dues applicable to the owner of said lot and such unpaid dues of the renter and/or owner shall constitute a lien against the lot as in other fees, dues and charges. If any lot owner fails to pay any dues or observe THE RULES or regulations of The Pines Lake Club, then The Pines Lake Club shall have the authority to terminate the lot owner’s rights to use the lake, common areas and facilities, but said lot owner shall be liable for non-member dues and may only use the roads for ingress and egress to the lot owned by said owner. The Pines Lake Club shall have the right to access fines against lot owners for the failure of the lot owner, the lot owner’s family, guests, invitees, renters or agents, to comply with the RULES and regulations of The Pines Lake Club or these restrictions.

That one sentence is enough to authorize the Association to fine.

You may want to promote a due process policy where fines can only occur after a second warning is issued and a hearing is held before a committee or the Board.

oops

CAVEAT EMPTOR