No ACC and No Rules

My situation is in Texas with I’m wondering if a self appointed board can create a fine chart if it wasn’t set up prior to the development being sold out? Same with the ACC. In the restrictive covenants, the developer lays out how the ACC will be selected by him yada yada and that each home must submit their plans for written approval before any building begins. That never happened. The development is build out, all homes occupied and to date, there has never been an ACC. Now they are trying to create one. Three years after the fact. Can they legally do this?? Technically, not one home here is legally built if the restrictions are valid. And who decides how much fines are? The developer also failed to establish an hoa. Cluster beyond words.

My understanding from a conversation with our attorney and research I've done is that if your deed restrictions don't authorize it, it cannot be done, when it comes to controlling your property. We specifically asked about fines, which our deed restrictions do not authorize, and the attorney said we cannot fine. Furthermore, in Texas, if the deed restrictions are ambiguous, a court must rule in favor of the free use of land. In other words they have to rule in favor of the owner.

That being said, you should talk to an attorney because every situation can be different. There is also an entire chapter of state code that only applies to Harris County and surrounding counties (Houston area) and another chapter for the rest of Texas, so if you live there, the law might be different.

We don’t have the brightest folks trying to be in charge.