Working with legislator on HOA law

BillD16 (Texas)
Posts: 982

Posted:

Some of you may have mixed feelings about this, but a person in my neighborhood is running for, and will most likely win, a seat in the Texas Legislature. I have spoken to them about the possibility of sponsoring new HOA specific legislation, and while it is not a topic they are intimately familiar with, they seemed generally positive about it.

My questions:

- Do any of you have experience with this? Tips, Advice, How to present?

- Can anyone point me at others who are currently active with this kind of work?

- Any suggestions for places where Texas HOA code needs some work? I was tentatively looking towards Stirling-Davis as something of a prototype. Tentatively, I think that limiting fines is a good idea - I’m happy to hear why you disagree. I think rule-making needs some overall regulation. I can see its usefulness for, say, changing the pool hours without requiring a supermajority vote of homeowners. But over time, I believe that Boards have starting using rule-making as an easy way to implement CCR-like rules without needing to go to the trouble of obtaining a supermajority. I think there should be state law that *clearly* limits the metes and bounds of what a rule can contain. Last on this list, the “fine schedule” that an HOA is supposed to have in place is, in cases I have seen, a joke, with schedules possessing language like

Standard Fine Schedule. Below is the Standard Fine Schedule for deed restriction violations. The Board may vary from this schedule on a case-by-case basis (i.e., set fines higher or lower than indicated below), so long as that decision is based upon the facts surrounding that particular violation.

The Board also may change the fine amounts in this Standard Fine Schedule at any time by resolution, with no need to formally amend this Enforcement Policy.

and

To the fullest extent allowed by law, any payment received by or on behalf of the from, or on behalf of, an Owner whose account reflects an unpaid balance may be applied to all non-assessment items first (attorney fees, violation fines, late charges, interest, other cost of collections, etc.) and then to special and annual assessments and last to regular assessments.

Essentially: “yes we have a fine schedule, and it allows us to do whatever we want!”

Thank you. Again, all comments welcome.

Bill

HOA Board ex-President
Austin, Texas USA

“You can’t put too much water in a nuclear reactor”

RheaE1 (Texas)
Posts: 3

Posted:

Yes, the Texas HOA code needs work. One of the weakest things is education in the HOA laws. Texas has all sizes of HOA's, you've got HOA boards that are all volunteers, there is paid corporations managing for HOA boards and hybrids of all variations of these types. I heard that Florida was thinking about putting in place online education for board members and they were thinking about making this mandatory. Any kind of education that is relatively cheap would be nice. I came into this forum for learning, before that I went to the local library (nothing). I found a book online the one that TX recommends and dropped the title in the suggestion box at my library. They notified me that due to their vendor restrictions they were unable to purchase it. TX should just make the book publicly available through their electronic shared library databases for all counties.

I looked into classes at the local community college - nothing. Looked into classes online - nothing. Education is much needed, I cannot stress this enough.