BillD16 (Texas)
Posts: 988
Posts: 988
Posted:
A question about my HOA budget. Our bylaws say:
7.3. Fiscal Year. The fiscal year for the Association shall be the calendar year.
and
12.2. Annual Budget. Subject to the provisions of the Declaration, each fiscal year the Board shall adopt an annual budget based upon the amount of the annual Assessment to be levied for the next year, taking into consideration Association operating costs for the then current year, expected normal increases in such costs over the next year, and additional future needs of the Association, including the establishment and maintenance of an Association reserve fund as provided for herein. Promptly following the formation of the Association, the Board shall adopt an initial budget to cover the anticipated Association operating costs for the remainder of the 1993 fiscal year. Thereafter, a proposed annual budget shall be submitted to the Members and the Board at least sixty (60) days prior to the commencement of each fiscal year, and an annual budget shall be adopted by the Board not later than fifteen (1 5 ) days prior to the commencement of each fiscal year. Notwithstanding the above, in the event the Board fails for any reason to adopt an annual budget
covering the succeeding fiscal year, then and until such time as an annual budget shall have been adopted for such succeeding fiscal year, the annual budget currently in effect shall continue and the annual Assessment shall be deemed the same as for the current year.
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Today is 14 November 2026. No proposed annual budget has been submitted. I wrote the Board and asked “what’s up with that?” and have received no response.
I expect that what will happen is that the Board hold a meeting before the end of December, pass whatever budget they’ve cobbled together, possibly with a dues increase, and call it done.
This is Texas. In theory Texas Property Code 209.017 gives us the right to sue in Texas Justice Court. But it’s not clear that that is a proper remedy. When it comes down to it, what law actually requires an HOA Board to abide by their Bylaws?
HOA Board ex-President
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”
Austin, Texas USA
“You can’t put too much water in a nuclear reactor”