HOA regulation's and rules

GdW, let's qualify mandated to pay the dues. Do you mean they are required in the Covenants to pay ASSESSMENTS? Dues are paid by members of an organization whereas assessments are made against the property and paid by the owner.

If your section of the neighborhood has manditory assessments then does your section own the two pools and one tennis court? If so, your association is independent and separate from the other four "sections" of the neighborhood. And it is your responsibility to maintain your common areas and amenities. The other four "sections" have no right to use or benefit in any way from the items owned and repaired by your HOA. Also, they would have no responsibility to pay or maintain what you own.

it's hard to answer without the exact paperwork, but here's my take...

5 sections. One section is an HOA, and has common areas (like a pool). All owners in that section are subject to the rules of that HOA, and must pay an annual assessment to maintain those common areas.

The other 4 sections are NOT part of that HOA, and thus, are not subject to any rules or regs. They don't pay assessments, and they don't pay to maintain any common areas. instead, if they want to use the pool, they pay a membership fee.

If that's true, then yes, those outside the one section are only subject to city/county/state laws regarding weeds, trash, home maintainence, etc., while those in the HOA must follow those rules AND the covenants of the HOA. If I lived in the HOA, i would darn sure want to know what else I got for my annual assessments, that the other sections can't get with membership, and I would want to know how much I paid for my use of the common areas, and how much they paid. there better be a large difference.

Hello fellow Texan;

I don't know what part of this state you are in, I'm in east Texas about halfway between Dallas and the East border of Texas.

I am also belatedly getting information on HOA and what can and can't be done. This site is great for learning. A copy of your current Bylaws should be obtained from your HOA office.

You need to visit your county's Land Records. There you will find the actual documents that will state your financial and membership obligations. The Article of Incorporaton, the CC&R's, any rules, and the actual Delcaration the developer had to file with the state to develop the subdivision. You should also be able to see the reason the "other sections" do not need to pay assessments.

Find where the Law Library is in your city (if you have a courthouse) If not in your city, perhaps in one close to you. You can get a copy of the Vernon's Civil Statues of Texas covering Non-profit Corporations. I have recently downloaded (by email) a copy my county's law library had. YOU WILL NEED "TITLE 32-CORPORATIONS," "CHAPTER 9-NON PROFIT," THEN "ARTICLE #1396". This covers more than HOAs and is 192 pages long. For HOAs you need ARTICLE 1395 - 2.01 up to Art. 1396 - 4.06. These are the latest updates for the Texas law. This outdates the photocopies of the law I had previously. Neat - didn't cost me a penny, which I would have paid hadI been in the law library itself.

One important thing I have learned this weekend by reading the actual law coverning HOAs. Like Roger says, the term "dues" belong ONLY to membership in an organization. Texas Civil Statues uses the term "assessments" for revenue received from members in the corporation, who have a financial obligation, to support the HOA. This may seem to be a small thing, but it is very important when it comes to enforcement of the CC&R's (and what is written on your deed), Which term is used on your documents? Example: in Texas, your Board of Directors can foreclose and resell your property for non payment of "assessment(s)" even if the property has been home steaded! However, they can't do this for "dues" even if the dues are for the support of the HOA. This principle is also in the governing of your HOA. You need to read the documentaton for your HOA.

In the HOA I am in, the term "dues" is used in our documents. Only since 1994 was a road "assessment" added.

We are also supposedly a "member managed association". Now I have just learned, by reading the actual law, if a statment to this effect is NOT SPECIFIED ON THE ARTICLE OF INCORPORATION, then the Board becomes its "manager" by default.

Oh well, "ignorance is no excuse of the law."

Because HOA's fall under Civil Law, the only recorse is taking your Board to court. Be careful about entering into this type of action. Be sure you have all the documentation you need beforehand, as chances are you may end up with not only your legal fees, but court costs for both you and your HOA.

Good luck. Keep reading this site. You will not only learn a lot, but you will learn the questons you need to ask. Nikki T.