Property owners associations exist to benefit a group of property owners with common concerns, such as maintaining common areas or preserving property values. Tackling issues that arise for a Houston property owners association can seem like a daunting task.
If your Houston property owners association finds itself needing legal assistance, Porter Law Firm is here to answer all your needs. We will advise on the solutions you need to enforce association rules and mitigate disputes. Whether you belong to a residential community property owners association, such as an HOA, or a commercial property association, we have the knowledge and experience to provide you with guidance through the process. Property disputes, contract issues, or conflicts within your POA board may require legal intervention. Our Houston real estate litigation and dispute attorneys can provide strong representation to resolve your concerns effectively.
Don’t settle for less when looking for legal guidance for your property owners association. Contact Porter Law Firm at (713) 621-0700 to explain your issues so we can begin to tackle them today.
How Porter Law Firm Assists Houston Property Owners Association
For over fifteen years, Porter Law Firm has been assisting clients in the management and governance of Houston property owners associations. Here are some of the reasons that clients in the Houston area choose us:
- Understanding of Required Governing Documents: There are specific governing documents, such as bylaws and architectural guidelines, that are needed. We help clients draft and interpret these governing papers.
- Dispute Resolution: Conflicts may arise amongst owners or board members. We can help to hear the differing parties’ concerns and seek resolution.
- Compliance with Transparency Requirements: Houston property owners association has specific transparency requirements by law. We assist in advising on the proper notices and record-keeping that are required.
- Knowledge of the Market: With so many clients served in the Houston area, we understand the concerns of both homeowner and commercial property associations, including the common laws that govern.
POAs face unique challenges, but no two associations are the same. Whether your association needs help with collections, deed restriction enforcement, general guidance on contracts, or simply an attorney who is more responsive to your community’s needs, Porter Law Firm can help you achieve your goals.
Definition of Houston Property Owners Associations
The general definition of a Houston property owners association is an organization that manages properties in a community to enforce rules regarding common areas and interests. These associations have governing bodies and regulations that are in charge of collecting funds and administering those funds for the benefit of the community. The exact definition and governing rules depend on whether the property owners association is for a commercial community versus a residential community.
Residential property owners associations mainly govern residential communities. They are intended to protect the interests of the residential communities, such as for safety, convenience, and maintaining property values. Residential property owner associations typically fall into two buckets: Homeowners associations and Condominium associations.
Houston Homeowners Associations
Homeowners associations are subject to the Texas Residential Property Owners Protection Act outlined in Texas Property Code §209.
These rules allow for transparency in the governance of homeowners associations so that the property owners can hold the board accountable for decisions. Our Houston contract review attorneys can ensure your POA complies with relevant laws and regulations for legal issues related to governance, transparency, and disputes.
Houston Condominium Associations
Like Houston homeowners associations, Houston condominium associations govern residential areas. Specifically, they provide for the collective benefit of unit owners in a condominium. Common elements include hallways, elevators, pools, roofs, and electrical systems. Individual unit owners are responsible for their own interior units, such as the flooring, walls, and appliances, unless modified by the condominium’s obligations. A failure to maintain common elements and provide for a safe environment can result in legal action.
Houston Commercial Property Owners Associations
Houston’s commercial property owners associations are similar to residential owners associations in that they manage shared resources and look out for the benefit of a community. The primary difference is that the communities they serve are those of a commercial nature. Some examples include office parks, retail centers, and business centers.
Unlike residential property owners associations, Houston commercial property owners associations are not outlined in a specific statute. However, there are legal statutes that provide the framework to allow these associations to make covenants that govern the commercial community.
If your POA needs assistance navigating zoning laws, regulatory compliance, or resolving disputes, our Houston commercial real estate attorneys are here to help.
Steps to Form a Houston Property Owners Association
With the governing framework for both residential property owners associations and community property owners associations, there are typical steps that are taken to formalize a Houston property owners association. These are:
- Creating a Declaration of Covenants, Conditions, and Restrictions: Also known as CC&Rs, this document outlines the rights, obligations, and restrictions for property owners in the community.
- Creating Bylaws: Bylaws are formal rules that govern the operation of the property owners association. This includes rules for board elections, meetings, and decision-making.
- Formally Incorporating: The typical legal structure for a Houston property owners association is as a nonprofit organization. By incorporating the association, the board members are protected from personal liability and the association is provided with the authority to enter into contracts, collect dues, and enforce rules.
- Filing Governing Documents: After formally incorporating, the CC&Rs and other business incorporation documents must be filed with the county clerk.
- Determining the Board of Directors: Board members are elected to oversee the property owners association. The election process is typically governed by the bylaws. After choosing the board members, the rules of the association can begin to be enforced and finances managed. This includes collecting dues from owners to fund maintenance and shared infrastructure. The board will meet regularly to assess ongoing concerns that need to be addressed within the community.
Common Legal Issues That Arise in Houston Property Owners Associations
Both residential property owners associations and commercial property owners associations in Houston may encounter legal challenges in the governance and administration of the responsibilities of the associations. Some issues that may arise include:
- Collection Disputes: Dues from property owners are used to fund the maintenance and repairs of collective assets in the community. A dispute can arise if there are property owners who fail to pay or argue that the amounts are invalid. A Houston property tax appeal attorney can help challenge unfair tax assessments affecting your POA’s finances.
- Maintenance Issues: A common scenario is a dispute for what is considered a common area versus the responsibility of a private owner. The CC&Rs are important in determining the applicability here.
- Rule Enforcement: Issues related to the unfair enforcement of rules, such as noise ordinances or signage requirements, can bring disputes.
- Access to Records: Property owners may bring issues if there are allegations of record keeping being falsified or a lack of transparency in distribution to owners.
- Conflicts of Interest: Board members may be accused of negligence or other issues if there are alleged conflicts of interest for one or more board members in the management of funds and assets.
What Legal Guidance Do Lawyers Provide to Houston Property Owners Association?
With all the rules and restrictions on the formation and governance of Houston property owners associations, it may feel overwhelming if you find yourself involved in a dispute. POAs are corporations that require the advice and counsel of an experienced attorney familiar with the specific laws affecting community associations. There are various ways in which lawyers are valuable in guiding Houston property owners associations. From the beginning, Lawyers can assist in the drafting, reviewing, and amending of the key documents required for associations so that they are valid and provide the necessary rights to govern. This includes all the transparency requirements of meetings, record retention, collection of dues, and compliance with CC&Rs and bylaws.
If disputes arise between board members or property owners, a lawyer can advise on the most affordable way to come to a solution while avoiding litigation. Lawyers can also be valuable in assisting in negotiating and drafting contracts with vendors that associations use to fulfill their community obligations. Other ways property owners association lawyers in Houston can be helpful include determining any tax strategies to maximize funds and representing you if there are issues with land use, permitting, or other similar third-party claims.
Contact A Houston Property Owners Association Attorney Today
If you are a part of a Houston property owners association, you likely understand some of the headaches that come with governing these important organizations and ensuring they are functioning as designed. No matter if you are facing a legal issue with a Houston residential property owners association versus a Houston community property owners association, Porter Law Firm can advise you on what your legal options are. We assist clients with business strategy, negotiation tactics, mitigating risk, and any other issues your property owners association might be facing. Don’t hesitate to reach out to one of our Houston property owners association lawyers today. We are here to make sure that the association is working for you, so you don’t feel like you are solely doing the work for it. Contact Porter Law Firm today at (713) 621-0700 or fill out the form to schedule your consultation.