Full question:
Our home is in a trust. We belong to an HOA. My father is administrator of the trust. He has assigned me (his daughter) to represent the trust with the HOA. As the representative, I feel I should have all rights of any homeowner such as being on the board or holding an officer position. What statute should I use to force the board to accept the representative of this property with all homeowner rights? Also, if the board does not accept this representative, do we have to pay homeowners dues? (Taxation without representation?)
- Category: Real Property
- Subcategory: Homeowner's Association
- Date:
- State: Texas
Answer:
The answer depends on the governing documents, bylaws, and contracts of the HOA. Review the bylaws and other governing documents carefully for procedures regarding homeowner representation. These documents may outline how to address disputes about representation and dues.
Homeowners associations are generally subject to due process, which ensures that actions affecting rights related to property are carried out fairly. It's important to distinguish between rights and privileges. Due process issues often arise when a homeowner faces fines or penalties or if the association fails to follow its own rules.
To determine if the association's actions meet due process requirements, consider the following:
- Is the action related to the association's purposes?
- Is the action within the association's powers?
- Is the action reasonable in its application?
- Did the association follow due process?
In Texas, specific statutes apply to condominiums, such as § 82.110 regarding voting and proxies, which outlines how votes can be cast by unit owners (Tex. Prop. Code § 82.110). If the board does not recognize your representation, you may still be obligated to pay dues, as this is typically a contractual obligation separate from the right to hold a board position. You might explore placing dues in escrow if there is a dispute, but this varies by association.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.