HOA Lawyer Waco

If you have legal issues involving a homeowner’s association in Waco, please contact the real estate attorneys at Dunnam & Dunnam for a free consultation by calling 254-753-6437.

Our attorneys represent parties involved in HOA disputes involving:

  • Access to association records and minutes
  • Assessment of fines for non-compliance with HOA covenants
  • Assessment of HOA fees
  • Enforce bylaws and take other corrective actions against an HOA
  • Helping correct discrimination against homeowners
  • Restricting utility services like satellite television
  • Removing liens against the property
  • Wrongful denial of ACC/ARC requests, such as adding a pool, patio, deck, or moving a fence.

Homeowners’ Association Rights

HOAs bylaws must abide by the Texas Residential Property Owners Protection Act and all state and local laws. Mandatory homeowner participation in the association is up to the discretion of the board of directors through the community bylaws.

Overdue Fees

In the event of overdue fees, the HOA can impose liens on the property. The board of directors may even foreclose on the property. In foreclosure, the owner can redeem property up to 180 days after the post-foreclosure notice. The owner must repay the HOA for the price paid at the foreclosure sale plus interest, reasonable attorney fees, and any assessments and maintenance costs levied after the purchase.

Board Meetings

All board meetings are required to be open to association members. The board of directors may, however, request a closed executive session when discussing sensitive information such as account delinquencies. Once the closed session is over, all discussions must be generally summarized, as not to give away sensitive material, and added to the official minutes.

HOA Board Responsibilities

The board of directors will be responsible for maintaining all community records and financial information. All documents must be made available to HOA members upon request unless they contain sensitive information such as attorney files.

Community Records

If an HOA manages more than 14 lots, it is required to keep certain documents on file and available to homeowners:

  • Financial records must be kept on file for seven years.
  • Account records of current owners must be kept on file for five years.
  • Minutes of all official meetings must be kept on record for seven years.
  • Tax return and audit information must be kept on file for seven years.

Before any fines or liens are enforced, the board of directors must send written notice via verified mail. The owner can then request a formal hearing before a committee to plead their case.

Annual Meeting

Community associations are required to hold an annual homeowner’s meeting to discuss the budget and other community matters. If the board of directors fails to hold a yearly conference, it is the responsibility of the owners to immediately elect a new board of directors.

Talk with a Waco Homeowners Association (HOA) Attorney

If you have legal issues involving a homeowner’s association in Waco, please contact the real estate attorneys at Dunnam & Dunnam for a free consultation by calling 254-753-6437.

Vance Dunnam Jr. is a board-certified real estate law expert, because he is board certified in both residential real estate law and commercial real estate law by the Texas Board of Legal Specialization.

Vance Dunnam Waco Attorney at Dunnam & Dunnam

Vance Dunnam, Jr.

Vance has been licensed by the State Bar of Texas since 1977 and has practiced law in Waco, Texas since 1978.

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