Homeowners associations (HOAs) are meant to keep neighborhoods well-maintained and property values high. But what happens when your HOA starts making unfair decisions, enforcing rules inconsistently, or even overstepping its legal boundaries?

Dealing with an HOA in Texas can be frustrating, especially when unexpected fees or unclear rules start to pile up. If you’ve ever felt like your HOA is making things harder instead of helping the community, you’re not alone. Fortunately, Texas law gives homeowners certain rights, and there are ways to push back against unfair practices.

At Pathways Property Lawyers, we have helped countless property owners in Houston resolve disputes and disagreements with Homeowners Associations. Our Houston real estate lawyers are here to help you when HOAs are unfair! Here’s what you need to know if your HOA is acting unfairly—and how to protect your rights as a homeowner.

Understand Your HOA’s Power and Limitations

Before taking action, it’s important to understand what your HOA can and cannot do. In Texas, HOAs operate under a set of rules outlined in key governing documents. The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the primary document that outlines the rules homeowners must follow. Additionally, the bylaws detail how the HOA operates, including board elections, meetings, and rule enforcement. 

Texas law also provides oversight through the Texas Property Code (Chapter 209), which regulates HOAs and protects homeowners from unfair practices. While HOAs have the authority to enforce community rules, collect fees, and issue fines, they must follow certain rules and laws. If your HOA is ignoring these rules, they may be acting illegally.

Step One: Identify the Unfair Practices

The first step is to identify the unfair issue or treatment. Unfair treatment by an HOA can take many forms, including:

• Selective enforcement of rules – If your neighbor is allowed to park a boat in their driveway but you receive a fine for it, your HOA may be enforcing rules unfairly.
• Excessive fines and fees – HOAs can impose fines, but they must provide written notice and follow legal procedures.
• Denying property modifications unfairly – If your HOA rejects your request for a fence or home improvement while allowing others to make similar changes, this could be an issue.
• Failing to maintain common areas – Your HOA collects dues to maintain shared spaces. If they neglect this duty, they may be mismanaging funds.
• Lack of transparency – Texas law requires HOAs to provide financial reports, meeting minutes, and other important records to homeowners upon request. If they refuse, they may be violating the law.

After pinpointing the issue, start collecting proof to back up your case. Save any letters or emails from the HOA, take photos if needed, and keep a copy of the community rules.

Step 2: Review Your HOA’s Governing Documents

When dealing with a dispute, start by reviewing your HOA’s rules and regulations. Look closely at the CC&Rs and bylaws to make sure the HOA is following the proper procedures.

For example, if you received a fine, check whether the HOA followed the proper steps. If they denied your request for a home modification, look for a clear reason in the CC&Rs. If the HOA isn’t following its own guidelines, you have a solid case to push back.

Step 3: Communicate with Your HOA in Writing

The next step is to address the issue with your HOA formally. Instead of confronting board members in person or over the phone, send a written complaint via email or certified mail.

Your letter should include:

• A clear explanation of the issue
• References to the HOA’s governing documents or Texas law
• A request for a resolution
• A deadline for a response

Putting everything in writing ensures you have a paper trail in case further action is needed.

Step 4: Attend an HOA Meeting and Raise Your Concerns

Texas law requires HOAs to hold open board meetings where homeowners can voice their concerns. If your written complaint is ignored, attend a meeting and speak during the homeowner comment period.

Come prepared with facts, copies of HOA documents, and a clear explanation of the issue. If other homeowners are facing similar problems, encourage them to attend and speak up as well.

If the board dismisses your concerns, request that your complaint be added to the meeting minutes as an official record.

Step 5: Request HOA Records

Under Texas law, HOAs must provide certain records upon request, including:

• Financial statements
• Meeting minutes
• Vendor contracts
• Lists of violations and fines

If you suspect your HOA is misusing funds, acting unfairly, or failing to enforce rules properly, you can submit a written request for records. If they refuse, they may be violating Texas transparency laws.

Step 6: File a Complaint with Texas Authorities

If your HOA continues to act unfairly, you can escalate the issue by filing a complaint with the Texas Attorney General’s Office or your local county or city government. 

Filing a complaint won’t always result in immediate action, but it puts pressure on the HOA and creates a record of misconduct.

Contact a Houston Real Estate Lawyer

If all else fails, consulting a real estate attorney in Houston may be the best course of action. Your lawyer can:

• Send a formal demand letter to the HOA
• Negotiate on your behalf
• File a lawsuit if necessary

Texas courts have ruled against HOAs in cases of unfair fines, selective enforcement, and financial mismanagement. If your rights are being violated, legal action may be your best option.

Contact Our Houston Real Estate Attorneys

If you’re struggling with a difficult HOA and need legal guidance, consider speaking with a Texas real estate attorney. An experienced real estate law firm can help you navigate your rights and take the right steps to protect your home and investment.

You don’t have to face this alone—know your rights, take action, and push back against unfair HOA practices. Call Pathways Property Lawyers today at 832-364-6234 or fill out our contact form. 

Thomas H. Smith III

Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law.

Tom began working at Roger G. Jain & Associates as a clerk in February 2004. When he graduated from UH Law Center in 2005, he continued here as an attorney, where he has worked through today. He is a trial lawyer, whose insight, analysis, and attention to detail have helped the firm obtain its favorable results. Read more here.