A constitutional amendment that prohibits homeowners associations (HOA) from adding to the growing number of foreclosure homes in Texas has been filed by Representative Burt Solomons. It means that HOAs may lose their authority to imposed Texas foreclosures on homeowners who failed to pay their dues and other association fees.



The amendment is aimed at providing additional protections and rights to homeowners in neighborhoods managed by HOAs. This amendment is expected to cover North Texan homeowners and those who are in danger of becoming owners of foreclosure homes because of their failure to pay their dues.

Solomons explained that he hopes the amendment will restore some balance on the housing market after the HOAs have shown that they have been out of control by going after distressed homeowners and adding to the growing number of foreclosure homes just because members failed to pay their dues.

Texas has about 20,000 HOAs which, under the state law, have the authority to conduct foreclosure homes activity in their jurisdictions.

Texas HOAs are expected to oppose Solomons? amendment. In fact, Valley Ranch HOA board member Rick Stopfer, already pointed out that the amendment will deprive HOAs the capacity to fulfill their duties and responsibilities to their members.

Stopfer explained that in becoming members of an association, homeowners have agreed to pay all dues and fees required to help HOAs better serve the community. He added that a foreclosure homes option is just one way to penalize homeowners who refused to comply with the agreement.

The proposed constitutional amendment would be submitted for approval to Texas voters. The amendment forbids HOAs to enforce foreclosure homes within their areas of responsibilities. It also stated that distressed properties should not be taken from their owners as payment for a debt owed to HOAs.

Meanwhile, a companion measure filed by Solomons proposed a revamp of Texas's HOA laws, give homeowners? access to association records and meetings and require a transparent and fair homeowner board member election.

Solomons also proposed to prohibit HOAs from stopping homeowners in their jurisdictions to use solar panels, adding that the rule is out of sync with the current efforts to use energy sources that are environmentally friendly.

On the other hand, Stopfer said that he could not remember a case in which an HOA implement a foreclosure homes option because of nonpayment of fees and dues. He pointed out that a payment plan is always available for those delinquent homeowners.