When you move into a home, you hope to move into a community. You want your feeling of comfort and wellbeing to extend beyond the bounds of your property. And you want to be certain that should something go wrong or another member of the community act against the rest, legal action can and will be taken. This is why property owners associations have been formed and why the Texas Property Code includes a chapter (209) that deals with such associations, entitled The Property Owners Protection Act.



The chapter applies only to associations in which membership is mandatory for all or a majority of the residents in a subdivision and in which an official declaration authorizes an association to enforce restrictions or provisions on all or the majority of a community’s residents. The association may be termed a homeowners association or a community association; however the chapter does not apply to condominium communities.

The Code details how an association can operate or what it is legally allowed to do. It outlines the attorney’s fees an association may collect, how voting must be conducted, how foreclosures are to be handled, and what records must be kept by an association for legal documentation. In short, knowing what is in this chapter is what will keep your property owners association functioning.

Should an occasion arise in which action must be taken against a resident in the subdivision, certain prior actions must be taken so as to ensure the legality of the act. These requirements are laid out in section 209.006 in the Property Code. This section states that before an owner’s rights are suspended, the association must file a suit against the owner that does not request collection for a regular or special assessment or call for foreclosure under an association’s lien, payment for property damage or payment for violating the association’s laws.

When notice is given that an owner’s rights have been suspended, the notice must be written and delivered by certified mail. It also must detail the violation that caused the suspension or similar punishment, such as a charge or fine. If it is a fine, the amount due must be specified. The owner also must be informed of how long he has to make good the violation - this must be a reasonable amount of time - and that should he want to dispute the act, he has 30 days following notice to do so. If these actions are not taken, the notice of suspension is moot.

It is important that you and all members of the association are aware of these rules, as if an association is prevented from acting accordingly; there is no point to the formation of the group. It can do nothing when stunted by necessities that prevent abuse and harassment. Therefore, when forming your association or when next with your association, discuss the Texas Property Code and ensure that perhaps not all members but at least those in charge can keep the association running smoothly.

To view chapter 209 of the Texas Property Code, visit http://tlo2.tlc.state.tx.us/statutes/docs/PR/content/htm/pr.011.00.000209.00.htm