Homeowners’ associations (HOAs) can be a beneficial part of community living, ensuring that neighborhoods are well-maintained and property values are protected. However, conflicts can arise when the HOA board takes actions that seem to exceed their authority, particularly regarding financial matters like special assessments. One issue in Texas, especially in the South Padre Island area, is when HOA boards raise special assessments without holding a vote from the members. This can leave homeowners feeling financially burdened and unfairly treated.
What Are Special Assessments in HOA?
A special assessment is a charge that the HOA imposes on homeowners to cover unanticipated expenses. Unlike regular assessments or dues, which cover routine maintenance and community operations, special assessments typically fund large, unexpected repairs or upgrades. These could include repairing storm damage, upgrading community amenities, or addressing significant infrastructure problems.
While HOAs have the authority to levy assessments, raising a special assessment without the homeowners’ approval can lead to legal challenges, especially when the board sidesteps the community’s voting process. This issue becomes particularly concerning when large sums are involved.
HOA Voting Rights and Bylaws
Every HOA operates under a set of governing documents, including the declaration of covenants, conditions, and restrictions (CC&Rs), bylaws, and rules and regulations. These documents outline how assessments are handled and, more importantly, when and how members should be involved in the decision-making process.
In many cases, Texas law requires a vote from the HOA members before special assessments can be raised, particularly if the assessment exceeds a certain threshold or if it’s not explicitly covered in the annual budget. However, HOA boards may attempt to bypass this requirement, relying on vague language in the governing documents or interpreting their authority too broadly.
Tenant Rights and Legal Protections
If you’re a homeowner in an HOA community and believe that a special assessment has been unfairly imposed without proper voting, The Barrera Law Firm can assist in understanding your rights and challenging the action. In Texas, there are protections in place to prevent HOA boards from overstepping their authority.
The Texas Property Code provides that homeowners have a right to vote on significant financial matters that affect them. In cases where the governing documents are unclear, or where an HOA has acted in bad faith by avoiding a vote, legal remedies may be available. The Barrera Law Firm, serving the South Padre Island area, specializes in helping homeowners navigate these complex issues and can advocate on your behalf.
How The Barrera Law Firm Can Help
The Barrera Law Firm is committed to protecting the rights of homeowners in HOA disputes, particularly in cases involving special assessments. The firm can:
- Review HOA Governing Documents: They will carefully examine your HOA’s CC&Rs, bylaws, and any amendments to ensure that the board is complying with the rules.
- Challenge Unlawful Assessments: If the HOA imposed a special assessment without following proper procedures, The Barrera Law Firm can file a legal challenge to have the assessment overturned or reduced.
- Advocate for Your Voting Rights: Homeowners have a right to a say in significant financial decisions. The Barrera Law Firm can help ensure that your voice is heard and that the HOA adheres to democratic processes.
- Negotiate with the HOA: Often, disputes can be resolved through negotiation. The firm can work on your behalf to reach a fair resolution, potentially avoiding costly litigation.
Conclusion
If you’re dealing with an HOA in Texas that has raised a special assessment without a vote, it’s important to know that you have rights. The Barrera Law Firm is here to provide expert legal guidance, ensuring that your HOA complies with the law and that your financial interests are protected. With their extensive experience in Texas property law, they are well-equipped to handle these complex disputes and help you secure a favorable outcome.
For more information or to schedule a consultation, contact The Barrera Law Firm today and take the first step in protecting your rights as a homeowner.
