By Sen. Jeff Wentworth
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With an estimated 4.8 million Texans living in communities with homeowners associations (HOAs), it is not surprising that complaints from homeowners are on the rise.
HOAs are intended to maintain common areas in residential neighborhoods and condominiums and to protect homeowners' investments in their property by enforcing aesthetic guidelines.
I co-authored SB 238 to strike a balance between the community's interest in maintaining consistent aesthetics and the freedom of individual homeowners to make sensible investments in clean energy.
The bill, which passed in the Texas Senate on March 31, would amend current law relating to the regulation by an HOA of the installation of solar energy devices. The device, if installed on the roof of a home, could not extend higher than the roofline and must conform to the slope of the roof.
It could also be installed in a fenced yard or patio, but could not be taller than the fence line.
Fourteen other bills relating to HOAs have been filed. HB 2253 would prohibit an HOA from adopting a restrictive covenant that requires a property owner to use an HOA-approved contractor for alteration, maintenance, or repair of the property owner's property.
Some HOAs prohibit their owners and residents from posting religious items on the doors of their own homes. An owner who refuses to remove such an item risks being fined by the association. In some instances, the HOA's prohibition depends on the religion the object represents.
HB 1278 would prohibit an HOA from enforcing or adopting a restrictive covenant that prohibits a property owner from displaying on their own door a religious item expected to be displayed by a tenet of the owner's religion.
Disputes also have arisen in HOAs over the display of flags. HB 2779 would allow residents in an HOA to display the United States flag, the State of Texas flag, or an official replica flag of any branch of the United States Armed Forces.
The HOA would be allowed to regulate the size of flags, and flagpoles could be no higher than 20 feet.
SB 142 is a comprehensive bill that would ensure the basic private property rights of individuals in HOAs. It would change the law to require the disclosure of association bylaws and guidelines prior to the purchase of a home within the HOA.
It would require adequate descriptions of fees and fines assessed against homeowners and the ability to cure any violations prior to legal enforcement actions by the HOA.
It would guarantee access to HOA books and records, including financial documents. Timely notice would be required for association meetings, and it would put in law the appropriate procedures for the election of board members.
Finally, it provides for avenues of redress and redemption of property in case of foreclosure. SB 142 was passed in the Senate on April 5.
As HOAs increase in number, so does the potential for abuse. Existing laws do not provide adequate protections for homeowners. I am hopeful that these bills will become law and restore the rights of Texas homeowners.
You may follow the progress of these bills and others online at www.legis.state.tx.us.
Jeff Wentworth is state senator of District 25.
