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Protect our Homestead!

The homestead of a family, or of a single adult person, shall be, and is hereby protected from forced sale, for the payment of all debts.... 

Article 16, Section 50 of

The Texas Constitution.


TEXAS

HOMEOWNERS

FOR

HOA  REFORM

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Our Motto:  HOA  Abuse  Must  Stop

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The Texas Homeowners for HOA (Homeowner Association) Reform, Inc. is a web based 501(c)(4) non-profit organization.  We invite any Texan who supports our Objectives to become a member. Dues are not tax deductible.

Contributions to The Texas Homeowners for HOA Reform Education Fund, Inc., a 501(c)(3) organization, are tax deductible. The Texas Homeowners for HOA Reform Education Fund, Inc. is non-partisan and does not endorse candidates for political parties. THHR Education Fund, Inc. does respect the art of politics - the discussion, debate, and active participation required of individuals to take collective action in reclaiming their constitutional and civil rights. To this end, its goals are to educate the citizens of Texas by holding conferences and seminars and by providing educational materials.

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Objectives


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     1.  To eliminate the HOA foreclosure threat to all homeowners in Texas.


     2.  To amend Property Code Chapters 204 and 209, restoring homeowners' control of their own property and associations as opposed to HOA boards having "all powers." (Those statutes subjected homeowners to HOAs without consent, to deed restrictions without consent, to arbitrary and often secret rules, and to the threat of the loss of home because of all these changes.)


     3.  To seek justice and equal treatment for Texas homeowners under the Constitutions of Texas and of the United States.


     4.  To correct Property Code Section 5.006 enabling a homeowner to have an equal opportunity in any HOA suit to receive an award of attorney fees.


     5.  To remove HOAs power to assess fines for deed restriction violations.


     6.  To make all Texas HOAs subject to The Open Records Act and The Open Meetings Act.


(Click here to see specific details of these objectives.)



Mission Statement


     The Texas Homeowners for HOA Reform, Inc. was founded to unite Texans statewide who believe as we do that Texas homeowners who are members of mandatory HOAs had their fundamental rights diminished and denied by the current Texas Property Codes, and support our objectives to introduce legislation that restores those rights.


     We believe, without reservation, that the Texas Homestead Act prevents homeowner associations from foreclosing on any Texas homeowner, and the Texas Property Codes should unequivocally support this basic right.


     Although not all HOA boards abuse their power, we believe that mandatory HOA boards were given, with the passage of Texas Property Codes 204 through 209, unrestricted power to impose and collect dues, fees and fines from the homeowners within their associations.  In addition, these Property Codes also give HOA boards the right to widely interpret Deed Restrictions leaving Texas homeowners with very little or no recourse in solving disputes with their HOA boards.


     We believe that all Texans need to know the rights that are denied to a select group of Texas homeowners as well as the possible threat to every Texas homeowner if currently proposed legislation is allowed to become law.


     We believe that Texans must be united in their effort to amend the current Texas Property Codes. 


     To this end the Texas Homeowners for HOA Reform, Inc. was established.  We intend to be diligent in our efforts until laws are created that protect basic homestead rights and guarantee a fair and democratic process in all Texas Homeowner Associations.

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     The current Texas laws give HOA boards a heavy hand in collecting maintenance fees through the use of judicial and non-judicial foreclosures.  In addition, the current Texas laws allow HOA boards and their agents, or management companies, the ability to enforce deed restrictions that may or may not be specifically stated in the Association's Covenants or Deed Restrictions.


     Texas homeowners now face a time when mandatory HOAs are being created in areas all across the state.  Legislation must be enacted, and soon, to provide a counterbalance to the current heavy hand that HOA boards enjoy.  Legislation must be enacted to provide homeowners with inexpensive recourse when their HOA boards abuse their powers.  The only recourse homeowners now have is spending thousands of dollars on their own in legal fees.  Even voting privileges are suspended in many HOAs when homeowners owe their associations or have anything pending, according to their HOA Board.


     Mandatory associations have created a billion dollar "industry" for HOA attorneys and management companies, at the expense of homeowners.  The Community Associations Institute (CAI) is an organization made up of these attorneys and management companies.  The CAI is responsible for the loss of homeowners' rights and resulting HOA abuses because of the legislation their members wrote and lobbied to pass.  The Texas Homeowners for HOA Reform gives homeowners a means by which they can unite in asking Texas legislators to correct these laws and level the playing field between HOAs and homeowners.


    If you agree with our objectives, we invite you to become a member.  Some of our charter members have experienced problems with their HOA and others have not, but all believe that HOA Boards have too much power.  Our objectives do not include doing away with HOAs or revising specific Deed Restrictions an HOA might have.  That should be decided by the members of each HOA.  However, just like our own state and federal government, HOA Boards need to have a checks-and-balances system to prevent abuse and tyranny by board members.  We believe the Texas State Legislature can provide this system if they are made aware of the problems and the solutions that can correct the problems.


     Texas homeowners must unite in order to carry any weight with our legislators so they will listen and change the laws.  The CAI has very deep pockets that contribute to PACs (Political Action Committees) who lobby the legislators to pass the laws they want.  We are not a PAC.  But to have a voice that's heard in Austin, we must unite.  We need your membership.


     The Texas Homeowners for HOA Reform, Inc. can offer no legal advice for those involved in disputes with their Associations.  However we would like a record of any disputes for our files.


From the Board of Directors

of the Texas Homeowners for HOA Reform


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 Texas Homeowners for HOA Reform, Inc.
 PO Box 20086
 Houston, TX 77225-0086
 United States

Bill of Rights for Homeowners in Associations

by David A. Kahne, Esq.


A Publication by The AARP Public Policy Institute

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