Every homeowners association has its own set of rules and regulations. These rules dictate what homeowners can and can’t do. They are established through the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), but there are also operating rules that go into more detail.

What is the difference between CC&Rs and HOA rules?

Although they share similarities, the CC&Rs and the HOA rules are different. The CC&Rs define the rights and responsibilities of the HOA and its members. This document also outlines community standards and property restrictions. In contrast, the operating rules are additional policies that the HOA board enacts to clarify, expound on, and enforce the CC&Rs. They tend to be more specific. The CC&Rs must be recorded with the local county recorder, whereas HOA rules have no such requirement. It is also more difficult to amend the CC&Rs, requiring a vote from the membership, whereas the rules only require board approval.

What are the common HOA rules and regulations?

While no two HOAs are the same, there are some rules that are more common than others. These include the following: property maintenance, architectural rules, noise rules, parking restrictions, pet policies, rental restrictions, common area use rules, trash and recycling guidelines, holiday decoration rules, and signage restrictions.

What happens when you violate HOA rules?

Here are the potential consequences of violating HOA rules: fines, loss of privileges, and liens.

HOA Rules And Regulations Matter: Stay Compliant And Avoid Fines

Q: What is the difference between bylaws and HOA rules?

The HOA bylaws also fall under the governing documents of the association, much like operating rules. While the rules set specific policies for homeowners to follow, the bylaws dictate the internal operations of the HOA. The bylaws cover HOA governance, including board elections, meetings, and voting procedures. Much like the CC&Rs, bylaws typically require a vote from the membership to change. There is also generally no legal requirement to record the bylaws with the county recorder’s office, but many HOAs choose to do so anyway.

Q: How are HOA rules enforced?

It is the responsibility of the HOA board to enforce the HOA rules and regulations. If there are any violations, the board must follow the enforcement procedures outlined in state laws and the governing documents. Typically, this starts with a notice of the violation. The homeowner then gets a chance to remedy the violation to avoid further penalties. If they fail to do so, a disciplinary hearing will follow. At this hearing, the homeowner can present their case, and the board will decide whether or not to impose a penalty.

Q: Can an HOA foreclose on a lien consisting of fines?

Some HOAs have the ability to place a lien on a home for accumulated unpaid fines. Whether or not an HOA can foreclose on a lien solely consisting of fines depends on state laws and the governing documents.

Q: How do I change HOA rules?

In general, the governing documents of an HOA should outline the process and requirements for changing rules. It is important to check the CC&Rs, bylaws, and operating rules first before starting anything. or operating rules, the HOA board can typically amend them with a simple board vote. This means that they don’t require a membership vote, which is usually reserved for amendments to the CC&Rs or bylaws. If a homeowner wishes to change the rules, they can propose the change to the HOA board. This usually involves submitting a formal request and then drafting the new rule. The board will then notify homeowners and discuss the change at the next board meeting. Should the vote pass the change, the HOA board must then notify all homeowners of the change and implement it. Enforcement must be fair and consistent.

Q: What is the New Law About HOA in Texas?

In Texas, House Bill 614, went into effect on January 1, 2024. This new law requires HOAs to practice greater transparency. It mandates them to provide homeowners with detailed information about fees, fines, and hearing procedures. The mandate includes posting this information online and distributing them annually.

Homeowners must follow HOA rules and regulations to avoid penalties, including monetary and legal ones. While some may find them frustrating and too inhibiting, rules exist for a reason. They serve an important purpose in maintaining community standards and property values.

What are HOA Rules and Regulations?

Every homeowners association has its own set of rules and regulations, which dictate what homeowners can and can’t do. These rules are established through the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), but there are also operating rules that go into more detail.

HOA Rules vs CC&Rs

Although they share similarities, the CC&Rs and the HOA rules are different. The CC&Rs define the rights and responsibilities of the HOA and its members. This document also outlines community standards and property restrictions.

In contrast, the operating rules are additional policies the HOA board enacts to clarify, expound on, and enforce the CC&Rs. They tend to be more specific.

The CC&Rs must be recorded with the local county recorder, whereas HOA rules are unnecessary. It is also more difficult to amend the CC&Rs, requiring a vote from the membership, whereas the regulations only require board approval.

HOA Rules vs Bylaws

The HOA bylaws are also governing documents of the association, much like operating rules. While the rules set specific policies for homeowners to follow, the bylaws dictate the internal operations of the HOA. The bylaws cover HOA governance, including board elections, meetings, and voting procedures.

Much like the CC&Rs, bylaws typically require a vote from the membership to change. There is also generally no legal requirement to record the bylaws with the county recorder’s office, but many HOAs choose to do so anyway.

Common HOA Rules and Regulations

While no two HOAs are the same, some rules are more common than others. These include the following:

Property Maintenance. Homeowners must maintain their home’s exterior appearance, practice lawn care, and perform necessary repairs.
Architectural Rules. Homeowners must follow specific architectural standards before making any modifications, improvements, or alterations.
Noise Rules. Many HOAs enforce quiet hours and prohibit residents from using excessive noise.
Parking Restrictions. Associations might limit street parking and guest parking. Rules can also extend to vehicles, prohibiting commercial ones.
Pet Policies. An HOA might prohibit pets or restrict the type, breed, and number of pets an owner may keep.
Rental Restrictions. Many HOAs prohibit or restrict short-term rentals.
Common Area Use Rules. Associations typically have rules regulating the use of common areas and amenities. These include opening hours, behavioral rules, attire, and more.
Trash and Recycling Guidelines. Homeowners must place garbage bins in specific locations and follow trash pickup schedules.
Holiday Decoration Rules. Many HOAs impose time limits and other restrictions on holiday decorations.
Signage Restrictions. An HOA might regulate political signs, commercial ads, and for-sale signs.

Enforcement of Homeowners Association Rules

The HOA board is responsible for enforcing the rules and regulations. The board must follow the enforcement procedures outlined in state laws and the governing documents if there are any violations.

Typically, this starts with a notice of the violation. The homeowner then can remedy the violation to avoid further penalties. If they fail to do so, a disciplinary hearing will follow. At this hearing, the homeowner can present their case, and the board will decide whether or not to impose a penalty.

Here are the potential consequences of violating HOA rules.

Fines

Many associations charge fines for violations, increasing with every offense of the same violation. Fines also tend to incur interest for every day they are left unpaid.

Loss of Privileges

When homeowners violate the rules, they can sometimes temporarily lose their privileges. This includes access to amenities and facilities and even voting rights until they correct the violation.

Liens

Some HOAs can place a lien on a home for accumulated unpaid fines. Whether or not an HOA can foreclose on a lien solely consisting of fines depends on state laws and the governing documents.

How to Change HOA Rules

In general, an HOA’s governing documents should outline the process and requirements for changing rules. Before starting anything, it is important to check the CC&Rs, bylaws, and operating rules.

The HOA board can typically amend operating rules with a simple board vote. This means they don’t require a membership vote, which is usually reserved for amendments to the CC&Rs or bylaws.

If a homeowner wishes to change the rules, they can propose the change to the HOA board. This usually involves submitting a formal request and then drafting the new rule. The board will notify homeowners and discuss the change at the next board meeting.

Should the vote pass, the HOA board must notify all homeowners of the change and implement it. Enforcement must be fair and consistent.

Texas Homeowners Association Regulations

The Texas Property Code covers HOA rules and their limitations. Homeowners associations in the state can’t wholly prohibit but can regulate the following:

The display of the U.S. flag, the state flag, and the US Armed Forces flag (Section 202.012)
The display of political signs during the election period (Section 259.002)
Rain barrels, composting systems, efficient irrigation systems, and drought-resistant landscaping (Section 202.007)
Swimming pool enclosures (Section 202.022)
The display of religious items (Section 202.018)
Security measures such as security cameras, perimeter fencing, and motion detectors (Section 202.023)
Standby electric generators (Section 202.019)
Solar panels and solar energy devices (Section 202.010)
Wind- or hail-resistant shingles, or shingles that are heating and cooling efficient (Section 202.011)

Associations also can’t prohibit or regulate the possession of firearms or ammunition (Section 202.021) and lemonade stands (Section 202.020).

What is the New Law About HOA in Texas?

In Texas, House Bill 614 went into effect on January 1, 2024. This new law requires HOAs to practice greater transparency. It mandates them to provide homeowners with detailed information about fees, fines, and hearing procedures. The mandate includes posting this information online and distributing it annually.

What are the New HOA Rules for Texas?

Because rules can vary from one HOA to another, homeowners should refer to their governing documents for guidance. The HOA board is also responsible for notifying homeowners of any new rules or rule changes.

For Homeowners

HOA rules play an essential role in preserving community standards and property values. Homeowners must understand their rules and do their best to adhere to them. In doing so, they can avoid fines and other penalties.

Preferred Association Management Company offers exceptional HOA management services to communities in Central Texas. Call us today at 512-918-8100 or contact us online to learn more!