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Is it possible to sue an HOA?

On Behalf of | May 9, 2023 | Real Estate Disputes |

Homeowners’ associations may be sources of stability for large properties or developments. However, an HOA is rarely a source of harmony.

Texas culture tends to prioritize individual expression and freedom over conformity. However, despite that, the law could favor HOAs in some disputes.

A law offering potential protection

If you do have a case against your POA, that could be because you have a valid claim under the Texas Residential Property Owners Protection Act. This law, as the name suggests, aims to protect property owners by outlining some legal rights.

The issue here is that the law might be more favorable for the interests of the POA than it is for yours. If the law does favor your arguments, it could be because the association overstepped its boundaries or violated your rights — and, subsequently, would not back down from its position.

Alternative means of resolution

By and large, most disputes between individual owners and associations can find resolution through association bylaws. Bylaws might even have their own provisions for some issues that stem from federal laws, such as accommodations for people with disabilities.

However, your bylaw-based disputes with homeowners’ associations could be relatively complex. If you believe that you have a strong position, whether it is in the bylaws or in municipal, state or federal law, it is likely that you will have to gather evidence, craft your arguments and state your case in a formal manner.

Nobody wants to get litigious with their neighbors. The question in any HOA dispute is often finding the most efficient way possible to protect your rights as a property owner.


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