HOA Dispute Attorney in Austin, Texas

Austin's growth has produced thousands of new HOA-governed communities across Travis County and surrounding areas. The Texas Residential Property Owners Protection Act (Chapter 209, Texas Property Code) provides a substantial framework of homeowner rights — more than many homeowners realize. Understanding those rights is the first step to evaluating whether an HOA has acted within its authority and whether a dispute is worth pursuing.

HOA governing documents — the declaration of covenants, conditions, and restrictions (CC&Rs), the bylaws, and the rules and regulations — create a hierarchy of authority. The declaration takes precedence over the bylaws, which take precedence over rules. An HOA rule that conflicts with the declaration is void. Texas Property Code Chapter 209 creates additional limits that override even the governing documents in some respects. Understanding this hierarchy determines whether a specific HOA action had legal authority — and whether a challenge is viable.

Assessment disputes are among the most common HOA conflicts. Homeowners challenge special assessments as excessive, improperly authorized, or not applied consistently among members. Texas law requires HOAs to follow their governing documents for assessment procedures — including proper notice, the required vote margin for special assessments above a threshold, and documentation of the purpose. An HOA that levies a special assessment without following its own procedures may have difficulty enforcing it. The Texas Property Code also requires HOAs to offer payment plans for delinquent homeowners before initiating foreclosure proceedings, a protection that was added specifically to prevent the disproportionate consequences of home loss for relatively small unpaid assessment balances.

CC&R enforcement disputes arise when an HOA cites a homeowner for a violation — a fence that is the wrong color, a vehicle parked in violation of community rules, landscaping that does not meet standards, an unauthorized structure — and the homeowner believes the HOA is wrong on the facts, wrong on the interpretation, or applying the rule selectively. Selective enforcement is a genuine defense in Texas HOA law: an HOA that regularly looks the other way on similar violations by other homeowners may have difficulty enforcing the same rule against a specific homeowner who is targeted.

HOA board misconduct — self-dealing by board members, failure to maintain required financial records, failure to hold required elections, misappropriation of association funds — gives rise to claims that are distinct from routine CC&R disputes. Texas Property Code Chapter 209 requires HOAs to maintain records and make them available for inspection, to hold annual meetings, and to conduct elections according to the governing documents. Homeowners who believe the board is not operating lawfully can seek injunctive relief, removal of board members, or appointment of a receiver to manage the association in extreme cases.

We connect Austin homeowners facing HOA disputes with real estate attorneys who evaluate the HOA's governing documents, the specific action taken, and the Texas law that applies — and then advise whether the homeowner has a viable challenge or defense. There is no fee to request a connection.