Increasing Fees and Assessing Fines Without a Vote

Question:

1. Can an HOA Board, without HOA members of without a quorum increase HOA fees and assess fines?

2. Must the votes be in writing for them to be valid? If a vote is done by a show of hands, is that considered valid?

– Leslie

 

Answer:

Hi Leslie,

An HOA board generally does not need the approval of owners to increase HOA dues. The board can raise dues by as much as they need to meet the budget unless your governing documents say otherwise.

As for fines, Texas law does not automatically give an HOA the power to impose fines. Such a power must be granted by the governing documents as well. Before imposing fines, though, an HOA must notify the property owner via certified mail. You will find more information here.

 

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

company logo
company logo
company logo
company logo
company logo
company logo
company logo
company logo
company logo