Welcome to the Kazi Law Firm! We are a boutique law firm steeped in Texas tradition personifying the warmth and congeniality consistent with southern hospitality. We believe in preserving integrity and professionalism with true Texan charm, staying true to our roots, while providing essential, affordable legal services to all. Located just north of Dallas, Texas in the rapidly growing suburb of Frisco; the Kazi Law Firm concentrates on contracts drafting and review, immigration law, will & estates, real estate law, landlord, tenant, mediation, and general business law needs.
One of the most common complaints we receive are HOA disputes in master planned communities across the Dallas Fort Worth metroplex. Homeowners are frustrated and angry with fines and HOA notices. They seem to be at odds with their HOA and can’t seem to shake the feeling that they are being wrongfully targeted. Let’s talk about HOAs in Texas and homeowner rights.
While it may appear that a community association has unlimited powers over its community, this is actually a common association myth. Yes, the association has powers that allow it to help protect the neighborhood’s aesthetic, but homeowners within an association also have their own powers under the course of due process.
Homeowner Rights
Although some homeowner rights are obscure, we still think it’s important that community members know where their rights lie and how they can take action. Here are four common rights that homeowners possess under a Homeowner’s Association in Texas.
- The Fair Housing Act:
According to the Fair Housing Act, an association cannot enforce rules that would create a disadvantage or single out a specific group of people. This means that no matter your race, ethnicity, political stance, or religion, your HOA has no power to remove you because of it.
- General Home Decorations:
While there are limitations, homeowners are able to decorate their homes with religious displays or flags of their pleasing. In most associations, religious displays on front doors are regulated to a maximum of 25 square inches, while flags can generally be displayed on poles 20 feet tall and less. While homeowners may have some flexibility with how they can decorate their home, it’s always a good idea to still submit an Architectural Request (ARC) for any exterior modification to ensure everything falls within your particular association’s unique guidelines.
- Appeal Fines:
If you find yourself facing a fine because of a violation of the HOA’s rules, you have the right to appeal that fine and violation. If the violation is valid but you have had it corrected, you have the right to ask your board of directors to waive the fine posted to your account. If you feel the violation itself is not even valid, you can appeal the issuance of the violation. Be sure to do your research and know exactly which rules from the association documents you are disputing.
- The Right to Notice Prior to Enforcement:
Before your association prevents you from using a common area, imposes a fine, or even begins to foreclose on your home, it must first present a written notice. According to Texas HOA laws, this notice must:
- Describe the nature of the violation
- Outline what is requested to be done to cure the violation
- Give a specific timeframe for resolution
I built my law practice on the premise of being a life raft in a sea of sharks. I want to be an advocate for those that have been wronged and are too intimidated to seek help. My firm is here to explore your options, guide you through your legal journey, and give you that safe space to ask questions! There’s no such thing as a stupid question…Only the ones you don’t ask. So, my question to my clients is not “do you have any questions?” But rather “what questions do you have?”
As always, the Kazi Law Firm is standing by to help you in your time of need. Don’t hesitate to contact us today. We specialize in real estate law, landlord-tenant disputes, immigration, and wills & estate planning. Family is at the core of our practice. Just as we treat our family with respect and understanding, we treat yours. Come join the Kazi Law Firm family today!
Why swim alone in shark-infested waters when you don’t need to?
