Fundamentals in HOA Governance


HOA transparency sometimes feels like an oxymoronic term. The truth of the matter there are opposing laws and regulations. On one hand “privacy” and on the other “transparency.” Those who volunteer to govern the membership interest must consider the consequences (jeopardy) of both.

Board members may not discuss any specific enforcement action or pending litigation seeking compliance from a neighbor. All property owners desire compliance from other property owners who neglect responsibility. This is the very essence of a Property Owners Association (an HOA). The final authority is a court order (from a judge) to enforce a deed restriction or an order of foreclosure to recover assessments. The Association attempts to resolve all issues through a no or low cost means for example letters, assistance from an area director or 209 hearing before the Board, etc. Owners who desire to contest an enforcement action must take personal action to resolve the issue. Ignoring a notice always ends poorly for the party neglecting to resolve an issue reasonably. No one desires unreasonableness.

Everyone should invest their money and time in their property and not fund the legal system to resolve an issue. The Association only recourse by law is to use the legal system for all enforcement actions unresolved.

Owners who desire to contest legal action pay their attorney and the Association’s attorney legal fees (Texas Property Code § 209.008). Eventually the Association recovers assessments and expenses either through foreclosure or a lien on the property when sold or by a judgment or an Abstract of Judgement on the owner. Seldom does an owner prevail even though we all read the absurd behaviors of other HOA’s. A judge considers the interest of all members in a community and the facts at hand. The primary goal of the HOA is to use resources wisely preserving property values and to enhance the quality of life for all members.

Your Board of Directors are working ethically and diligently to enforce the covenant made by each owner’s signature on the deed. We focus on the number one reason communities fail to thrive, neglect. The Board will not discuss any litigation matter, but you may read about it for yourself through Public Information sources such as the Harris County District Clerk. You may create an account and search any public matter of the past or current. A simple search term is “Champion Forest”. Like any search, after a while you learn how to narrow down what you may be looking for.

If you are interested in searching public other public filings, you may create an account and search Harris County Clerk Records. Here you may find marriage, DBA, property records, along with Abstracts of Judgement, foreclosure sale listings and HOA filings like restrictions, policies, etc.

If you want a great neighborhood, you must neighborly.

If you desire a thriving community, you must participate.

The only thing that is free is a volunteer.