Homeowner associations (HOA) — also known as property owner associations, community associations, civic associations or unit owners associations — permeate the life of an increasing number of Texans. There are presently an estimated 30,000 associations, with new ones being created with the start of every new subdivision and condominium.

HOA are statutorily authorized private governmental entities created by residential developers when construction of new subdivisions or condominiums is commenced, homeowner associations have the power to legislate, tax, enforce, punish and adjudicate. They are essentially privately operated municipal governments.

The 2011 Texas Legislature revolutionalized Texas’ homeowner association law — materially altering the rights of both associations and homeowners. Thirty-seven laws, addressing assessments, collections, foreclosures, elections, documentary disclosures, board member qualifications, meetings, open records requirements, voting, flagpoles, solar energy, rain barrels and protection for active duty military homeowners, were passed.

These new laws materially complicate homeowner association operation and substantially increase the rights of homeowners to information and protection from arbitrary and secret actions of associations.

JWE has substantial experience in the representation of homeowner associations —from currently serving as general counsel to representing associations in both offensive and defensive litigation. JWE has assisted associations in revamping their operations, policies and procedures to comply with the myriad of new laws that became effective September 1, 2011 and January 1, 2012.

JWE also has substantial experience in protecting homeowners from the oppressive and arbitrary actions of associations, involving issues ranging from land rights to alleged violation of use restrictions, at both the state and federal level.

JWE’s experience includes legislative representation to defeat adverse homeowner association legislation and to obtain the passage of homeowner friendly amendments to existing law.

Whether you are a new or existing association attempting to wade through the new laws, need general representation or litigation counsel or you are a homeowner who rights are being wrongfully denied by your association, JWE will provide experienced and knowledgeable representation.