Quote:
Originally Posted by slewfoot
HOA Bylaws, Declarations, Covenants or however you slice it are like the Constitution.
Many always say, "it's against the Constitution." Thing is they have no fkn idea where it says so. Generally, a new owner is to receive a copy of the Bylaws and all but never bother to read them over which could prevent issues in the future.
Then they do something and piss everyone off when it could have all been avoided.
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THIS.
In 5 years as an HOA President, that was our biggest problem: Most people put the covenants in a stack of papers in a drawer somewhere and forget about them. Or lose them. We created a website and I made sure that the covenants were posted there.
You should be aware that in Texas, an HOA cannot foreclose on a lien that consists solely of fines. If you haven't paid dues that's one thing. But they can't take your house because you broke a rule and they fined you. There might be other protections if you have a homestead exemption, but I can't remember as it's been quite a few years.
Sometimes it's worth the fight, sometimes it ain't. I see why you'd want to fly the flag, but from the HOA's point of view if you bend the rules, pretty soon everyone is flying flags and your neighborhood looks like a county fair. I'd definitely challenge them if it's that important to you, but based on the amount of pushback, you may want to back off on it. Pick your battles.