This is in Travis County Texas for single family home residential neighborhood with approx 600 lots.
I am a member of an HOA and on the board. The central question I have is in regards to if the HOA documents such as the CCR's, Bylaws, Articles of Incorporation have to either explicity permit or do they have to explicitly remove ability of the board or HOA to add fine or fees that are not stated in the documentation.
The current central issue is the previous HOA board made a board resolution to add a $100 administrative charge to the amount charged to the homeowner for a forced mow (lawn maintenance done by the HOA due to owner failure to maintain the lawn). This $100 administrative charge that the previous board added is not a cost that the Association incurs and just goes into the general fund.
The CCR's state "Declarant, the Association, and the ACC will have the right at any resonable time to enter upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary; and to paint, repair, or otherwise maintain any improvements in need thereof, and to charge the cost therof to the Lot Owner."
I have read the rest of the CCR's and the bylaws multiple times and the only other time they talk about fees and penalties is when talking about late payment of the association dues.
My thought is that since the CCR's and Bylaws do not state that the board has the power to add fees, penalties or other charges against the home owners the only cost the board can pass on to the home owner is actual costs that are incurred due to the forced mow and in order to add a fee such as this it would require an amendment to the bylaws or CCR's to explicitly give that power to the board or state what the fee is. This amendment would be approved by the general membership as per the CCR's/Bylaws.
Other board members are of the opinion that the board has the power to add any charge/fee they see fit since the CCR's/Bylaws don't say something to the effect of "No other fee or charge will be made against the homeowner that isn't specifically stated in these documents.." or something like that.
My problem with the thought of the documents having to say NO is that it gives the board more power then they should... If so by board resolution they could add a $500 fee for parking 5 cars in the driveway or something like that... Not something that has actually been discussed but it opens the potential.
I am not a lawyer or even studied law much at all but would appreciate it if someone could help me out on this.
I am a member of an HOA and on the board. The central question I have is in regards to if the HOA documents such as the CCR's, Bylaws, Articles of Incorporation have to either explicity permit or do they have to explicitly remove ability of the board or HOA to add fine or fees that are not stated in the documentation.
The current central issue is the previous HOA board made a board resolution to add a $100 administrative charge to the amount charged to the homeowner for a forced mow (lawn maintenance done by the HOA due to owner failure to maintain the lawn). This $100 administrative charge that the previous board added is not a cost that the Association incurs and just goes into the general fund.
The CCR's state "Declarant, the Association, and the ACC will have the right at any resonable time to enter upon any Lot to replace, maintain, and cultivate shrubs, trees, grass, or other plantings as deemed necessary; and to paint, repair, or otherwise maintain any improvements in need thereof, and to charge the cost therof to the Lot Owner."
I have read the rest of the CCR's and the bylaws multiple times and the only other time they talk about fees and penalties is when talking about late payment of the association dues.
My thought is that since the CCR's and Bylaws do not state that the board has the power to add fees, penalties or other charges against the home owners the only cost the board can pass on to the home owner is actual costs that are incurred due to the forced mow and in order to add a fee such as this it would require an amendment to the bylaws or CCR's to explicitly give that power to the board or state what the fee is. This amendment would be approved by the general membership as per the CCR's/Bylaws.
Other board members are of the opinion that the board has the power to add any charge/fee they see fit since the CCR's/Bylaws don't say something to the effect of "No other fee or charge will be made against the homeowner that isn't specifically stated in these documents.." or something like that.
My problem with the thought of the documents having to say NO is that it gives the board more power then they should... If so by board resolution they could add a $500 fee for parking 5 cars in the driveway or something like that... Not something that has actually been discussed but it opens the potential.
I am not a lawyer or even studied law much at all but would appreciate it if someone could help me out on this.
