Have Legal Questions? Ask a Lawyer Now.
HOA bylaws are a contract that you make with the community when you purchase the property. You've already contractually agreed not to use a realtor, and the terms of the agreement are generally going to stand.
The argument of the HOA that the court usually buys into is that the owner had the choice whether to sign the HOA agreement, and because he/she did sign, they've already agreed no to use a realtor - in writing - and they can't breach their agreement.
You could always sue the HOA to have the bylaw removed from its books, but it would be difficult and you'd virtually have to prove that this provision is unconstitutional - it would be difficult to overcome such a burden.
HOA laws are superceded by state and federal law. HOA's sometimes pass laws that are illegal, regardless of whether an HOA agreement has been signed. For example, in Texas some HOA's had a law that stated you had to have a wood shingle roof on your house. However Texas property code states that an HOA cannot force a homeowner to have a wood shingle roof. HOA's had to change their law when someone showed them Texas Property Code. Another example is that an HOA in Tennessee made a law that homeowners couldn't own a gun. This was over-ridden by the 2nd Amendment of the US Constitution.
I need for someone who is familiar with Texas Code to advise if prohibiting a homeowner from using a realtor violates Texas Code/law or federal law. There are laws in Texas that protect homeowners from HOA laws. There are also laws in Texas about free enterprise and restriction of free trade. I am asking if this law of my HOA violates a state or federal law.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).