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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110582
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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After the Hail Storm of 4-12-16, serious damage has occurred

Customer Question

After the Hail Storm of 4-12-16, serious damage has occurred to many homes in Helotes, TX and in my subdivision. Contracts have been let by some home owners pursuant to their owners insurance and repairs are being made now.
I received a CS News paper yesterday from the HOA (Home Owners Ass0) stating that home owners must first submit an ACC (Home Improvement Request) citing material, color, description,warranty, sketch, lumber, type & grade, etc.,and receive HOA approval before any emergency repairs can begin. In hiring a Contractor,one usually decides on Contractors reputation rather than the grade of lumber he uses.
I have been told legally that HOA can impose what ever their by- laws call for. I maintain such by laws must abide by prevailing city and County Codes.. Huh.. Can you name such Texas Codes for me? Thanks.***************
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the Texas HOA laws, the HOA has a legal right to set their requirements in their bylaws because when people bought their home in the HOA area they agreed to be bound by those bylaws. So, if there are architectural requirements in the bylaws, the HOA can seek to enforce those bylaws and make members get approval for repairs or replacement of the roofs to make sure they match all of the other homes in the subdivision. The contractor does not decide on the material, lumber, grade, color etc., the homeowner decides on those things and in a case where the homeowner has agreed to live in an HOA and be bound under their bylaws, the homeowner has to follow those bylaws with regards ***** ***** appearance of their property and select material/lumber/color etc to conform to those bylaws.
The homeowner in an HOA can save a lot of aggravation by 1) reading the bylaws to find out what the requirements are and 2) sending a written request to the HOA board to ask them to send the requirements in writing to the homeowner so the homeowner can give them to the contractor before the homeowner submits their request for approval to the HOA as required by the bylaws.

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