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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117460
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our management company issued a specification regarding

Customer Question

Our management company issued a specification regarding bamboo screenings on balconies effective within 30 days. Prior to this "specification" multiple complaints were lodged against one tenant ( not an owner) becuase of just such an installation. That tenant just happens to reside in a condo owned by 1 of our 2 board members who just happens to be quite friendly with the Management company memeber. This issue was never announced that it was being discussed. Can the board and the management company just create new thinly veiled policy?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year 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.

Under the Texas Condo Act/HOA Act, the associations are allowed to set their governance within their bylaws. If the bylaws do not preclude it, the board of directors and management company can indeed set these rules and regulations for the entire association. They can actually even issue waivers to individual units on applications to the board. Thus, legally, unless the bylaws or CC&R prohibit this, the board and management company may indeed set these rules and that is something many residents in these types of buildings do not realize they give up rights to when they move in.