Hoa covenants versus guidelines4/22/2024 ![]() ![]() Texas’s Debt Collection Act is administered by the state’s Attorney General. Unlike the FDCPA, though, the Texas statute is not limited to third-party debt collectors and can therefore apply to an HOA attempting to collect delinquent assessments on its own behalf. seq., regulates debt collection at the state level and contains provisions similar to the FDCPA. However, a third party – such as a collection agency, law firm, or property management company – attempting to collect fees owed to an association may qualify as a “debt collector” under the FDCPA. 1997).Īn HOA collecting its own debts does not qualify as a “debt collector” and is therefore not directly regulated by the FDCPA. HOA fees are considered “debts” under the FDCPA, and homeowners are protected “consumers.” Ladick v. In essence, these documents contain the rules, policies, and other contractual terms that a homeowners association, including Board members and homeowners, must adhere to. §1692, et seq.: The FDCPA regulates the conduct of “debt collectors” collecting debts owed by “consumers” to third parties. Typically, all associations have the following governing documents: Bylaws CC&Rs, which stands for Covenants, Conditions, & Restrictions and Rules & Regulations. For more information on housing discrimination or to file a housing discrimination complaint, please visit the Texas Workforce Commission’s website.įederal Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C. seq., provides state-level protections similar to the FHA and is administered by the Texas Workforce Commission. Under the FHA, an association can incur legal liability for taking an adverse action or maintaining a policy that impedes a person’s right to buy, rent, or enjoy the use of real estate based upon that individual’s membership in a protected class.Īn adverse action can be express discrimination, such as exclusionary covenants preventing sales or leases to anyone within a protected class, or actions which might not include discrimination on the surface, but which result in a “disparate impact” on a protected group. Amendments passed in 19 extended the law’s scope to “sex,” “disability,” and “familial status.” 42 U.S.C. seq.: The FHA was enacted in 1968 to prevent housing discrimination based on “protected classes,” including race, color, religion, and national origin. Master Mixed-Use Property Owners' Associationsįederal Fair Housing Act (“FHA”), 42 U.S.C. Texas Residential Property Owners Protection ActĮxtension or Modification of Residential Restrictive Covenants by Petition in Certain SubdivisionsĪmendment and Enforcement of Restrictions in Certain SubdivisionsĮxtension of Restrictions by Majority Vote in Certain SubdivisionsĪmendment Of Dedicatory Instruments Of Certain Mixed-Use Real Estate Developments Restrictive Covenants Applicable to Revised Subdivisions in Certain CountiesĮxtension of Restrictions Imposing Regular Assessments in Certain Subdivisionsĭisclosure of Information by Property Owners' AssociationĪmendment and Termination of Restrictive Covenants in Historic Neighborhoods Powers of Property Owners' Association Relating to Restrictive Covenants in Certain Subdivisions Restrictive Covenants Applicable to Certain SubdivisionsĬonstruction and Enforcement of Restrictive CovenantsĮnforcement of Land Use Restrictions in Certain Counties ![]()
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