When homeowners receive a violation notice, face escalating fines, or find themselves in a dispute with their homeowners association, one question often arises:
Who regulates HOAs in Texas?
It is a reasonable question. Homeowners associations have the power to enforce restrictions, levy fines, collect assessments, and in some situations even place liens against property. Many homeowners assume there must be a state agency overseeing these organizations.
Recently, the Dallas Morning News explored this issue in its Curious Texas series article, “Is There Government Oversight Over HOAs?” The article featured commentary from Richardson HOA attorney Gregory B. Fell, founder of The Fell Law Firm, regarding the legal realities facing Texas homeowners involved in HOA disputes.
The answer surprises many people:
There is no Texas government agency dedicated to actively policing homeowners associations.
Instead, homeowners frequently must rely on Texas law and, when necessary, the court system to protect their rights.
Why HOA Disputes Are So Common in Texas
Texas has more than 21,000 homeowners associations governing residential communities across the state. These organizations regulate everything from landscaping and fences to architectural modifications, parking restrictions, assessments, and community standards.
Most HOA disputes arise because homeowners and boards disagree about:
- Architectural approval requests
- Fence construction
- Pool installation
- Property modifications
- Landscaping requirements
- Assessment increases
- Collection actions
- Access to HOA records
- Election procedures
- Selective enforcement of rules
While many disputes can be resolved informally, others quickly become expensive and contentious.
Texas HOAs Operate Through Private Contracts
One of the most misunderstood aspects of HOA law is that homeowners associations generally derive their authority from recorded restrictive covenants and governing documents.
When a homeowner purchases property within an HOA-governed community, they become subject to those restrictions.
As an HOA dispute attorney, Greg Fell explained in the Dallas Morning News article, HOAs are largely governed through contractual relationships between homeowners and the association rather than direct governmental oversight.
That distinction matters because it often determines how disputes are resolved.
Unlike complaints against licensed professionals or regulated industries, homeowners typically cannot simply file a complaint with a state agency and expect an investigation.
Instead, enforcement often depends on private legal action.
Does Texas Law Protect Homeowners?
Absolutely.
Although Texas does not maintain a dedicated HOA enforcement agency, homeowners are far from powerless.
The Texas Residential Property Owners Protection Act provides important rights and protections regarding:
- Board governance
- Election procedures
- Financial transparency
- Access to records
- Notice requirements
- Enforcement procedures
- Collection activities
Texas law establishes rules that many associations must follow before taking enforcement action against homeowners.
When those procedures are ignored, homeowners may have legal remedies available.
Common HOA Problems We See
At The Fell Law Firm, many HOA disputes fall into several recurring categories.
Selective Enforcement
One homeowner receives a violation notice while numerous neighbors commit the same alleged violation without consequence.
Selective enforcement is one of the most common complaints we hear and can raise significant legal issues.
Architectural Review Disputes
Many associations require approval before homeowners:
- Build fences
- Add patios
- Install pools
- Change roofing materials
- Modify exterior paint colors
- Construct additional structures
Disputes arise when requests are denied arbitrarily or inconsistently.
Improper Fines and Assessments
Homeowners frequently contact our office after receiving:
- Excessive fines
- Unexpected assessments
- Repeated violation notices
- Threats of liens
- Collection demands
In many situations, homeowners are uncertain whether the HOA followed proper procedures.
Access to Records
Texas law grants homeowners important rights regarding association records.
Unfortunately, some boards refuse access to:
- Financial documents
- Meeting minutes
- Election records
- Contracts
- Governing documents
When transparency disappears, disputes often follow.
Why Waiting Can Make HOA Problems Worse
One of the most important observations from Greg Fell’s comments in the Dallas Morning News article is that HOA disputes rarely improve through inaction.
Many homeowners ignore notices because they believe the issue will simply disappear.
Instead, fines can accumulate.
Interest may accrue.
Attorney fees may be added.
Liens may be filed.
What begins as a relatively minor disagreement can become a significant legal and financial problem.
For that reason, homeowners should address disputes early and seek legal guidance before the situation escalates.
What Homeowners Should Do When an HOA Dispute Arises
If you believe your HOA is acting improperly:
Review Governing Documents
Read the:
- Declaration of Covenants
- Bylaws
- Rules and Regulations
- Architectural Guidelines
Many disputes turn on the language contained in these documents.
Document Everything
Keep copies of:
- Violation notices
- Emails
- Letters
- Photographs
- Board communications
Documentation often becomes critical evidence later.
Request Records
Texas law provides homeowners with rights to inspect certain association records.
Obtaining these documents may reveal important information about how decisions were made.
Consult an HOA Attorney
The earlier legal issues are identified, the more options homeowners typically have available.
Experienced HOA Representation Throughout North Texas
The Fell Law Firm represents homeowners throughout:
- Richardson
- Dallas
- Plano
- Frisco
- Allen
- McKinney
- Garland
- Carrollton
- Denton County
- Collin County
- Dallas County
We assist homeowners facing:
- HOA disputes
- Wrongful fines
- Architectural review conflicts
- Property rights disputes
- Restrictive covenant issues
- Access to records claims
- HOA litigation
- Board governance disputes
Dallas Morning News Recognition Highlights the Importance of HOA Rights
The recent Dallas Morning News article highlights a reality that many homeowners discover only after problems arise:
While homeowners associations possess significant authority, they are not exempt from Texas law.
Homeowners have rights.
Associations have responsibilities.
When disputes occur, experienced legal guidance can help level the playing field.
If you are involved in a dispute with your homeowners association, have received fines or enforcement notices, or believe your HOA is acting beyond its authority, The Fell Law Firm can help you understand your options and protect your property rights. To speak with an HOA lawyer, contact us sooner rather than later.
Related Resources
- https://www.felllawfirm.com/other-practice-areas/homeowner-associations/
- https://www.felllawfirm.com/about-us/
- https://www.felllawfirm.com/contact-us/
Source:
Dallas Morning News, Is There Government Oversight Over HOAs? Curious Texas Investigates (May 26, 2026).
