Has anyone ever mounted a serious challenge to the power and legality of the HOA-s in this area? 

Please, please, please....someone answer....very, very interesting topic here; would love to hear people's experiences with this one!

HOAs....what an interesting sociological creation...sort of like Frankenstein! 

Lived here over 30 years. 3 houses, a few additions/constructions, no problems or conflicts. 

Has anyone ever mounted a serious challenge to the power and legality of the HOA-s in this area??



Sounds like you need to talk to the owner of the nine car garage. ;-) 

I used to be the President of my HOA and I can tell you the courts usually will back the HOA. They have a lot more power than what you think. 

As long as they follow all the rules, covenants and bylaws set forth for the community they're in the clear. The HOA board sets said rules etc and as long as they are within legal parameters they're within their right to do so.

Now if said rules and penalties are not being applied equally or with prejudice, that's a different story. 

HOAs are a powerful bunch. But there has to be some recourse and Homeowners' Rights to bullying somewhere in the Deed we purchased. 

As newbies to the area, we had serious issues regarding vindictive neighbors reporting us to the HOA for an multitude of alleged violations. We consulted 2 attorneys and from those meetings, well basically, when you sign those documents at closing - yeah, you basically sign away your constitutional rights to the HOA.
We attended meetings and attempted to get involved but being the newbies and already black-balled...not gonna happen.
We sold after 2 years and will never own in an HOA ever again. 

Thanks to all the contributors and thought-provoking posts.

Keep it up...THANKS 

The HOA's differ in their duties and scope of power depending on where you live. Texas HOA's seem to have a lot of power and are very expensive.

I was a VP once and a Treasurer in a Midwestern state and it was nothing like what we have here. We charged $48 a year. Not $480. We had covenants but they weren't obsessively picky, they were general and addressed general things. No one got cited for where they put trash cans the day before pick up.

They have too much power here. I'm guessing they are widening their scope of influence as time goes on and now they are into everything.

I know someone who sent in a sample to get cleared for a paint job on their home 2 mos ago and still haven't heard back. They painted anyway. That's another issue, consistency is not their forte. 

I used to be the President of my HOA and I can tell you the courts usually will back the HOA. They have a lot more power than what you think.?




That statement is completely wrong. They almost always side with the homeowner. Here the deed restrictions are written so broadly which makes it even harder for the HOA to win. 

We had covenants but they weren't obsessively picky, they were general and addressed general things.

They have too much power here.



I see you haven't read yours here then if you think yours here are the opposite of what you stated above.


I know someone who sent in a sample to get cleared for a paint job on their home 2 mos ago and still haven't heard back. They painted anyway. That's another issue, consistency is not their forte. 


Highly doubtful. What village would that be? 

No, HOAs are not consistent. They nab one citizen and let obvious infractions go on and on. They appear to target one home and keep going at them again and again. 

That statement is completely wrong.

I don't know what HOA board you were on but the courts ALWAYS sided with us. I served 3 years and that was my experience. 

I know someone who sent in a sample to get cleared for a paint job on their home 2 mos ago and still haven't heard back. They painted anyway. That's another issue, consistency is not their forte.

Can't remember precisely, but there is a default in my HOA that if a response is not received within 30 days, the project is automatically approved. 

No, HOAs are not consistent. They nab one citizen and let obvious infractions go on and on. They appear to target one home and keep going at them again and again.?



The crucial word you used is "appear."

It "appears" that is what's happening but it's not. Just because you don't have the visibility to know what's going on behind the scenes does not mean nothing is happening. You should know that everything that involves attorneys takes quite some time. 

I don't know what HOA board you were on but the courts ALWAYS sided with us. I served 3 years and that was my experience.?



What Kingwood village was that in? You actually went before a judge over and over for deed restrictions? I find that impossible to believe. 

You actually went before a judge over and over for deed restrictions? I find that impossible to believe.?

I have witnessed a HOA doing that back when I lived in Virginia. It was like a da** hobby for them. It was sick :( 

What Kingwood village was that in? You actually went before a judge over and over for deed restrictions? I find that impossible to believe.

I never said it was in Kingwood. It was in Katy and yes we went to court to enforce our rules. We could have foreclosed on a house for failure to pay dues for 5 years. We would have won too. However, the threat of foreclosure got them to pay up. 

Yep. There was an older woman in Kingwood who was a widow and after her husband died, she quit paying her HOA fes. They evicted her bc she couldn't pay.

Maybe that will help " Mathew M" believe. 

With properly written rules, the HOA wins every time because when you buy your house you sign that you will live by the rules. 

Never. Again.