Duties of Management Company
In Texas, homeowners associations (HOAs) and condominium associations (COAs) often hire management companies to handle the day-to-day operations and administrative tasks associated with running the community. These companies act as agents of the association, working under the direction of the association’s board of directors. Below are some of the core functions a management company might perform for an HOA or COA in Texas:
Administrative Services
- Communications: Managing communication with residents, including newsletters, announcements, Notice of fines, Deficiency notices for unpaid annual dues or special assessments.
- Record-Keeping: Maintaining the association’s records, including minutes of board meetings, financial records, contracts, and correspondence.
- Meeting Coordination: Organizing and facilitating association meetings, including preparing agendas, setting up meeting spaces, conducting annual elections, annual meetings, conducting special assessment meetings, and distributing meeting notices and materials.
- Compliance: Ensuring that members of the Association comply with the community’s governing documents and restrictive covenants.
Financial Management
- Accounting: Managing the association’s finances, including accounts payable and receivable, aiding in financial aduits, and producing financial statements and reports
- Dues Collection: Collecting monthly or annual HOA fees from homeowners, managing delinquencies, and, if necessary, initiating collection actions in accordance with the governing documents and state laws.
Property Management
- Maintenance and Repairs: Overseeing the maintenance and repair of common areas and amenities, including hiring and supervising contractors and vendors.
- Inspections: Conducting regular inspections of common areas and, in some cases, individual units (particularly in COAs) to ensure compliance with the community’s architectural standards and maintenance requirements.
- Contract Management: Negotiating and managing contracts for services such as landscaping, pool maintenance, security, and other services required for the community.
Enforcement of Rules and Regulations
- Rule Enforcement: Implementing the community’s rules and regulations, including notifying homeowners of violations and working with the board to address non-compliance.
Legal Compliance and Advisory
- Legal Liaison: Acting as a liaison between the association and legal counsel on matters requiring legal attention, including litigation, document review, and compliance issues. Move often than not, the management company will supply the legal counsel for the HOA or COA.
It’s important to note that the management company’s role is to implement the decisions of the COA or HOA board of directors, not to make those decisions, though this line becomes grey in many situations. The board retains the ultimate authority over the association’s governance. Bad Management companies will overly enforce compliance issues with the members and create contentious issues with the Board of Directors and Community members at large. It is normal to sue both the management company and the Association if litigation is necessary.
Julian Nacol
Nacol Law Firm P.C.
Dallas HOA Attorney
(972) 690-3333
Texas Homeowner’s Association: Appealing HOA Fines and a Realistic Result
Texas Homeowner’s Associations can be difficult to deal with. If an individual needs to file a suit due to arbitrary or capricious actions, it is important to know your rights prior to filling any suit.
Texas Property Code § 209.007 allows for dispute resolution and appeal to the board of directors if there is an improper fine due to an alleged offense of the Rules and Regulations of a residential residence.
The HOA shall conduct the hearing not later than 30th day after the date the Board receives owner’s request for a hearing.
At the hearing an individual will have the opportunity to verify the facts and allegations actions that lead to the fine or violation. Furthermore, the homeowner will have an opportunity to rescind the fine, justify any action, or ask for clemency.
This is a convenient and cheaper way to attack an unlawful or improper fine, but usually it is unhelpful.
If a Board or a management company, which is normally an agent of the Board, fines an individual then an appeal will be a waste of time. Likely, Board members will not care enough, nor listen to a homeowner’s complaints regarding violations. Texas Property Code § 209.007 was passed by Texas Legislature in a misguided attempt to promote resolution as an alternative dispute process.
HOA Boards and HOA Management companies do not entertain appeals and the appeal is usually worthless. It is a waste of money to hire an attorney to represent you in this ordeal because the judge and jury are the Board Members that fined you in the first palace. Usually, the President of the HOA board is a “Karen” that has nothing better to do than get involved in other people’s business.
Filing an appeal, though worthless does have one added benefit. It gives you time to find a lawyer before the fine becomes permanent. It is not needed to hire a lawyer to represent you in the appeal and anything you say at the appeal will likely be recorded by the HOA and used against you if a suit is filed. HOA Board members usually do not know the law, procedure, or the property code, thus these appeal hearings are shams to give the illusion that you are being heard.
If you are being fined by the management company or HOA best thing to do is file suit or send a demand letter.
Dallas Texas HOA Attorneys
Nacol Law Firm P.C.
(972) 690-3333
NACOL LAW FIRM P.C.
8144 Walnut Hill Lane
Suite 1190
Dallas, Texas 75231
972-690-3333
Office Hours
Monday – Thursday, 8am – 5pm
Friday, 8:30am – 5pm
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization