Representing Texas Homeowners Associations & those aggrieved by them

Attorney Trey Wilson handles lawsuits and pre-litigation disputes involving enforcement of restrictive covenants/deed restrictions, Homeowner Association member voting/ballot/proxy issues, HOA Board elections, collection of assessments/dues, placement and removal of liens, CCR/Declaration disputes, developer HOA control/turnover, ACC approval, HOA Board governance, Abuses by Homeowners Associations and drafting/amendment of HOA documents including By-laws.



Effective September 1, 2011, Directors of Texas Homeowners' Associations can be removed from the Board if there exists a paper trail showing them to be a convicted felon. This law -- which is incorporated into Chapter 209 of the Texas Property Code --is part of the broad HOA "reform" legislation adopted by the Texas Legislature in its most recent session.

The new law provides:

If a board is presented with written, documented evidence from a database or other record maintained by a governmental law enforcement authority that a board member has been convicted of a felony or crime involving moral turpitude, the board member is immediately ineligible to serve on the board of the property owners' association, automatically considered removed from the board, and prohibited from future service on the board.

Notably, the new law doesn't prevent a felon from running for or even serving on an HOA Board. Moreover, there is no requirement of self-disclosure or any obligation for Board candidates to undergo background checks.